Claim: A Facebook page, Makoni Times, alleged that the treason charges against former President Ernest Bai Koroma have been dismissed.
Verdict: False! Although the Attorney-General has discontinued the treason charges against former President Koroma, it is inaccurate to claim that the charges have been dismissed. The Attorney-General’s decision to discontinue the case was made through a nolle prosequi, a legal procedure that formally ends the prosecution without constituting a dismissal of the charges.
Full Text
Former President Ernest Bai Koroma was indicted in January 2024 on charges of treason and related offences following the attempted coup in November 2023, during which armed men stormed military facilities and prisons, leaving 21 people dead and enabling the escape of more than 2,000 inmates.
While several suspects were arrested and prosecuted, Koroma, who was accused of complicity, left Sierra Leone for Nigeria, citing health concerns.
The Ministry of Justice, led by Attorney-General Alpha Sesay, announced that all criminal proceedings against the former president had been “discontinued” on humanitarian grounds and in the interest of peace and reconciliation.
However, a Facebook page, Makoni Times, alleged that the treason charges against the former president had been dismissed.
DUBAWA decided to fact-check the claim because of its potential to mislead the public
Verification
DUBAWA conducted a Google keyword search and found no evidence to support the claim made by Makoni Times.
Our review of the notice issued by the Attorney-General and Minister of Justice, Alpha Sesay, showed that he invoked section 45 of the Criminal Procedure Act, 2024, to discontinue all criminal proceedings against the former president, Ernest Bai Koroma. His decision was based on the legal principle of “nolle prosequi.”
Under the English Legal System, which Sierra Leone continues to follow, only a judge has the legal authority to terminate or dismiss a case, and not the Attorney-General. While the Attorney-General has the power to discontinue a criminal proceeding against a person by entering a nolle prosequi, he does not have the authority to dismiss the case.
Who holds the power of discontinuance?
This is an executive power vested solely in the Attorney-General and Minister of Justice under Section 45 of the Criminal Procedure Act, 2024. By entering a nolle prosequi, the prosecutor simply informs the court that the State will not proceed with the case. In contrast, a dismissal is a judicial decision made by the judge or magistrate presiding over the case.
When proceedings are discontinued, the accused is released from custody and relieved of any bail conditions. However, this does not amount to an acquittal because the case has not been formally determined or dismissed on its merits by a judge.
The Attorney-General also retains the legal authority to reinstitute the proceedings and bring the same charges before the court in the future if new evidence emerges.
Had the case been dismissed, as claimed, Section 46 of the Criminal Procedure Act, 2024, which codifies the principle of double jeopardy, could have applied. This would generally prevent the former president from being tried again on the same facts after a final judicial determination. However, because the proceedings were merely discontinued before judgment was delivered, the Attorney-General retains the power to reinstitute the case and prosecute the former president on the same charges at a later date.
Conclusion
DUBAWA’s investigation showed that the treason charges against former President Ernest Bai Koroma were discontinued by the Attorney-General and not dismissed.