By Janet A. Sesay

Major Patrick Abu Ordende Sesay (PAO) the first accused and Corporal Mohamed Koroma, 6th accused in the ongoing Court martial trial were on Wednesday, 12th February 2025 sentenced to a maximum jailed term of 75 years each by Judge Advocate, Mark Ngegba after they were found guilty on all the five count charges of mutiny, failure to suppress mutiny, desertion and other related charges by the President and members of the Court Martial Board.

The second accused, Major Juana Kabba and third accused, Foday Sumana Kamara, were also sentenced to a maximum jailed term of 60 years each on all four count charges of mutiny, failure to suppress mutiny and desertion charges they were standing trial for.

In the same vein, the 4th convict, Major Ibrahim Abu Bakarr Bangura and 5th accused, Lieutenant Zainab Amara Suwu were both sentenced to a maximum jail term of 50 years imprisonment each for the offences of mutiny, failure to suppress mutiny and desertion. Their sentences according to the Judge Advocate Mark Ngegba will run concurrently.

Prior to the judgment, the Judge Advocate, Mark Ngegba in his summing-up address to the President and Board members said each accused had pleaded not guilty to the various offences against them, recounting that they were arraigned on eight count charges of ranging from mutiny, failure to suppress mutiny and desertion.

”Let me take this opportunity to remind you all that you are free at any time to ask questions you wish to ask with regards to the facts and the law, and you are bound to apply the principles of law; and it is for you to access various witnesses and decide whether they were telling the truth and give your verdict, the Judge Advocate addressed the Board members, adding that it is for them to decide whether the points made by the defense were factual and applies fair standards, and not to judge on speculations.

The Judge Advocate reminded the Board that in cases like this, emotions will arise but urged them to act impartially, pointing out that the burden of proof rested with the Prosecution, adding that if there is any doubt, that doubt must be resolved in favor of the accused persons.

“If you are convinced by the evidence adduced in court, you should return a guilty verdict but if you are not sure, you are urged to return a not guilty verdict,” he cautioned the Board.

Whiles addressing the evidence adduced in court by the Prosecution, he noted that such evidence had come from witnesses and exhibits tendered in court, pointing out that the Prosecution called sixteen witnesses to prove their case against the accused and they were all cross-examined by the defense team.

He mentioned that at the close of the Prosecution’s case, each accused was selected to testify but that, they did not call witnesses.

Having recapped the testimonies of the sixteen witnesses and that of the accused persons to the Board members, the learned Judge Advocate stated that the voluntary caution statements of the accused persons were also tendered as exhibits.

Some of the accused persons in their testimony alleged that they were beaten, blind-folded and taken to Benghazi during the investigation, adding that the accused had also testified that most of the Prosecution witnesses were bribed by the Prosecution to come and testify lies against them.

Speaking on the issues of law, the Judge Advocate maintained that he had taken his time to go through the entire evidence led by both sides to refresh their minds whiles making their decision.

The Judge Advocate also recalled that few of the accused had raised issues in respect of the presence of prosecution lawyers at the CID to interfere with the investigation, but went on to note that in  law it is not prohibited.

On the issues of circumstantial evidence, the Judge Advocate stated that in any instance where fact from which the existence and non-existent of evidence may have occurred during the trial, the use of circumstantial evidence in finding the accused guilt must be mentioned, while reminding the Board that they are at liberty to determine which witnesses to believe or not.

He ordered the Board members in their liberty to go and deliberate on the evidence and to return with their verdict.

Coming from their deliberations, the President of the Board, Colonel Samuel M. O. George declared that all the six accused will face verdict for their subversive activities, stating that  having carefully listened to the closing remarks of both the Prosecution and the Defense and the  rest of the corroborative and non- corroborative arguments and the statements and testimonies of the accused, the decision reached is unanimous in relation to the charges and the evidences adduced and that they were returning a guilty verdict on all the six accused persons on all eight counts related charges of mutiny, failure to suppress mutiny, desertion and other related counts charges. In summary, this is how Colonel Samuel M.O. George summed up their unanimous decision in respect of the accused:

The first accused, Major Patrick Abu Ordende Sesay alias PAO was charged with five counts charges ranging from mutiny, failure to suppress mutiny and desertion and that he is found guilty on all five counts.

The second accused, Major Juana Kabba was found guilty on four counts charges of mutiny, failure to suppress Mutiny and desertion,

Major Foday Sumana Kamara is also found guilty on four counts charges of mutiny, failure to suppress mutiny, desertion and other related counts.

The 4th accused, Major Ibrahim Abu Bakarr Bangura was also found guilty on the four counts charges of mutiny, failure to suppress mutiny, desertion and other related charges he was arraigned for.

Lieutenant Zainab Amara Suwu the only female officer amongst them is found guilty on four counts of ranging from mutiny, failure to suppress mutiny, desertion and other related charges, and the 6th accused, Corporal Mohamed Koroma was found guilty on five counts of mutiny, failure to suppress mutiny and desertion.

After the guilty verdicts were pronounced by the President of the Board, Lawyer Ibrahim Bangura, Counsel for the second and six accused, in his plea mitigation pleaded with the Judge Advocate and members of the Board to tamper justice with mercy pointing out that as army personnel, they have served the army diligently with no antecedents and without blemish.

