By Janet A. Sesay
The Judge Advocate at the court martial, Mr. Mark Ngegba, and the President of the Court Martial Trial, Colonel Lawrence K. Jabati have on Monday, 25th March, 2024, sentenced Staff Sergeant Alhaji Koroma of 11th Battalion to thirty (30) years imprisonment as he pleaded guilty to nine counts charges before the court.
Staff Sergeant Alhaji Koroma pleaded guilty to the offences of conspiracy to commit mutiny, mutiny, failure to suppress mutiny, aiding the enemy, communicating with the enemy, stealing public service or property and conduct to the prejudice of military discipline.
The president ordered that the sentence should run concurrently.
Before delivering the judgement, Judge Advocate Mark Ngegba informed the court that they looked into the plea mitigation made by the accused, his lawyer Jesse Jengo, including the response made by State Prosecutor Joseph Sesay regarding the seriousness of the offences.
He said he and the Board Members deliberated and during their deliberation they came to an agreement after which he handed over the sentence to the president of the court martial, which sentence he subsequently handed down.
President Colonel Jabati before delivering his sentence said 27 (twenty-seven) accused persons were arraigned before the court martial on 88 counts charges bordering on the failed 26th November, 2023 coup attempt.
He said on 4th January, 2024, the court commenced a sitting and on Wednesday, 10th January, 2024, the preliminary trial started and Staff Sergeant Alhaji Koroma pleaded guilty to nine out of the twenty counts charges levied against him.
He said Judge Advocate Mark Ngegba and the Board thought it fit to drop all other charges since Koroma had pleaded guilty to nine out of the 20 (twenty) counts charges.
Colonel Jabati furthered that although the accused pleaded guilty to the nine counts charges he deserved a severe punishment according to law, adding that administrative actions will be taken by the appropriate superior authority.
Nonetheless, he said the court recognised and appreciated his honesty for the fact that he did not wasted the court’s time, adding that he is entitled to leniency and will be awarded with the jail term that does not lose sight of the gravity and seriousness of the offences committed.
‘By the authority vested in me as the president of the court martial, I now pronounced the following sentencing; on count one, which is conspiracy to commit mutiny, the accused is sentenced to 30 years imprisonment. On count two, mutiny, 30 years; counts 10, failure to suppress mutiny, 30 years; count 11, aiding the enemy, 30 years; count 18, communicating with the enemy, 30 years; count 30, stealing of service property / public property, 1 year imprisonment; count 42, stealing of service property, 1 year; and count 50, conduct to prejudice military discipline, 1 year imprisonment, all to be run concurrently and subject to confirmation of the appropriate authority,’ he ruled.
The convict Staff Sergeant Alhaji Koroma in his plea mitigation before sentencing pleaded for mercy and said he was used by people.
The convict pleaded for forgiveness and said he should be given another chance, adding that he enrolled into the army in 1992 and had served the army for the past 29 (twenty-nine) years.
He beg his wife for forgiveness and said that if his children asked of him he should tell them the journey he took has started, begging his wife to look after his kids.
Before making his plea mitigation, Defense Counsel Jessie M. Jengo in his plea mitigation on behalf of the convict stated that his client pleaded guilty to nine counts charges and would like the court to temper justice with mercy on him.
He added that the convict joined the Armed Forces at the age of 22 to protect the nation and now he is 51 years old.
Lawyer Jengo furthered that the convict had diligently served the army for the past 29 years before the incident occurred, revealing that he had no formal education except his military education and has been loyal to the nation.
He said to show that the accused was doing his work diligently he worked with one of the Board Members, Mr. Deen Sesay, and got his first promotion to corporal. He later became a disciplined sergeant, which speaks to the fact that he had been a conformist.
His client he said is human and mistakes are inevitable, adding that when his trial started, he stood up and wasted no time to plead guilty even when he was informed of the penalty.
He said his client is a man who believes that only the truth can set him free.
Lawyer Jengo furthered that the 26th November, 2023, incident has left many children fatherless, adding that it is inevitable that every man will die but said no one will want to die the way others did on that day.
He continued that his client’s level of education was low and he took command from other people, adding that it was this same command he took from certain people until he reached this stage. He said they are not happy as it could have been anyone.
The defense lawyer said whatever the judge did today will help the accused in taking care of his children. The accused he said is a layman who was just trying to be loyal, which has landed him where he is, adding that he has 11 (eleven) kids and other dependents who look up to him.
He said as citizens of the nation we should always make sure that the state is in unity and that it succeeds, adding that if the nation succeeds our children will be able to go to school and learn.
In this circumstance, he pleaded with the Board and Judge Advocate to look into that while passing his judgement. He went on that as citizens of the nation we must play our part to ensure that the nation is always safe.
‘Your Lordship, in 1992 during the war when many fled the country, my client was here defending the nation and if another chance is given to him even if he did not serve the military anymore, he will be able to teach his children what is right or wrong,’ lawyer Jengo stated. ‘The Members of the Board, the Judge Advocate, the practitioners who represent the other accused persons are liable to commit mistakes but we have a duty to right our wrongs and nothing lasts forever except changes from God,’ he added.
Lawyer Jengo in addition, said they are all government of the nation and should ensure that the nation succeeds.
‘From dust we all come and to dust we shall return,’ he reminded.
Lawyer Jengo in conclusion said if his client was set free he will be given an opportunity to join his family so that his family will not fail. He noted that many families have failed, which is why they are in the position they are today.
He said when the accused pleaded guilty he took his leave until he was consulted, adding that a softer sentence will communicate to the world that the Judge Advocate and Board Members are magnanimous even though the offenses are serious.
He, however, pleaded with the Judge Advocate and Board Members to tamper justice with mercy, adding that laws on earth were made by men and must be interpreted by men, calling for them to leave the accused to his conscience.
State Counsel J. A. K. Sesay in response to the plea mitigation made by lawyer J. M. Jengo said the offences for which the accused pleaded guilty are very serious and therefore craved the indulgency of the Judge Advocate and Board Members to take the serious nature of the offences when considering judgement.
He said even though the accused is entitled to mercy that should not take away the purpose for which the court martial was created as he has been convicted for a most serious offense created under the law.
He said while the judge may want to consider any issue of mercy such sentiments should not be placed above the sanity of the country, adding that it is not enough to go against the duty sworn to protect the state and expect to get a lesser sentence.
Lawyer Sesay added that the accused should have considered his 29 (twenty-nine) years in service before committing such an offence, noting that the court martial cannot close its eyes on such offences because the accused is one of their own when executing their duty.
He urged the Judge Advocate and Members of the Board to exercise their duty judiciously when sentencing the convict, stating that such should not be repeated in the future and that the punishment should reflect the serious nature of the offences so that it will send a stronger message to the world that Sierra Leone will not tolerate such crimes.
He submitted that sentencing the accused will not take away their sense of humanity but will rather strengthen the rule of law and what Sierra Leone stands for.