April 20, 2021
By: Francis F.M.Harding
Students of Institute of Public Administration and Management (IPAM), Yanku Marah, John Foday Koroma, Augustine Koroma, Fatmata Binta Bah and Amidu Sesay were arraigned in court on the 19th April, 2021 before Magistrate Mark Ngegba of Court No. 2 in Freetown.
Five accused persons were charged on two count charges of riotous conduct and disorderly behavior. According to the case file, the accused persons on the 12th April, 2021 at Institute of Public Administration and Management (IPAM), A.J. Momoh Street Freetown; the accused persons are charged with riotous conduct and disorderedly behavior and throwing of missiles at Inspector Sheku Ganda, Inspector Ibrahim Bangura, Police Constable 20005 and Police Constable 19529 all contrary to the Laws of Sierra Leone.
Before the Court Clerk could put the charges to the accused persons; one of the accused person’s Lawyer I. Bangura said that the information before the court is ineffective and shall not conform to rules of law. He said this is a more reasons in Criminal Procedure Act, it is stated that the rules of information. The Lawyer said with regards to count one and two of the information the prosecutor made reference to an act which does not exist and so they must be null and void.
He said in relation to count two of the Particulars of Offense the Act provides for both the prosecuting and defending team. He referred to section 51 Criminal Procedure Act under the new page concerning page and indictment. Count two violates section 51sub-section 1 of the Criminal Procedure Act.
On count two it was read that Yanku Marah, John Foday Koroma, Augustine Koroma, Fatmata Binta Bah and Amidu Sesay on the 12th April, 2021 at Institute of Public Administration and Management (IPAM) ), A.J.Momoh Street Freetown were found throwing stones at Inspector Sheku Ganda, Inspector Ibrahim Bangura, Police Constable 20005 and Police Constable 19529.
The Defense said the prosecution failed to make reference of what is provided by law and it should be stated in plain language as provided by the very section. He continued to say if we can take a look at the particular of offense it failed to state the provisions that it should be to the injuries, danger or annoyances of any person or to the danger of another property.
On the other hand, the State prosecutor consented to the defence and told the Magistrate that she has nothing to say.
The Magistrate said “by raising the application of the defense council citing the relevant statutory provision that reduces the effect of information before this court each accused is discharged from this court”. All the five accused students were discharged and acquitted. ASP.Bah prosecuting for the State while Lawyers representing the accused persons B Michael, Dumbuya, Wara Serry Kamal and I. Bangura appeared for all accused persons.
It could be recalled on the 12th April, 2021 at Institute of Public Administration and Management (IPAM) students of the said institution staged a peaceful protest in respect of what they described as unfair treatment by the college authority, as their names and many others were not published to be awarded their degrees.