He urged the Judge Advocate to take cognizance of their good character during the trial, noting that the second accused is a family man and the bread-winner of his family, and that he had served the army for over 18 years, unblemished. He pleaded with the Bench to caution and discharge the accused. Regarding the 6th accused, he noted also that he too has served the army diligently with no antecedent or criminal record, adding that he has a wife and children who are school-going kids and prayed for the most minimal sentence.

Lawyer Yankay Kargbo, Defense Counsel for the 3rd accused, Major Foday Sumana Kamara said the Major is a first-time offender who has served the army for 18 years and has been loyal to his duty. He said the accused has no bad record whiles serving the army and if sentenced, will affect his family.

Defense Counsel J.K. Kobba for the 5th accused, Lieutenant Zainab Amara Suwu pleaded for justice to be tampered with mercy.

Lawyer S. Elleamoh in his plea mitigation for the 4th accused, Major Ibrahim Abu Bakarr Bangura said he had served the army diligently for 18 years and was well behaved throughout the proceedings, adding that the accused is a married man with children and has always been remorseful.

The first accused, Major PAO Sesay in his alocutus said whiles he was coming up, he admired Magistrate Ngegba that was why he studied law. “I gave up my best in serving this country and I honoured President Bio when he became President and had dedicated my life to serving this country with deployments in Somalia for 22 months, and I am here today, in this court, convicted. I have put on defense according to the law, but that does not mean I do not make mistakes,” he pleaded in tears. According to him the one who motivated him to study law is the one now convicting him, noting that he never intended to overthrow President Bio as he has been framed.

“I plead with you to pity me for I have suffered a lot. I was never giving the opportunity to study law. I am not a bad person; so please tamper justice with mercy on me; if not for me but for my being an orphan. I humbly ask God to have mercy on me,” PAO cried.

The second accused, Major Juana Kabba also in his alocutus pleaded for mercy noting that he was not a member of the Calamera or Security Whatsapp group.

Major Foday Sumana Kamara in his alocutus said he came to the military at age 23 and now he is 43 and throughout his service he said he has had no bad record and therefore pleaded with the Judge Advocate and members of the Board to show mercy.

Major Ibrahim Abu Bakarr Bangura also informed the court in his alocutus that he is not a bad officer, noting that he has a wife with seven children.

“I have been convicted but I am not a criminal. I am at your mercy, so please tampered justice with mercy,” he begged.

Lieutenant Zainab Amara Suwu in her alocutus said she is the only female child to her parent who came to serve the army with good conscience. She said she is a human and liable to mistakes and therefore pleaded with the Judge Advocate and members of the Board to tampered justice with mercy on her.

“It was first lady Fatima Bio that gave me job. I never wished to be charged to court, please have mercy on me,” she pleaded.

The 6th accused, Corporal Mohamed Koroma in his alocutus told the court that he has served the army for 25 years and had worked with many Commanders including the President of the Board. “I am an illiterate and have seven children and two wives. Please tamper justice with mercy on me for the sake of my family. I am their only bread winner,” he cried.

The Lead State Counsel, Lawyer Joseph AK Sesay in reply, acknowledged they have no antecedents on all of the convicted accused persons, but that they rely on the discretion of the Bench.

The State Counsels that prosecuted the matter were: the Director of Public Prosecution, O. .I Kanu, Lawyer A.J.M. Bockarie, Lawyer Joseph A.K. Sesay, Lawyer Williams, Colonel Serry, Colonel M.B.S. Kamara, Colonel Lusenie, Major Gabber, and Captain Yainkain Kamara.

Whiles the Defense Counsels included: Lawyer Ibrahim Bangura, Lawyer Hassan Kamara, Lawyer J. Kobba, Lawyer L.J. Kamara, Lawyer S. Elleamoh, and Lawyer Yankay Kargbo.

The convicted accused persons are as follows: Major Patrick Abu Ordende Sesay, Major Juana Kabba, Major Foday Sumana Kamara, Major Abu Bakarr Bangura, Lieutenant Zainab Amara Suwu and Corporal Mohamed Koroma.

These convicted accused were members of the group of military personnel who were declared wanted in connection with the subversive activities between 23rd June and 29th July 2023, following the re-election of President Julius Maada Bio.

During the investigation into the said subversive activities, the 3rd, 4th, and 6th accused persons escaped from being arrested but however the 1st, 2nd and 5th accused persons were arrested and detained at the country’s custodial facilities. In the wake of the November 26th 2023 failed coup, the 1st, 2nd and 5th accused escaped from the said custodial facilities and joined the assailants.

However, sometimes in May 2024, the 6th accused was captured in his hometown near Mile 91 in Tonkolili District and a month later, the 1st, 2^nd, 3rd, 4th and 5th accused persons were re-arrested in Guinea and extradited to Sierra Leone.

On the 17th October 2024, all the six convicted accused were arraigned before a Judge Advocate and seven Board Members for eight counts of mutiny, failure to suppress mutiny and desertion, to which  all of them had pleaded not guilty.