By Janet A. Sesay
The Attorney General and Minister of Justice Mohamed Lamin Tarawalley has on Monday, 21st October, 2024 gave an opening address at the Court Martial hearing at Cockeril headquarters marking the commencement of the trial involving six military officers who are arraigned before the court for alleged involvement in various activities in June, July leading to the November 26 failed coup.
He made his address before the Judge Advocate, Mark Ngegba and six members of the Board including the President.
The accused persons include, SL/1345 Major Patrick Abu Ordende Sesay of 14th Battalion, SL/1307 Major Juana Kabba Ministry of Defense (MoD), SL/1277 Major Foday Sumana Kamara of the Joint Communication Unit (JCU), SL/1334 Major Ibrahim Abu Bakarr Bangura of Forces Reconnaissance Unit (RECCE), SL/1691 Lieutenant Zainab Amara Suwu of the Forces Intelligence and Security Unit (FISU) and RSLAF 18177737 Corporal Mohamed Koroma of Tactical PSYOP Team (TPT).
In his opening address the learned Attorney General Mohamed Lamin said the State Filed Opening Address is aimed at giving an indication as to the nature of the allegations against all six dismissed personnel of the Republic of Sierra Leone Armed Forces (RSLAF) who were members of the Force before their involvements in various activities in June and July, 2023 and leading up to the incidents of 26th November, 2023.
He said the Prosecution are of the view that these activities and the acts complained of, amounted to offences and violations of provisions in the Armed Forces of the Republic of Sierra Leone Act, 1961 (Act No. 34 of 1961, as amended), which will be addressed under various headings.
Giving the background of the matter, the learned Attorney General said all six dismissed military personnel were charged to court on the 11th October, 2024, and that they were charged with three counts offences of mutiny contrary to Section 37(1)(a), mutiny contrary to Section 37(1)(b), failure to suppress mutiny, contrary to Section 38(a) and desertion contrary to section 43(1)(a) of the Armed Forces of the Republic of Sierra Leone Act, 1961 Act No. 34 of 1961, as amended.
He furthered that after the incident on 26th November, Commanding Officers’ investigations were conducted by the accused individual Commanders, and all six dismissed military personnel were referred to the appropriate superior authority, who decided that they should be tried by Court Martial.
Giving brief facts about the matter, the Attorney General maintained that between 1st May and 29th July, 2023, a civilian, Sheka Idriss Dumbuya, who was a teacher and proprietor of the Memorial Academy Secondary School in Calaba Town, conceived the plot to overthrow the legitimate government of Julius Maada Bio, pointing out that the said Sheka Idriss Dumbuya established an organization named the ‘Kalamera’-a Temne word meaning “Reflection” of which he was the Chairman.
He drew the attention of the Judge Advocate and Members of the Board to several WhatSapp groups set alongside the organization, of which Idriss was the Administrator and to which he added a number of military personnel including Major Pao Sesay, Major Juana Kabba, Major Foday Sumana Kamara, Major Ibrahim Abu Bakarr Bangura, Corporal Mohamed Koroma and other personnel, adding that this organization led to the creation of a sub WhatSapp Group called the “Security Network Core.”
He further pointed out that this group served as the military wing and had membership of mostly serving and retired military personnel and it also included police personnel and other politicians.
He stated that it is alleged that it was in this Security Network Core WhatSapp Group that the plot to mount a coup to overthrow the government was planned and discussed, noting that all the above named military personnel are said to have been either members of the group or knew about its existence and purpose.
He continued that Major Pao Sesay is said to have been the lead military figure in this group, adding that in several group discussions and meetings held by members of this forum at different locations in the country, plans were made to procure arms and ammunitions and to recruit disgruntled and willing military personnel across the country to join the plot to overthrow the sitting government.
He further added that Major Pao Sesay and Major J.T. Bangura received money from Major F.S. Kamara and Major Juana Kabba to travel to Guinea through Sanya to negotiate with an arms dealer.
The Attorney General furthered that the First Accused, Major Patrick Abu Ordende met with Captain S.I. Kargbo who is on the run as he was the Officer Commanding (OC) of the RSLAF Forward Patrol Base (FPB) at the Sierra Leone-Guinea border town of Sanya and they all together with two Sierra Leone Police personnel, crossed over to Guinea, where they met the arms dealer and held talks to buy arms and ammunition from him.
He went on that at an earlier meeting in Makeni, Captain S.I. Kargbo had pledged to make available the arms and ammunition holding including three General Purpose Machine Gun (GPMG) he had at Sanya FPB.
Addressing the Judge Advocate and Members of the Board on Case Theory and Early Submission, he posited that the case against all six accused persons is that they acted jointly to engage in unlawful acts which conduct amounted to mutiny that was aimed at unlawfully removing the Government of the Republic of Sierra Leone.
He therefore asserted that the First Accused, Ordende was very active in the various WhatSapp Groups where subversive discussions were held, adding that he attended the meetings held in Freetown and Makeni where they discussed plans and how to execute their plans in an unlawful manner.
He continued that Ordende endeavoured to procure arms and ammunition by travelling to Sanya in furtherance of their plan to stage the coup, adding that he also made efforts to add the Fifth Accused Lieutenant Zainab Amara Suwu his girlfriend, to the Secirity Network WhatSapp Group in his effort to introduce her to top officials of a political party.
