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In a dramatic turn of events this week, former President Ernest Bai Koroma (EBK) found himself facing charges of treason, misprison of treason, and harbouring. As the legal proceedings unfold, it becomes imperative to scrutinize the inherent risks embedded in prosecuting a former head of state, especially in Sierra Leone’s delicate political landscape.
The Abolition of the Death Penalty Act 2023 amended Section 3 of the Treason and State Offences Act, 1963 and makes treason punishable by life imprisonment. This sets the stage for a high-stakes trial. The gravity of the charges has led prominent figures, such as BBC’s Umaru Fofana and defence lawyer Joseph Fitzgerald Kamara, to express concerns about uncharted territory and the potential establishment of a dangerous precedent.
As the nation grapples with the complexities of this legal crossroads, the pivotal question that arises is – Does indicting a former president for treason, hypothetically assuming there is evidence beyond a reasonable doubt (without confirming its existence), serves the paramount interests of peace and national security?
It is crucial to acknowledge that accountability knows no exceptions, even for former heads of state. However, the timing and context of such proceedings are paramount, particularly when public opinion and perception are shaped by the political affiliations of those involved. The decision to pursue prosecution, especially for charges as serious as treason, demands careful consideration.
Irrespective of the allegations against EBK, the public’s reception will undoubtedly be partisan. Opposition factions may perceive it as a politically motivated move, while government supporters may praise it. This division has the potential to exacerbate existing discontent in a country grappling with economic challenges and a pervasive drug epidemic.
Moreover, historical context adds complexity to the situation.
In the current climate of unprecedented institutional mistrust, the independence and credibility of Sierra Leone’s institutions, including the judiciary, the police and prosecutors, are under scrutiny. The perception that these entities may be used as political weapons deepens the public’s lack of trust in the criminal justice system. The presence of the Attorney-General and Minister of Justice in the cabinet adds another layer of concern, potentially compromising the perceived independence of the prosecutor.
The danger lies not only in the courtroom but also in the court of public opinion, which social media amplifies. The highly polarized environment may turn the trial into a spectacle, with accusations of political witch hunts dominating the narrative. In this scenario, social media becomes the de facto prosecutor, judge, and jury, contributing to the polarization of the nation.
Given the current lack of public confidence in institutions and lingering doubts in some quarters about the authenticity of the alleged coup attempt, the government’s priority should be to rebuild trust in the system. Only when confidence is restored can the government undertake high-profile trials without the shadow of political motivations.
Proceeding with the trial carries substantial costs for the government, businesses and the people as the country would be embroiled in a lengthy legal battle. Imagine blocking off central Freetown every week for months for a trial and appeals all the way up to the Supreme Court. This distraction from the government’s stated Big Five priority goals and the risk of further dividing the nation call for a measured approach that prioritizes unity and reconciliation.
The precedent set by prosecuting EBK could have far-reaching consequences, ushering in a cycle of political prosecutions and vengeance that may haunt Sierra Leone for decades. Drawing lessons from international examples, it becomes clear that cautious decision-making is essential to avoid triggering street protests and political turmoil.
Assuming evidence beyond a reasonable doubt exists, prosecution is not the only avenue to resolve the current political impasse. Alternative measures, such as self-imposed exile, as proposed by ECOWAS, may be a swifter, cost-effective, and less impactful. To ensure accountability could be followed by an independent impartial international investigation. Balancing the pursuit of justice with the potential costs and risks associated with prosecution is essential for fostering a thoughtful and prudent approach to this complex situation.
The perils of prosecuting EBK demand careful consideration of the broader implications for peace, unity, and national security. As the legal proceedings unfold, it is crucial for government to tread cautiously, prioritizing the rebuilding of public trust in institutions and seeking alternative avenues for accountability. Only through a thoughtful and measured approach can the nation hope to navigate these treacherous waters and emerge stronger on the other side.
Whatever the consequences, our laws must not be compromised
This damage control is unstoppable now,and this political vendetta precedent will hunt the SLPP for long time to come.This could be a political suicide for the SLPP,the SouthEast does not the number to win elections,.So,if the APC strategies to hold on to power for long time and applied the South Africa pattern of democracy, then the I see the SLPP into another political limbo.
No one is above the law
The man must dance to his music.
