By Janet A. Sesay
Justice Alhaji Momoh Jah Stevens of the Freetown High Courts has on Monday 24th March, 2025 sentenced Alie Badara Kanu and Thaimu Bangura to One Hundred and Twenty years imprisonment each after twelve empaneled jurors passed a verdict of guilty against them for the offenses of treason and misprision of treason.
The convicts, Alie Badara Kanu and Thaimu Bangura were before the court on two count charges of treason contrary to Section 3 (1) (a) of the Treason and State Offences Act 1963 Act No.10 of 1963 as repealed and replaced by the Treason and State Offences Amendment Act 1963 Act No.21 of 1963 and misprision of treason.
The indictment stated that the convicts on a date unknown between 24th June 2023 and 29th of June 2024 in Freetown prepared to overthrow the Government of Sierra Leone by unlawful means.
The indictment furthered that the convicts on a date unknown between the 1st January and 16th April 2024 in Freetown well knowing that Captain Senesie, Captain John Conteh alias Caesar and other persons unknown had prepared to overthrow the Government of Sierra Leone by unlawful means, unlawfully concealed the said information.
Defense Counsel S. Turay on behalf of the first convict, Alie Badara Kanu in his closing address to the court noted that his client stands charged with two count charges of treason and misprision of treason. He described treason as an act of overthrowing a Government of a State, pointing out that it was on that basis that the Prosecution presented his client as “an enemy of the State”.
Counsel Turay further in his address stated that there is no evidence before the court that suggests that his client committed the said acts, adding that the Prosecution never gave any evidence in court that his client, Alie Badara phone showed that he was a member of the WhatsApp Group planning to overthrow the Government, but yet they brought him to court.
He maintained that his client was dismissed from the military and the mechanism which they used to dismiss his was that he was part of a WhatsApp Group that was planning to overthrow the Government of Sierra Leone.
He pointed out that the Cyber Officer Inspector Mohamed Jusu in his testimony did not state anything before the court that suggested that his client was operating a WhatsApp Group.
He said Badara when his client was being dismissed from the Force, he handed over everything which shows that he had no intention to overthrow the Government.
Defense Counsel Turay further pointed out that there is no evidence before the court proved that his client Alie Badara purchased weapons or attended a meeting to overthrow the Government but yet, the Prosecution kept pushing that he committed an offense.
He furthered that Alie Badara was arrested on the 16th of April 2024 and was charged to court on the 29th July 2024 which means that there was no way he could have been in prison and busy planning to overthrow the Government.
Counsel Turay said the Prosecution had the duty to prove their case beyond reasonable doubts that the convicts committed such offense.
He said the rock of the allegation is that the accused persons operated a WhatsApp Group to overthrow the Government but yet the Cyber Officer did not prove anything pointing to that evidence. He therefore pleaded that the Judge dismisses his client as he has no case to answer before the court.
- Sunders, on behalf of the second accused, Thaimu Bangura adopted the closing address of his colleague, Counsel Turay adding that his client, Thaimu Bangura in his statement said he was born in Moyamba and the police wrote in his statement that he was born in Moriba Town in Waterloo which shows a clear biasnessand questioned how could they have changed the place of birth of somebody without his or consent
He furthered that the Prosecution did not bring forward any telecommunications company to show that the number they presented before the court belonged to his client.
He said the Prosecution failed to prove their case beyond reasonable doubts and that the accused persons should be acquitted and discharged.
In reply, the State Counsel, Yusuf Isaac Sesay maintained that the Prosecution did levy sufficient evidence against both accused persons. He pointed out that the testimonies of all the witnesses had confirmed before the court that both accused persons were in a WhatsApp Group and they attended meetings in which they were planning to overthrow the Government. He added that the convicts made confessional statements to the police on the allegations levied against them.
Counsel Sesay closed his submission on the point that the Prosecution had proved their case beyond reasonable doubts against the accused persons.
After closing the closing addresses of the Prosecution and Defense Counsels, Justice Stevens went ahead to give his summing up address.
In his summing up address to the Jurors, Justice Stevens say treason is the plan or action to overthrow the Government. He said the statements of the first accused Alie Badara was a confessional statements noting that in his statement he maintained that he was communicating with Captain Senesie and in his statement he talked about how the perpetrators of the November 26 coup used RPGs for heavy military targets.
The learned Judge furthered that confessional statements have no two ways, adding that it is like pleading guilty of what you are accused of.
He said the second accused Thaimu Bangura in his statement used a word “kick the bucket” which has no other meaning than death. He said this is also an indirect confessional statement and once a person makes a confessional statement no further evidence is required.
Address the Jurors further, the learned judge explained that it is most elementary in law that once a person made confessional statement it simply means the person has pleaded guilty.
He said after confessional statements, the Prosecution ought not to have even brought witnesses before the court, adding that once confession is made the law is settled.
He further addressed the Jurors that the only second ambit left for the accused in such a circumstance is plea mitigation and their allocutus.
At this juncture the Jurors retired to their Chamber to deliberate on the evidence before the court.
On their return the Jurors returned a verdict of guilt against the two accused persons.
In their allocutus, the first accused, Alie Badara Kanu pleaded with the Judge to temper justice with mercy on him saying he is a family man.
The Second accused, Thaimu Bangura also in his allocutus pleaded with the Judge to temper justice with mercy on him, adding that he has no intention to overthrow the Government.
Defense Counsels S. Turay and E. Sunders also pleaded with the Judge to temper justice with mercy on their clients, adding that they are family men and breadwinners of their respective families.
Justice Alhaji Momoh Jah Stevens however sentenced each of the accused persons to a jail term of One Hundred and Twenty years each (120) and the sentence should run consecutively.