Justice Adrian Fisher of the Freetown High Court has slammed Alpha Sheriff aka, APC Sheriff and Amadu Saidu Fofanah after the Court found them guilty for operating private security company without license.
Their jail term commenced from the 22 months they had already served on remand.
The duo were the first to be convicted on the new law, National Security and Central Intelligence Act since it enactment in 2023.
Sheriff was separately found guilty on another two counts. In the first count, he was found in possession of small arms without license, and the other for concealing arms unlawfully. He was sentenced to the term he already served for the two offences.
The sentencing of Sheriff and Fofanah, first and second convicts respectively on Friday April 25, 2025 came after a judgement that was delivered back in November 15th, 2024.
Before passing the judgement, Justice Fisher told the court that on June 7, 2023, the convicts were together with other nine men on board a white Land Cruiser, which bulldozed a police checkpoint on its way to the Sierra Leone’s second largest city, Bo.
He said in the vehicle, a pistol, and pepper spray, green face mask, military boot, military compass and other items were discovered.
He went on to say that all the men were then taken to a police station and reported Sheriff telling police in his statement that they formed the group to provide security for the main opposition, All People’s Congress (APC) party flag bearer, Samura Kamara and his running mate , Chernor Maju Bah.
Sheriff reportedly said that they were 10 in number in the vehicle when they bulldozed the checkpoint. He said their vehicle was tracked down and they were intercepted by police.
Justice Fisher reported the second convict, Fofanah narrating similar account to the police and added that they were members of “Samuco group” and admitted of being in possession of pepper spray and a pen-knife.
He said the prosecution had submitted that the convicted persons were in possession of a number of harmful items, which they admitted to. He said prosecution thus argued that the convicted persons posed a threat to the security of the state by their actions, and having initially admitted to their guilt to the police station, subsequently chose to plead not guilty.” Justice Fisher further informed the court that prosecution sought a sentence of 20 years for count one and two, and five years for count three.
The prosecution further noted that the actions of the convicts in pleading not guilty cost them to bring witnesses from the province.
He reported the defence lawyer, Joseph Fitzgerald Kamara representing the two convicts saying that the duo had good character with no previous conviction or criminal history.
He said the first convict’s daughter is sick and could not have the opportunity to see the daughter. He said the second convict had two children, who were driven out of school since his incarceration. He pointed out that the latter convict is the breadwinner of his family. His wife is neither employed nor has a business and could not afford to educate the children.
Kamara argued that the duo returned to prison after the November 26, 2023 prison break and asked that the court reflect on the long time they had already spent in incarceration. He further argued that the convicts had shown remorse while calling on the bench to tamper justice with mercy.
He described the 20 years of imprisonment sought by the prosecution as “inconsiderate” in light of the fact that the minimum sentence is five years on count one.
The judge told the convicts in his comment that they were handling offensive weapons during an election circle, which were discovered by security forces without any reasonable explanation.
The judge pointed out that the convicts pleaded not guilty, but the court found them guilty after trial. He noted that their sentences will be in accordance with the law, not less than five years for count one or a fine not less than 50 thousand new Leones or to both. For count two and three, a fine not less than five million old Leones or a sentence not less than 12 months. The judge however noted that the convicts do not have money so the fine would not be imposed.
Among other things, he said in passing sentence, the court determined the threshold of culpability, which he said has less, medium or high culpability. Justice Fisher said he did not see any level of high level of culpability.
First convict told the court in his plea mitigation that he regretted his action and that he took full responsibility of his action, and admitted that he ought to know better. He pleaded for mercy or to give him a sentence to a term he had already served to enable him to join his family.
He told the court that he has a wife and daughter, adding that the daughter is sick. He also noted that his incarceration has led to all his businesses to collapse.
The second convict also pleaded for mercy.
The two convicts were together with other seven accused persons during the Preliminary Investigation at the Pademba Magistrate Court. The seven others escaped during the November 26, 2023 failed coup and prison break.