11. Treason and offences against the State

The 1963 Act

Treason (s.3): Preparing or endeavouring to overthrow the Government by unlawful means; preparing or endeavouring to carry out by force an enterprise which usurps the executive power of the State; inciting or assisting an armed invasion; and assisting an enemy in time of war.

Treason felony (s.4): Lesser acts such as preparing or endeavouring to procure an alteration of the law by unlawful means.

Inchoate treason: Attempts, soliciting and incitement are covered.

Attorney-General's consent: Section 1(2) requires the Attorney-General's consent before a prosecution is instituted.

Lansana and Eleven Others v Reginam

Separate offences: "Prepares" and "endeavours" in s.3(1)(a) create two separate offences, so a count charging both is bad for duplicity.

Consent: Consent is a condition precedent; without valid consent, given with knowledge of the facts and before the matter first comes before a magistrate, the proceedings are a nullity.

Conspiracy as an overt act: A conspiracy to do the forbidden acts is an overt act of "preparing" under ss.3 and 4.

Later cases: Lansana was applied in Juxon-Smith v The State and in the treason trials of State v Jemilah Bangura and State v Mohamed Forna and Fourteen Others.

Sedition

Akin to treason: Sedition was sometimes described as akin to treason, but Sierra Leone repealed seditious libel in 2020.

Current law note

Penalty: Treason now carries life imprisonment, not death.