By: Abdulai Mansaray
Since the former Defence, and Interior Minister was arrested
and charged, among others with treason, the trial-by-social-media and in the
court of public opinion has been in overdrive. The court of public opinion had
tried him and given its own verdict long ago. It is needless to say that
the views, opinions and protestations proffered by these legal and political
purveyors are largely laced with political persuasions. It is also obvious that
such views could be polarised along the usual denominators of tribal, regional
and political considerations. So, when Paolo Conteh was found “not
guilty” of treason; (the cardinal sin) by the jury, despite being
guilty on two counts of unlawful gun possession; (the venial sin) the reactions
coming from all our legal, political and social commentators were predictably
spilt.
So, what has this verdict taught us about our judicial
system today? The government/state, through the Office of the Attorney General
alleged and prosecuted Paolo for treason, among others. He was found guilty on
two counts of unlawful gun possession. I am not
going to pretend that I have any idea about the legal gymnastics of our
country. However, my layman’s understanding of the verdict is that, the jury
accepted that it was unlawful for Paolo to carry a weapon into the premises of
State House. But the “not guilty” verdict meant that the prosecution for the
state failed to prove beyond all reasonable doubt, that such a
breach amounted to treason. Others will say that the jury was not
convinced that his behaviour amounted to a treasonable offence. As they say, a jury consists of twelve persons chosen to decide
who has the better lawyer. You win some, you lose some.
In the meantime, Cornelius Oguntola Melvin
Deveaux, the National Publicity Secretary and former Deputy Minister of
Information and Communications in the previous APC government, has been
quick to lecture us on the merits and demerits of how the SLPP government has
handled the case. In his sermon, he sees the vindication of Paolo Conteh as “a
failed and cynical attempt by the ruling SLPP to lure a jury to allow
themselves to be used in the same way as the government continues to use the
judiciary to intimidate and victimize opposition members and, on the other
hand, it exposes a desperation for revenge by the ruling SLPP and also
pinpoints the government’s ultimate aim to incarcerate opposition members on
trumped-up political charges so as to slam a prohibition on their active
participation in politics ahead of the 2022 and 2023 elections”.
Our country never fails to amuse us with
ironies, and our penchant to attract such is never lost on some of us. Under
such circumstances, you would expect Deveaux, whose APC government tried to do
away with jury trials in 2017, to be grateful to the opposition and other legal
minds at the time, to oppose the proposal. Instead, he launches a tirade about
the SLPP’s attempt to circumvent the legal system. No one is saying whether the
SLPP tried to do so or not. As we know, such behaviours are part of the DNA of
our political parties. No surprises there and he seems to know or have inside
information; thanks, by virtue of association.
In 2017, the APC government proposed
that trials such as treason trials to be presided over by a judge and a judge
alone; citing delays to trials as one of the only sane reasons behind such a
thinking. You and I know the thinking behind such an argument. Imagine if
the jury service had been dismissed in 2017, and Paolo was to face the mercy of
a Bio appointed judge today, you do the logic; if any. Even Paolo would be
thanking his stars that it didn’t succeed; for it may have been a case of
“whosoever diggeth a pit, shall fall in”. Sometimes, we have to be careful,
what we wish for.
This case stands out understandably to all,
and especially those that are familiar with the history of treason trials in
the country. As a country, we don’t have an enviable record on the outcomes of
them. It is no wonder that this verdict has re-echoed memories of people like
the late Francis Minah, Mohamed Sorie Fornah and the fourteen others. When the dead cannot cry out for justice, it usually becomes the
duty of the living to do so for them.
With Paolo Conteh being on the other side
of the Rubicon, there are some people who would have expected him to endure a
similar fate to those that have gone before him. Thank God it did not happen,
and that should be a comparatively rare feather to the cap of our justice system.
It becomes telling so, when you live in a society where a system catches flies
and lets hornets fly free. Where a charge of treason is involved, most
political connoisseurs tend to harbour a foregone conclusion of certain death,
if my history can serve me well.
Successive governments have used or misused
our justice system as the long arm of the law, to muzzle free speech, nullify
political opponents, or even take them out of circulation. Our constitution
sanctifies the independence of the judiciary. Sadly, the impression is that it
has been used as the means by which established injustices have been
sanctioned. Many see it Sadly, as an organ to promote the whims and wishes of
sitting governments. No wonder, many see the jury as BRAVE; for having the AUDACITY
to buck the trend in this case.
Since Bio came to power, his government has
been rightly or wrongly accused of many ills in our society. Just like Ernest
Koroma, we have seen journalists and other public officials serving as guests
of honour at the CID and Pademba Road prisons. People like Sylvia Blyden and
most recently the erudite Professor Umarr Kamara were reportedly detained without
charge; way beyond the stipulated time frame that individuals can be held
in such circumstances. Conspiracy merchants had rumoured that the recent riots
and fire at the Pademba Road prisons was a botched attempt to take Paolo out of
circulation. So, imagine the thread that may have followed this narrative, when
he was charged with treason. Are you beginning to relate to the magnitude of
this verdict? Does it sound like an anti climax for the doom merchants? And can
you blame them for such thinking?
This may just be a snippet into our justice
system. One swallow does not make a season. We have a long way to go, but like
a journey of one million miles, it starts with a step. This is a small step,
may be and just may be, it would restore our collective faith in our justice
system. When you consider that this is not the first case the government or
state prosecutor has failed to successfully win, it might just leave us feeling
that there is hope for justice after all. The case against the mining company
is another example. There are those who might rather see such failures by
Attorney General’s Office as ineptitude. It is understandable if some people
see this verdict as a defeat to the government; for obvious reasons.
That does not necessarily mean that it is
true or correct. But the number of cases in which the Attorney Generals’
office, and by default the government has failed to successful pursue its cases
is toting up; with some at a high cost to the taxpayer. May be, just may be, it
is just a matter of time before the government concludes that the Attorney
General is another legal irritant or not up to the job; and look for a
replacement. Who knows? Our justice system is not perfect. But it can be
refreshing to see justice done, or at least seen to be done. It’s just a good
feeling to have; that we live in a country where justice is sacrosanct.
Others may see it as justice at work.
I know which side I will view it from, and I am hopeful. You win some, you lose
some. We should take this verdict in good faith, irrespective of our
persuasions; for the foundation of justice is good faith. True peace is not
merely the absence of tension, it is the presence of justice (M L King) When
justice is done, it sometimes brings joy to the righteous and terror to
evildoers. Justice is conscience, not a personal conscience but the conscience
of the whole of humanity.
And as a nation, I would rather see the
finer side, the brighter colour and blindness of justice in this case. If this
is a reflection that Bio’s government will not or has not interfered with our
judicial system, well and good. We need a platform where everyone should feel equal
in the eyes of the law. If “Black Lives Matter”, charity should begin at home.
With Manchester United back on form,
perhaps our judiciary is an avid Manchester United supporter; back on form,
even if for ninety minutes only.
Lest I forget, my heart goes out to our APC
comrades who tragically lost their lives in a road traffic accident yesterday;
in the line of duty. May Allah forgive their souls and grant them Jannah.
Don’t forget to turn the lights off when
you leave the room. And don’t forget your mask either.
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