He maintained that Ordende deserted and failed to return after the attacks of 26th November, 2023 but went with Major S. Bangura to a native doctor in Waterloo to get prepared.
The Attorney General continued that the Second Accused, Major Juana Kabba was a member of the WhatSapp Group called “Mature Students” and also the First Accused Ordende and Third Accused, Major Foday Sumana Kamara were also members of the said WhatSapp Group.
The Attorney General further disclosed another Group that was created by the Second Accused, Juana Kabba called “Net” where Ordende and the Third Accused, Foday were also active members, from where he revealed that the Second Accused, Juana Kabba forwarded a message on the “Net” Group that was titled: “Logistic Breakdown For Freedom Day” and that other members of the group attended a meeting at the World Wide Night Club at Dwarzack in Freetown and also in Makeni where they discussed the plan to overthrow the government of Sierra Leone.
He furthered that during the 26th November 2023 attacks, the accused persons escaped from lawful custody and deserted their deployments and failed to turn themselves to the authorities, thereby showing disloyalty to the State.
He explained that the Third Accused, Major Foday Sumana Kamara was also a member of the “Kalamera” WhatSapp Group, after he was added to the group by the Sixth Accused Corporal Mohamed Koroma, and he informed the court that Koroma deserted and went to Guinea where he was arrested together with the other accused persons including the Fourth accused Major Ibrahim Abubakarr Bangura.
Regarding the Fifth Accused, Lt. Zainab Amara Suwu, the AG said she is the girlfriend of the First Accused Ordende, and she was added to the “Security Network Core” WhatSapp Group and other groups of top political officials by Ordende.
He said in that Group, Lt. Suwu promised the coup planners that she was going to be a spy in the Intelligence Unit of the RSLAF where she was working, thereby failing to report their subversive discussions, furthering that Suwu also deserted together with Ordende and went to Guinea where they were rearrested.
On the Sixth Accused, Corporal Mohamed Koroma, he described him as the Chairman of the “Kalamera” WhatSapp Group where they discussed plans to overthrow the government of Sierra Leone in an unlawful manner and that he helped to recruit most of the military personnel to join in the coup plot. He maintained that Koroma also attended the meetings in Freetown and Makeni together with other accused persons and he also went to Kabala to recruit more members. He said Koroma also deserted when the investigations of their subversive activities started.
He therefore asserted that the charges levied against the accused persons include mutiny, contrary to Section 37(1)(a) of the Armed Forces of the Republic of Sierra Leone Act, 1961 (Act No.34 of 1961), (as amended), failure to suppress mutiny, contrary to Section 38(a) of the Armed Forces of The Republic of Sierra Leone Act, 1961 (Act No.34 of 1961), (as amended), and desertion, contrary to Section 43(1)(a) of the Armed Forces of the Republic of Sierra Leone Act, 1961 (Act No.34 of 1961) (as amended).
In conclusion, the learned Attorney General pointed out that some of the accused persons in whose hands arms and ammunitions were entrusted for the security of the State and the people of Sierra Leone abdicated their sacred responsibilities by agreeing in various WhatSapp Groups to overthrow the Government of Sierra Leone in an unlawful manner.
He therefore urged the Judge Advocate and Members of the Board to carry out their sacred duty in determining the fate of the accused persons who were enlisted to serve, man and defend the country, but deliberately or negligently abandoned their duty calls as soldiers and instead turned away from the principles of good order and discipline.
He urged the Judge Advocate and Members of the Board to be impartial and not to be influenced by sympathy, affection and any other sentiment, noting that it is in the interest of justice, that their verdicts be confined to the evidence before the court martial.
Defence submission Lawyer, Ibrahim Bangura on behalf of the
2nd Accused Kabba and the 6th Accused Koroma acknowledged the operation of the WhatSapp Group called “Mature Group” but maintained that it was a social group and not a political one as suggested by the Attorney General.
According to Lawyer Bangura the Second Accused Kabba had left the jurisdiction because he felt his life was threatened but not to desert his duty, stating that his clients does not support any overthrow of a legitimate government.
Lawyer Ibrahim Macfoy on behalf of the First Accused, Ordende urged the Judge Advocate and Members of the Board to look at the case with an open mind and rely on the facts of the case, stating that there must be proof beyond all reasonable doubts and it has to be within the time alleged that the offences were committed.
On behalf of the Third Accused, Major Foday Sumana Kamara, Lawyer Kamara states that his client had no knowledge of the said WhatSapp Group, pleading with the Judge Advocate and Members of the Board to look at the case based on merit and using evidences presented before them.
On behalf of the Fourth Accused, Lawyer Kobber stated that decisions need to be taken rightly, noting that if it is done so fine; but that if it is done otherwise, it would bear terrible consequences that will affect the future, maintaining that justice has to be done and called on the Judge Advocate and Members of the Board to use their good consciences to arrive at justice.
Lawyer Kobber on behalf of the Fifth Accused, Lt. Zainab Amara Suwu submitted that his client is charged with four counts of mutiny, failure to suppress mutiny and desertion, but that inasmuch as his client is a girlfriend of the First Accused, Ordende, he asserted that she was added to the WhatSapp Group without her consent.
After these submissions on the matter, the Judge Advocate ordered for an adjournment of the matter to today, Tuesday, 22nd October, 2024 for the Prosecution to lead their first witnesses in evidence.