For what so ever a man sow that’s what he shall ripped
Here is where we want maada ,and sylvia ,victor Foday have disgrace him.
Let us just wait and see the end of the movie.
There is nobody that is superior/above the law of this land.
What about the inherent possibility that former presidents could stage coup and if Koroma is let go then the others should not be prosecuted as well. Is that the precedent we want to set? It will be good to know you response to my question.
Thanks.
Exactly and in prosecuting a former president there must be irrefutable evidence but we see non of that ….and the government is withholding information from the public as far as we are concerned he is being accused of treason based on his relationship with the perpetrators which is absurd. Putting that aside this will start a spiral of political vengeance that will eventually lead to another civil war or possibly a tribal war.but I think the government of the day is shortsighted only looking at present gains neglecting the future
I read here a garbage of political manipulations and a hide-and-seek advocacy to protect a kindred.
Sierra Leoneans are presently far above the Animal Farm mentality if scaring the masses with the return of Farmer Jones. His presence has been conspicuously felt all this while to the point that we all unquestionably conscious that the best thing now is to do the right thing.
Public opinion has always been on a pendulum swing in this country; so it shouldn’t be the measure at this moment but respecting the rule of law.
When did treason trials become a selective process in this country? Let the rule of law prevail; wherever the evidence leads, ensuring due process, let justice prevail…the worst thing this government will do in this treason trial is to overtly insult it’s citizens that some animals are more equal than the others.
You cannot compare estimated economic damage of the trial to what the August 10 and the November 26 political wrongs have already had on our economy. Let the constitution remain supprime.
Indeed the laws of our land should not be compromised no matter how power the person is if he is found wanting. We have seeñ treason trials in this country without any protests or fight. So please stop insinuating and don’t fan the flame of another civil war. We aren’t prepared for that
This is utter rubbish. I can’t even bring myself to reading it. A man who financed and supported bringing down another ammaggedon on Sierra Leone like his cousins Foday Sankoh and Johnny P Koroma did. There are no perils as a backlash of facing the law. Let his gullible supporters continue to fan the tribal card; it cannot intimidate well meaning Sierra Leoneans this time round. We have no tribalism in this country. God to my village now, Limbas are marrying Mende girls and their children don’t even speak their fathers language. They only play tribal when in the wrong to evade justice.
All this write up is not necessary because your opinion is not matter others have been changed and lives have lost they should have considered all this factor before acting
It is very unfortunate for these commenters to make mentioned of tribal war Sierra Leone is a country of law.we have our constitution . Have we all forgotten the 14years civil war .this war affected every tribe of this country. The December 14 coup took peace civilians lives if trying EBK means that you people will bring tribe war ,go ahead and bring that war.
EBK is not above the Law The Law is Law and it the constitutional responsibility to protect lives and properties of every Sierra Leoneans.
What a garbage! The laws of this land are Supreme and they must prevail in this case. EBK is not above the law. He should go and defend himself. Stop spreading nonsense and soliciting pardon on his behalf. What do you will have happen to the other suspects if Earnest Koroma is allowed to go free? Should they be allowed to go free as well because what is good for the goose is also good for the gander. What sort of precedence do you guys want to be set in this country? Is this the first time we having treason trials? What about those that were tried and killed in the past because of treason, were they not humans or prominent figures in the country? No amount of threat or propaganda will set EBK free. He must face the full force of the law if he is found guilty and if this government try that nonsense that is coming from ECOWAS, they will to regret it for the rest of their lives. Let the laws of the land prevail.
What this yenta is yapping about is to poison the atmosphere in the country. Her past commentaries do not qualify her as an honest advocate of peace. What can calm the current situation is for Ernest to make a public confession and ask Sierra Leoneans for forgiveness. This is what this gossipy lady should advocate instead of muddling the waters
Ignore basita she was and maybe still be on his pay list. Is she aware that Minah and coincidentally momoh both both part of the presidency underwent treason trials and the law of the land found Minah guilty and was killed. My sister if no tribal or street protest took place back then why now but again we know your records how you have been playing the red cards
I think the question should be why is EBK in the net not Dr Samura who have been making tribal comments and at once said if we the people of Sierra Leone vote Maada, they will make the country ungovernable. So if they never invite Dr Samura but EBK, I think it because he is found wanting. Let put tribe out of this and let the law take it cause.