On April 26, 2022 Mohamed Mansaray, aka Blacker or Blacka, was arrested by police officers attached to the Criminal Investigations Department (CID), Many were shocked and appalled at this news, and it got worse. He was charged with a businesswoman, Kadiatu Yankaday, with one count of public insult and provocation contrary to section 2 of the Public Order Act of 1965 .

They were arraigned before Magistrate Rashid Jalloh at Magistrate Court No 4 at Pademba Road, Freetown. According to the charge sheet, it was alleged that on diverse dates between January 1 and April 23, 2022, in the presence of Mohamed Fofanah, the accused persons made insulting remarks against President Julius Maada Bio with the intent to provoke him to commit a breach of the peace. Both accused pleaded not guilty to the offence. Blacker’s lawyer, Charles Pujeh Esq. made an application for bail and informed the Court about Blacker’s mental health, and it fell on deaf ears. He was remanded to the maximum security prison at Pademba road There was a huge public outcry, especially on social media. People condemned the decision of the government-the police are part of the government to arrest and charge a mentally ill person. Jamie Yaya Barry stated on Facebook. The system has failed us and those responsible for this must bow down in shame, that’s if they have any left Algassimu Manama Bah, on Facebook, wrote, ‘Allah, our Creator, does not hold the mentally challenged for failing to obey Him. How then can anyone arrest such a man for words that he uttered in a in a country that he uttered in a country that supposedly prides itself with freedom of speech and democracy? the system has failed # Blacka!”

Opposition lawyer Ady Macaulay opined on Twitter, ‘And on top of that they, Sierra Leone Police, managed to arrest and detain popular mentally challenged man called. Blacker for allegedly insulting @presidentBio. The question is between blacker& the police that arrested him, who should be be sanctioned to a psychiatric home?

Mohamed Blacker Mansaray has been
roaming the street of Freetown for over ten years. Known by his original name, papani, Blacker hails from the Granny Church area of Wellington. Although he has not been officially diagnosed, it is believed that he is suffering from schizophrenia – a serious mental disorder that affects a person’s ability to think, feel, and behave clearly. Schizophrenia may result in hallucinations, delusions, and extremely disordered thinking and behavior that impair daily functioning and can be disabling. People with schizophrenia require lifelong treatment, and early treatment may help get symptoms under control before serious complications develop and may help improve the long-term outlook. As a result of his illness, Blacker has, over the years, wielded a knife to threaten people to give him money. To the best of my knowledge, he was never charged for this more serious offence. He is also known for barbing the hair of other mentally ill.

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In recent times, when given money, he says anything that comes to his head about the politics in the nation. In several videos shared on social media, he has supported and attacked the current government as well as the past government of Ernest Bai Koroma in equal measure. ‘Fatima Bio dae cook de pa dae dish,’ he once said.
He also hailed President Bio for refurbishing the Kissy Psychiatric Teaching Hospital. There are unverified reports that Blacker has been taken to the Kissy hospital several times but, he always escapes. The law is clear. Section 71 of the criminal procedure Act 1965 provides:

“(1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. Before or immediately upon the conclusion of this period the Chief Medical Officer shall cause a report on the condition of the accused or the defendant signed by two registered medical practitioners (which reports may, if such be the case, indicate that the practitioners who signed the same hold different opinions to the as accused’s mental state) to be sent to the Court, which shall forthwith, after considering the report and taking such further evidence as it shall consider necessary, make a finding upon the state of mind of the accused. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the Court may appoint in that behalf. (4) If the case is one in which bail may not be taken, or if sufficient security is
not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order.” Upon his arraignment, whether he is told or not about the accused’s mental illness, the presiding magistrate should have directed that he be subjected to a psychiatric examination to see whether he was fit to plead. If he is incapable of putting forward a defence and working with his lawyers to do so, the case should not have proceeded. Several legal authorities note that a person will be found capable of standing trial where he is able to do one or more of the following: (1) understand the nature or object of the proceedings in the sense that he is able to understand that he is in a courtroom, recognize the people in the courtroom are (ie., the judge, the State Attorney, his advocate) and why they are there; (ii) understand the possible consequences of the proceedings, i.e.. to understand what he is charged with, what kinds of pleas he can enter (l.e., guilty or not guilty), what can happen to him if he pleads guilty, or what can happen if he doesn’t tell the truth in Court; (iii) communicate with his advocate in the sense that he is able to take part in his own defence and tell his advocate, even in basic terms, what he wants to do with his case. Case law from the English Commonwealth also states that the test for fitness to stand trial only requires that the person has a basic understanding of their legal problem. The test is not whether they actually know their  legalituation but whether they are able to understand the concepts involved and communicate the basic facts about their case. It is whether the accused is able to understand and plead to the indictment against him, and whether he would be able to take an effective part in the trial. It is for the Court to decide this, not the doctors: “the medical evidence should be considered as part of the evidence in the case and not as the sole evidence on a freestanding application.

Blacker was later acquitted and discharged because of the failure of the witnesses to turn up to give evidence against him at his trial. He gave a ‘press conference’ with his lawyer in which he was mostly incoherent. He was later seen in a hospital – not the Kissy Hospital – allegedly receiving some treatment. He is back on the streets again hustling for money. Arresting, charging and locking up Blacker was unfortunate and shameful. The Sierra Leone Police, like most people in Freetown, know he has mental challenges. They did not try to address that instead, they held him for comments deemed to be critical of the President of Sierra Leone. Because he has mental challenges does not mean he is not human. It does not mean he has lost his human rights or dignity. His arrest says a lot about us rather than about Blacker. Like many, I query the sanity of whoever decided to arrest and prosecute Blacker. They did not prosecute him for holding up people or harassing women in the streets but for exercising his constitutional rights. This was travesty. It was not in the public interest