Koroma’s possible return raises questions over legal process

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Reports that former President Ernest Bai Koroma could return to Sierra Leone have sparked fresh debate over whether his return should be managed through political engagement or strictly within the country’s legal framework.

The discussion follows a commentary published by The Global Times newspaper suggesting that efforts are being made to facilitate Koroma’s return from Nigeria as part of broader national cohesion efforts.

In the commentary titled “The Return of EBK… President Bio Is A Gracious Leader,” publisher Sorie Fofana claimed that a parliamentary delegation from Sierra Leone recently met Koroma in Abuja, where he has been residing since January 2024 after travelling abroad for medical treatment with the approval of the High Court.

Fofana also cited unnamed diplomatic sources as claiming that President Julius Maada Bio and Koroma have met in Abuja since the former President left Sierra Leone. He further suggested that senior figures from both the ruling Sierra Leone People’s Party (SLPP) and the opposition All People’s Congress (APC) are supporting efforts aimed at promoting national cohesion.

However, the Government of Sierra Leone, Parliament and the Office of the Attorney-General and Minister of Justice have not publicly confirmed the existence, scope or legal basis of any reported arrangement concerning Koroma’s return.

Koroma was charged in January 2024 in connection with the failed coup attempt of 26 November 2023. The charges include treason, misprision of treason and two counts of harbouring persons accused of participating in the alleged coup.

The prosecution alleges that Koroma was involved in preparations to overthrow the Government by unlawful means, failed to disclose information relating to the alleged plot, and harboured individuals accused of involvement in the attempted coup before and after the events of November 2023.

Koroma has denied the allegations. He has not been convicted of any offence, and the proceedings remain unresolved.

The former President was granted permission by the High Court to travel to Nigeria for medical treatment under conditions set by the court. His departure and the pending criminal proceedings have become central to the current debate over how any return should be handled.

APC Western Region Chairman Kasho J. Holland-Cole has argued that Koroma’s return should not be based on a political arrangement but determined through the judicial process.

“The case against him is before the courts. That is where it should be decided,” Holland-Cole said, arguing that a competent court should determine whether Koroma has a case to answer or should be discharged.

He warned that resolving the matter through political agreements could create the perception that justice is influenced by political considerations rather than evidence and due process.

Lawyer and former Concord Times Editor Abubakar Sheriff has also questioned why a separate arrangement would be needed when Koroma’s departure from Sierra Leone was authorised through legal proceedings.

The debate has also raised questions about the constitutional powers of state institutions in handling pending criminal cases.

Under Sierra Leone’s 1991 Constitution, the Attorney-General and Minister of Justice plays a central role in the administration of criminal prosecutions. Section 64 establishes the office of the Attorney-General and provides for criminal proceedings to be instituted in the name of the Republic.

Section 66 provides for the powers of the Director of Public Prosecutions (DPP), including the authority to institute, take over, continue or discontinue criminal proceedings before judgment, within the constitutional framework governing prosecutions.

The Constitution also protects the right to a fair hearing and the principle that an accused person is presumed innocent until proven guilty.

Sierra Leone’s criminal procedure laws provide for a nolle prosequi, a legal step through which criminal proceedings may be discontinued before judgment. However, such a move is different from a judicial acquittal, as it does not amount to a court finding that an accused person was innocent of the allegations.

Legal experts say this distinction is important in the ongoing debate. While political dialogue may address issues such as reconciliation, security and national cohesion, any decision affecting criminal proceedings must still follow recognised legal procedures.

Reports suggesting possible conditions for Koroma’s return, including security arrangements, restrictions on political activities and the possible suspension of charges, have not been officially confirmed by the Government or representatives of the former President.

Supporters of Koroma’s return argue that allowing Sierra Leone’s only living former President to come home would promote reconciliation and strengthen national unity. Others insist that political considerations should not replace judicial processes, warning that public confidence in the justice system depends on respect for the rule of law.

The debate over Koroma’s possible return has therefore developed into a wider national conversation about reconciliation, constitutional governance and the independence of Sierra Leone’s justice system.

At the time of publication, authorities had not issued a detailed public explanation of any arrangement being considered or the legal process through which the former President’s return would be managed.

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