By Alvin Lansana Kargbo
The Court of Appeal of Sierra Leone has dismissed the appeal filed by convicted politician, Mohamed Kamarainba Mansaray, citing a lack of prosecution. The ruling was delivered on Monday, 10th November 2025, at the Main Law Courts in Freetown.
The appellate bench, consisting of Honourable Justice Abdullai M. Bangurah JSC (Presiding Judge), Honourable Justice Tonia Barnett JA and Honourable Justice Simeon A. Allieu, sat in the presence of State Counsel, Yusuf Isaac Sesay Esq., who applied for the appeal to be dismissed under Rule 53 sub-rule 6 of the Court of Appeal Rules of 1985. The Court, after reviewing the circumstances surrounding the matter, granted the State’s application and ordered the issuance of a Bench Warrant for the immediate arrest of convict Mohamed Kamarainba Mansaray. It also reinforced the existing Bench Warrant against his surety, Aisha Baby Mansaray of No. 7 Tucker Lane, Majay Town, Freetown, for failing to produce the convict before the court.
The case dates back to 17th February 2023, when Mohamed Kamarainba Mansaray and his co-accused, Marion Arouni, were convicted by the Sexual Offences Model Court on eight counts, including Sexual Penetration, Meeting a Child for Sexual Purposes and Conspiracy. Based on the evidence presented during trial, Kamarainba Mansaray was sentenced to several prison terms; fifteen years each on counts one, two, three, four, five and eight, and two years each on counts six and seven.
While serving his sentence, Mohamed Kamarainba Mansaray, through his lawyers, Abdulai and Associates, filed an appeal against the conviction and later submitted an application for bail pending appeal dated 6th September 2023. The application was supported by seven exhibits, including medical reports from the Connaught Hospital and a report from consultant urologist Dr. Thaim Buya Kamara, indicating that the convict was in critical health condition. Representing the State, Yusuf Isaac Sesay Esq. did not oppose the bail application, stating, “We are not opposing bail… we can only be prosecutors and not persecutors. If bail is granted, let there be speedy prosecution of the appeal.”
Following this submission, the Court of Appeal granted bail to the convict on 8th September 2023. Upon fulfilling the bail conditions, the Master and Registrar approved the bail pending the hearing and determination of the appeal. However, despite four separate notices sent by the Court of Appeal Registry to the convict’s lawyers, Abdulai and Associates of Luawa Chambers, 1st Floor, 28 Charlotte Street, Freetown, the appellant, his lawyers and surety repeatedly failed to appear before the court.
On 20th February 2025, the matter was listed for hearing, but in the absence of the convict, his surety and legal representatives, the Court issued a Warrant of Arrest for both Mohamed Kamarainba Mansaray and his surety. In an effort to ensure due process, the Court further directed that another notice be served on the convict’s lawyers, including Pious Sesay Esq., and ordered the notice to be posted on the wall of the law firm representing the appellant. Despite those measures, no official response or representation was made on behalf of the convict.
After several failed attempts to secure compliance, the Court of Appeal concluded that the appellant had deliberately abandoned his appeal. Consequently, the appellate panel dismissed the appeal for want of prosecution in accordance with Rule 53 sub-rule 6 of the Court of Appeal Rules of 1985.
In delivering the ruling, the judges emphasized that Mohamed Kamarainba Mansaray had a legal and moral duty to surrender himself to the Court in fulfilment of his bail conditions. They described his failure to do so as a clear breach of those conditions, amounting to being unlawfully at large.
The Certificate of the Order of the Court in Case No. CR.APP 1/2023, signed by the Registrar of the Court of Appeal, formally records the dismissal of the appeal, the enforcement of the Bench Warrants and the reaffirmation of the Court’s authority. The ruling stands as a firm reminder of the judiciary’s resolve to ensure that justice is neither delayed nor disregarded, regardless of an individual’s political status.
