Gabriel M.T. Kaikai & 13 Others v S (SC CR APP 1 of 1988) [1989] SLSC 9 (29 September 1989)

“vhge an 8 . IN AEE SUPRENZ COURT oF st pot 4 hat atk, | fog. hign 4 ay +. Wompern-Bavis a4 i / Ton. Hrs Sustice 8.4.7, Kutubu, C.J. = Presiding caper ©. / ‘Hon, Mr. Justice, 6B, Davies, J.8.C. : tL Hon. Mr. Justice 8.0,E, Warne, J.5.C. 67 eart Hon. Mr.; Justice M0. Taju-Deen, Jad : KE’, Hon. Mr. Justice AsB. Timbo, Jude 's itty: Ps ("4,4 Gabtiel Mohamed Tennyson Kai-Kai; : : ' “2, Pritice Deen Kai-Kai . 7°

3. Joseph John Harding } «4, Daniel Sulaiman Kat-Kai sos f . ye.5e Francis Mischeck Minah .

6. David Abu Samu an oy

9. Brandis Massaquoi ‘= APPELLANTS “> foo, “O27 Amaracdl Meu iPaérawallie 2 tio de sc ast _ ,))

9. Joseph, Abiodun Williams | eae: ts 40, Hassan Morlei Conteh | e°=44¢onred Innis i Yr 425 HaranaiVandy-Jinay ons 2

43. Benjamin Orissa Dumacca Taylor . 44, Sheku Deen Kamara ‘ : id AUREL . : * 4 Seat ND . { levee a bh fae tab mew ‘ 1 aie . THB, BTATE A =. RESPONDENT j Gy, margai, Bogs for tot, Gen, 9th, 10th & 14th Appelaents "> -” pt vo deotacts & ‘ recent gne tah 4 Telly Wilson, Esq. for 2nd, 3rd, 4th & 11th Appellants. , j ah ae oe tps 8.B, Berewa, Beq. for 5th Appelient = | Bie Tepe Dyfan “for 6th & 7th Appellants ' rg } See dt zo ve - ® a | "ertudh Hacantey’ (inr.) Beg. for 12th Appettent od Gc: Osjo-Witiiene, Bsa. and A.B.0. Johnson, Baq, for 15th Appeliant [Like he oy noon Fd ‘ hale wat : b We, ee an * mf

L mn 2 a ame Dar or Sopf P & ( 2 6 ie an a Se eas J caso can de succinctly stated. al fatpepeaaabiniebeomermaal : : own on a four count indietaent of

fason, Misprision of Treason and Murder. Count 1 charged the first

scoused with the offence of Treason contrary to 8. 3(1)(a) of the son and State Offences Act, No. 10 of 1963. Four of the 16 accused

also charged with Murder, contrary to law. Two accused persone each charged with the offence of Misprision of Treason, contrary lew.

‘the trial proceeded before Williams, J.4. and @ jury, from 1st

, 1987 and was concluded on 17th October, 1967+ Suffice it to say t this trial was beset by many difficulties of unparalleled sreiona in the history of criminal trials in this country, °ne auch

tue expanelling of jurors which took four week# $9 accomplish.

Ap the elose of the case for both the prosecution and the defence, after « long suaming-up by the learned trial Judge which Lested ~ ral days, the jury returned « unaninoue verdict of guilty #8 ed in respect of the accused. The death sentence was passed on | fire 16 accused, while the 17¢2 and agth scoused were’ sentenced

terms of imprisonment for 4 and 7 years respectively

It was against thie background ‘that all 18 convicted prisoners sed sp oii court of Appeal against their conviction on various

nds, ‘The 18th Appellant *1°° appeated ageinet sontences e | the position in the High Courts a1 the Appeliente 4* the Court | “Appeal were represented bY counsel che court of Appeel i Of the 16 appellants convicted of TEOBEOMY ain B | wt the appeais of the following £0UF Appellants, |

(4) Francie Augustine Ensah . G4) Patrick Benedict Kai-Kat

(444) Kasim aliie and (4v) Raymond Brine Dorwie, who were accordingly acquitt: m discharged. H ‘The appeals of the following twelve Appellants were dismissed b; yhe Court of Appeal, namely:

(1) Gabriet Mohamed Tennyson Kai-Kai 7

(2) Prince Deen Kai-Kai

(3) Joseph John Harding .

(4) Daniel Sulaiman Kai-Kei : }

(5) Francis Mischeck Minah :

(6) David Abu Samu fs

(7) Francis Massaquoi

(8) Amara Allien Taravallie

(9) Joseph Abiodun Willians

(40) Hassan Morlai ‘Conteh “4u-€41) Conrad Innis and

(42) Haruna Vendy-Jiany e Marder appeals in respect of -

(4) Prince Deen Kai-Kai q (44)° Joseph John Harding .

(444) Daniel Sulaiman Kai-Kai and 7 ; (4v) Conrad Innis were dismissed. also were the appeals for Misprision of Treason in respect of enjenin Orissa Dunacca Taylor and Shoku Deon Kamara. he Appellants have appealed to this court against the judgment of Court of Appeal on various grounds. For the purpose of this nt, Appellants who number fourteen in all, are now re-nuabered 4, starting with 1st Appellant Gabriel Mohamed Tennyson Kai-Kai, nd ending up with Sheku Deon Kanara, the 14th Appellant.

a ft . ud : j Me indictment upon which the Appellants were convicted

q contained four counts which I shall proceed to set out as laid. 1

ke count for Treason contains 26 overt acts in all. gone 4 . I STATEMENT OP OFFENCE: TREASON CONTRARY 70 SECTION 3(1)(a) OF ea THE TREASON AND STATE OFFENCES ACT, 1963 a AS AMENDED. PARTICULARS OF OFFENCE: GABRIEL MOHAMED TENNYSON KAI-KAT, a PRINCE DREN KAI-KAI, JOSEPH JOHN HARDING, 4 DANIEL SULAIMAN KAT-KAT, YRANCIS MISCHECK : 7 MINAH, DAVID ABU SAMU, FRANCIS AUGUSTINE q ENSAH, FRANCIS MASSAQUOI, AMARA ALLIED é TARAWALLIE, JOSEPHUS ABIODUN WILLIAMS, X : PATRICK BENEDICT KAI-KAT, HASSAN MORLAT q CONTEH, CONRAD INNIS, KAZIM ALLIE, 9 RAYMOND BRIMA DORWIE and HARUNA VANDY-JIMH q on divers days between that day and the 23. % day of March, 1987 in Sierra Leone prepare: Be .: to overthrow the Government of Sierra Leom fe. by unlawful means.

form AGTS OF THE SAID TREASON a the 1st day of June, 1986 and on divers days betweon that

Fisy and the 23nd day of March 1967 in Sierra Leone the said GABRIE] PROM, TENNYGON KAI-KAI, PRINCE DEEN KAI-KAT, JOSEPH JOHN HARDING, FPANIML' SULAIMAN KAT“KAI, FRANCIS MISCHECK MINAH, DAVID ABU SAMU,

% 4 IIS AUGUSTINE ENSAH, FRANCIS MASSAQUOI, AMARA ALLIEU TARAWALLI]

BOBKPHUS ABIODUN WILLIAMS, PATRICK BENEDICT KAI-KAT, HASSAN MORLAT

CONTE, CONRAD INNIS, KAZIN ALLIE, RAYMOND BRIMA DORWIE and HARUNA

YANDY-JIMMY conspired together and with other persons unknown to

a the Governnent of Sierra Leone in that they agreed =

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