By: Musa Paul Feika
A barrister and active member of the All People’s Congress (APC), Lawyer Musa Beretay has stated that criminalizing political utterances will significantly limit political participation in Sierra Leone.
He made this assertion following the detention and subsequent remand of the APC Secretary General, Lawyer Lansana Dumbuya, at the Pademba Road Remand Home in Freetown.
Lawyer Beretay was speaking during an interview on Amaza TV’s political programme titled “Political Round Table,” a platform designed to discuss issues relating to Sierra Leone’s political landscape, particularly as the country prepares for general elections expected in 2028.
Lawyer Beretay explained that the statement made by Lawyer Dumbuya during the party’s mammoth meeting held in January at the Attouga Mini Stadium in the eastern part of Freetown was purely political in nature.
According to him, such statements fall within the realm of political expression and should not attract criminal prosecution.
Deliberating on the matter, Beretay described the detention of the APC Secretary General as an abuse of process. He emphasized that political utterances should not be criminalized, arguing that politics by its nature involves strong opinions, passionate expressions, and heightened emotions, particularly during rallies and party engagements.
“Political utterance is not something that should be criminalized. That is the more reason we have the Political Parties Regulation Commission (PPRC) to address such matters,” he stated.
When asked by TV presenter as to why he believed Lawyer Dumbuya’s statement should not have been criminalized, Beretay responded that political activities often generate high spirits among party supporters and officials.
“If you criminalize every political utterance of a politician, you will end up bringing a lot of criminal actions against many people who are actively engaged in politics,” he said.
He warned that such actions have the tendency to discourage political participation, as individuals may become fearful of engaging in political discourse or activities due to the risk of criminal charges being brought against them.
“It will limit political participation. Therefore, political utterances should not be criminalized,” he emphasized.
In addition, he further argued that even within the PPRC Act, there is no specific provision that criminalizes political utterances. He maintained that the detention of Lawyer Dumbuya amounts to an abuse of due process, particularly when a regulatory body already exists to handle disputes and infractions relating to political conduct.
According to him, the statement made by the APC Secretary General was a political opinion based on what he described as factual concerns. He contended that both national and international observers had raised issues regarding the outcome of the 2023 general elections, arguing that the results did not fully reflect what transpired on polling day.
He maintained that Lawyer Dumbuya was not alone in expressing such views, noting that credible election observer institutions, both within and outside Sierra Leone, had made similar observations.
“Lawyer Dumbuya’s statement was a mere political statement. Everybody has a right to his or her opinion, and his opinion was based on facts,” he said.
Beretay recalled that the PPRC had already levied a fine against the APC over the statement. He disclosed that when the party initially delayed in paying the fine, it was suspended from political activities for a few hours.
“As a party that believes in peace, we paid the fine to prevent chaos in the country. The party humbly paid the fine despite the circumstances,” he explained.
He reiterated that the APC believes in dialogue rather than violence, stressing that Sierra Leone has endured significant hardship in the past and must avoid actions that could plunge the country back into instability.
“We need dialogue. Sierra Leone has suffered for far too long,” he said.
From what he described as a political lens, Beretay characterized the remanding of the APC Secretary General as a bad signal for the country’s democratic space. He noted that, to his knowledge, it is unprecedented in Sierra Leone’s history for the Secretary General of a major political party to be sent on remand over what he considers a political utterance.
“Not to my knowledge has a criminal action been brought against a political party Secretary General in this manner,” he stated.
He reiterated that the PPRC was established to regulate the conduct of registered political parties and their members; pointing out that administrative sanction such as fines or suspensions should suffice where necessary.
“In a political arena, everybody has a right to his or her opinion, and those opinions should be respected. When you start trampling on others’ opinions, it may lead to something else,” he cautioned.
Citing the 1991 Constitution of Sierra Leone, Beretay stressed that freedom of expression is a fundamental right guaranteed to every citizen. He expressed concern about the broader implications of prosecuting high-ranking opposition figures for political statements.
“I am afraid of where we are heading as a country if a head of a major political party is subjected to criminal proceedings for his political expression,” he remarked.
He also expressed concern about the potential impact of the remand on the APC’s upcoming lower-level or zonal elections. As Secretary General, Lawyer Dumbuya serves as the administrative head of the party.
Although he has reportedly delegated his authority, Beretay believes his absence poses challenges to the party’s operations.
He affirmed that the APC will proceed with its lower level elections but argued that the magistrate should have granted bail, noting that Lawyer Dumbuya is a legal practitioner of high standing and not a flight risk.
“There is no evidence that he will interfere with prosecution witnesses. Granting him bail would have allowed him to continue running the affairs of the party,” he said.
Beretay further argued that, for a democratic system to function effectively there must be a strong and effective opposition.
“Remanding the APC Secretary General will not help the country’s democracy. It will not at all,” he concluded, adding that the charges brought against him are misdemeanors and not felonies.
Meanwhile, Civil Society Activist Mr. Ibrahim Sorie Dumbuya also made contributions to the debate from a civil society perspective, offering further reflections on the implications of the matter for Sierra Leone’s democratic governance.