Judge Slams 120 Years Each On Coupists
By Fatima Sesay
Justice Alhaji Moh Jah Stevens of the Freetown High Court on Monday 24 March, 2025, sentenced Alie Badara Kanu and Thaimu Bangura to one hundred and twenty years imprisonment each, after twelve empaneled jurors passed a verdict of guilt against them for the offenses of Treason and Misprision of Treason. The two convicts were before the court on two count charges of Treason contrary to section 3 (1) (a) of the Treason and State Offences Act 1963 Act No.10 of 1963 as repealed and replaced by the Treason and State Offences amendment Act 1963 Act No.21 of 1963 and Misprision of Treason. The indictment states that the convicts, on a date unknown, between 24th June 2023 and 29th of June 2024 in Freetown, prepared to overthrow the government of Sierra Leone by unlawful means. The indictment furthered that the convicts, on a date unknown, between the 1st January and 16th April 2024 in Freetown, well knowing that Captain Senesie, Captain John Conteh alias Caesar, and other persons unknown, had prepared to overthrow the government of Sierra Leone by unlawful means, unlawfully concealed the said information. Defense Counsel S. Turay on behalf of the first convict, Alie Badara Kanu, in his closing address before the court, said his client is charged before the court on two count charges of Treason and Misprision of Treason. He added that treason is an act of overthrowing the government of the State, and that the Prosecution presented his client as an enemy of the State. Defense Counsel Turay furthered in his address that there is no evidence before the court that his client committed the said act, adding that the Prosecution never gave evidence in court that his client’s phone shows that he was among any Whatsapp group planning to overthrow the government, but yet they brought him to court. He said that his client, Badara, was dismissed from the military, and the mechanism which they used to dismiss him was that he was part of a Whatsapp group planning to overthrow the government of Sierra Leone. He furthered that the Cyber Officer, inspector Mohamed Jusu, in his testimony, did not state anything before the court that convict Badara was operating a Whatsapp. Adding that when his client, Badara, was dismissed from the force, he handed over everything, which shows that he has no intention to overthrow the government. Defense Counsel Turay, in his closing address, said that there is no evidence before the court that convict Badara purchased weapons or had attended a meeting to overthrow the government, but yet the Prosecution kept pushing that he committed an offense. He furthered that convict Badara was arrested on the 16 April and was charged to Court on the 29 July 2024, which means that there is no way he will be in prison and busy planning to overthrow the government. Counsel Turay said the prosecution has the duty to prove their case beyond reasonable doubt that the convicts committed such offense He said the rock of the allegation is that the convicts operated a Whatsapp group to overthrow the government, but yet the Cyber officer did not prove anything pointing to that evidence. He pleaded that the judge dismiss his client, as he has no case to answer before the court.
- Sunder Esq. on behalf of the second convict, Bangura, adopted the closing address of Defense Counsel Turay and added that convict Bangura, in his statement, said he was born at Moyamba and the police wrote in his statement that he was born at Moriba town, Joe Town, Waterloo, which shows a clear biasness, asking how could they change the place of birth of somebody.
He furthered in his closing address that the Prosecution did not bring any telecommunications company to show that the number they presented before the court belongs to convict Bangura. He said the Prosecution has failed to prove their case beyond reasonable doubt and that the convicts should be aquitted and discharged. In reply, State Counsel Yusuf Isaac Sesay said the Prosecution has levied sufficient evidence against both convicts. He said the testimonies of all the witnesses confirmed before the court that both convicts were in a Whatsapp group and attended meetings planning to overthrow the government. He added that the convicts made confessional statements to the police on the allegations levied against them. Counsel Sesay ended that the Prosecution has proven their case beyond reasonable doubt against the convicts. After closing addresses of both the Prosecution and Defense Counsels, Justice Steven gave his summing up address. In his summing up address to the jurors, Justice Steven said that treason is the plan or action to overthrow a government, adding that the statement of the first convict, Badara, was confessional statement. He said that Badara, in his statement, said he was communicating with Captain Senesie, and in his statement, spoke about how the perpetrators of the November 26 used RPGs for heavy military targets. The learned Judge furthered that confessional statements have no two ways, adding that it is like pleading guilty of what you were accused of. He said the second convict, Bangura, in his statement, used a word: “kick the bucket”, which has no other meaning than death. He said this is also an indirect confessional statement, and once a person made confessional statements, no further evidence is required. Addressing the jurors further, the learned Judge said that it is most elementary in law that once a person made confessional statements it simply means the person has pleaded guilty. He said that after confessional statements, the Prosecution ought not to have even brought witnesses before the court, adding that once confession is made, the law is settled. He further addressed the jurors that the only second ambit left for the convicts is plea mitigation and their allocutus. At this juncture, the Jurors retired to their chamber to deliberate on the evidence before the Court. On their return, the Jurors returned a verdict of guilt against both convicts. In their allocutus, the first convict, Alie Badara Kanu, pleaded with the judge to temper justice with mercy on him, saying that he is a family man. Second convict, Thaimu Bangura, also in his allocutus, pleaded with the Judge to temper justice with mercy on him, adding that he has no intention to overthrow the government. Defense Counsels S. Turay and E. Sunder also pleaded with the Judge to temper justice with mercy on their clients, adding that they are family men and the bread-winners of their families. Justice Alhaji Momoh Jah Stevens sentenced each convict to a jail term of one hundred and twenty years (120) and the sentence should run concurrently.
