By Foday Moriba Conteh
In the exercise of his constitutional right of granting prerogative of mercy to liberate some prisoners who have been incarcerated, which normally takes place on the 1st of January or the 27th April which is Independence day, President Julius Maada Bio has once more facilitated the release of certain prisoners who met the criteria for them to be pardoned.
This year the following number of prisoners were granted Presidential Pardon or Prerogative of Mercy: Pademba Road Centre-65, F/T Female Centre-03, Kailahun Centre-16, Freetown Male Reintegration-11, Moyamba Centre-12, Port Loko Centre-07, Kenema Male Centre-09,Sefadu Centre—16, Kabala Centre—03,Mattru Jong Centre-05,Kambia Centre—05, Makeni Centre-05,Magburaka Centre-07, Bo Male Centre—13,Pre- Trial Detention Centre—13, Mafanta Centre-50,Pujehun Centre, including 01 Female-06 bringing to Total: 246 inmates that were released.
Taking it by region the statistics is: Western Area Urban-79 including 03 female, Western Area Rural-13(All men), North West Region-12, North East Region-65, Eastern Region-41 ( All men),Southern Region- totalling 246 including 04 Female.
Among those who benefitted from the Presidential Pardon was former Minister of Internal Affairs, during the tenure of the APC led Government under the leadership of erstwhile President Ernest Bai Koroma, Rtd. Major Alfred Paolo Conteh, who was serving a two-year jail sentence for unlawful possession of gun.
It could be recalled that Rtd. Major Alfred Paolo Conteh was the 1st accused person in a treason trial but on the 1st July 2020 was acquitted and discharged on all counts of treason charges when the Jury returned a not guilty verdict.
After several court appearances, the Prosecution team headed by the Attorney General couldn’t prove beyond reasonable doubt that the accused (Rtd. Major Alfred Paolo Conteh) had the preconceived intention of committing treason. There was no seeming intention established throughout the trial.
However, he was found guilty on 2 lesser counts of unlawful Gun Possession with a penalty of two years imprisonment.
It must be noted that Heads of States or Presidents are simply making real heavenly principles, by pardoning those who have hurt the State through their conducts.
Interestingly, all countries in the world, except China, implement the Presidential Pardon. It is enmeshed in their national laws, as much as it is codified in the 1991 Constitution of Sierra Leone Act No 6. Chapter V Part I, section 40 (4) (e) states: Notwithstanding any provisions of this Constitution or any other law to the contrary, the President shall, without prejudice to any such law as may for the time being be adopted by Parliament, be responsible, in addition to the functions conferred upon him in the Constitution, for—the exercise of the prerogative of mercy. Also, Section 63 (1) (a – d): The President may, acting in accordance with the advice of a Committee appointed by the Cabinet over which the Vice-President shall preside— a. grant any person convicted of any offence against the laws of Sierra Leone a pardon, either free or subject to lawful conditions; b. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; c. substitute a less severe form of punishment for any punishment imposed on any person for such an offence; d. remit the whole or any part of any punishment imposed upon any person for such an offence or any penalty or forfeiture otherwise due to the Government on account of such an offence.
It must be pointed out that the Sierra Leone Correctional Service (SLCS) does not have any power whatsoever to release inmates at will if their slated time has not ended.
The only Person endowed with that kind of power is the President. Even with that, he has to more often than not, rely on the recommendations forwarded to him by the Prerogative of Mercy Committee. This Committee, which is chaired by the Vice President of the country, comprises the Director General of the SLCS, the Inspector General of Police, and the Attorney General, Minister of Internal Affairs, Central Intelligence Unit, and the Office of National Security. This Committee meets at least three times to peruse the list of recommended inmates generated by the SLCS, before forwarding it to the President’s office for his assent.
What the SLCS does is to come up with as much names as possible, of inmates who were convicted of less serious crimes such as larceny, obtaining goods, fraudulent conversion, conspiracy to defraud, unlawful possession, frequenting, traffic violations, etc. Also, the SLCS targets inmates in the said category who have served two- thirds of their term.
Another important thing is the SLCS also sometimes makes special recommendations for sickly (HIV/ AIDS, TB, anaemia, etc) inmates and some inmates who were convicted of serious crimes such as wounding with intent, robbery with aggravation, manslaughter, etc.
