Although the state recently decided to drop treason charges against former President Ernest Koroma, such action does not mean he is absolutely free from the crime.
The Nolle Prosequei is neither a bar to subsequent trial nor let off the hook since the former President could still be rearrested if the need arises.
It implies that Koroma is still not yet out of the woods.
He would be re-arraigned at anytime if he fails to comport himself as President Julius Maada Bio used to threaten him.
Such vulnerability in the hands of an alleged lethal regime would compel the former head of state to maintain decorum in the country even at the expense of his party, (All People’s Congress) as he is just from exile in Nigeria.
Within legal circles,
a nolle prosequei (discontinuation of a case) entered by the Attorney-General and Minister of Justice in respect of a treason is not a buffer zone to re-arrest and prosecution in the future.
The temporal peace deal between President Julius Maada Bio and Ernest Koroma initiated by leaders of the sub-regional bloc, ECOWAS does not immunise the former President from arrest since Sierra Leone is a sovereign state, and no other state can dictate the running of its own affairs.
It is the same with the former RUF (Revolutionary United Front) leader, Foday Saybana Sankoh who enjoys amnesty for all war crimes under the Lome Peace Accord, 1999.
Such amnesty was however declared illegal under international law by prosecuting lawyers at the defunct Special Court for Sierra Leone.
Lawyers have also argued that a nolle prosequei does not amount to an acquittal which is exercised only after a judge or magistrate has listened to the evidence in its entirety and hand down a judgement.
Once acquitted, as provided for by the Criminal Procedure Act, 2024, a person cannot be arrested for the same offence unless he commits another offence, thus upholding the legal principle of autrefois acquit.
Ernest Koroma who was President for two terms (2007-2018) was accused of treason, in November, 2026, in which most of his guards lost their lives.
It was the first time in Sierra Leone for a former head of state who had served two terms in a row to be arrested and charged with treason.
The allegation prompted a lot discussions and debates within public circles, expressing doubt about the involvement of the former President in the coup, but the law is the law.
The debates about the coup were intense because it came at a time, the Tripartite Committee was about to start its work of investigating the controversial elections of June 24, 2023.
Many Sierra Leoneans, at that time, were of the view that the coup was staged to derail the election probe.
Koroma was however arraigned before a magistrate court in Freetown after he was arrested in his hometown, Makeni in Northern Sierra Leone.
He was placed under house arrest after a protracted interview by officers of the Criminal Investigation Department as an alternative to incarceration at Pademba Road Correctional Centre.
It was widely held that Koroma’s second appearance in court would see him behind bars, a factor which prompted APC members and supporters threatened to take to the streets to block government’s plan of detaining the former president in a prison.
Owing to a foreseen instability that was about to wreck the country, ECOWAS leaders jetted in apparently to remove Ernest Koroma out of the country.
A deal was reportedly struck between Bio and Koroma which resulted to a safe removal of the former head of state from Sierra Leone to Nigeria where he spent almost three years in exile.
At the time of his departure, government pledged to pay Ernest Koroma all his benefits and take care of his property in his absence.
Sierra Leone was also saturated with a barrage of public views over Koroma’s move to seek asylum in Nigeria.
While moderate SLPP members and supporters saw government’s move to let the former head of state stay in Nigeria, the fanatics called on President Bio not to let go Koroma out of Sierra Leone, fearing revenge and reprisals from outside.
Most of the SLPP hardliners feared that Ernest Koroma would trigger the deployment of ECOMOG forces who would ensure a smooth political transition in Sierra Leone.
The public fear was based on the grounds that SLPP did not win the 2023 elections, and that the international community led by the United States would go through ECOWAS for a military strike in Sierra Leone to restore democracy and constitutional rule.
Most of the SLPP supporters see the former President as a man who hardly forgives wrongs done to him by others.
On the other side of the pendulum, APC members and supporters were a bit ecstatic over Koroma’s movement to Nigeria.
They hope that the former head of state would work in his party’s interest by bringing back the election victory allegedly stolen by the Bio regime in the 2023 polls.
But, APC’s expectation turned into a farce when it became clear that Ernest Koroma had been protecting the interest of the party in power, SLPP (Sierra Leone People’s Party).
Former President Koroma, all along, wanted SLPP to complete its two terms although he knew very well that APC did not win the 2023 elections. Speaking from exile in a widely circulated audio, Ernest Koroma blames APC’S manipulated defeat on Samura Kamara who, he said, his participation at the negotiation table with SLPP politicians led to the endorsement of President Bio winner of the elections.
From Nigeria, Ernest Koroma called on Samura Kamara and his supporters to look forward to 2028 election as the 2023 polls is over.
The former head of state went on to state that dragging an opposition leader to the peace during a post-election stalemate is one of the surest ways to cool down troubled waters.
Koroma also stressed how Samura Kamara confessed to him during a meeting in his residence in Makeni city that he had made a blunder by sitting with SLPP politicians at the peace table without consulting him.
Socio-political analysts however argue that Koroma’s main aim is to demonise Samura Kamara in the eyes of the voters so that the people could move on for 2028.
But, the people were not moved by Koroma’s statements which strengthened their resolve to fight for electoral justice. The notion of
electoral justice is about establishing the truth about the actual winner of the 2023 election and hold accountable those who play significant role in rigging the elections.
Samura Kamara is leading the fight for electoral justice, but the Ernest Koroma factor may become a big stumbling block.
It is quite clear that the former head of state will not throw his weight behind Samura, his handpicked successor, just to keep his head above waters.
If Koroma does the contrary, the coup case may erupt again since a nolle prosequei is not an acquittal.