Tribute: How I wish Dr Abdulai O Conteh had granted my wish
In July 2020, Sierra Leonean intellectual, former Vice President, Minister of Foreign Affairs, Finance, Attorney General and Minister of Justice, parliamentarian, constitutionalist, Law lecturer, Chief Justice of Belize, Justice of the Court of Appeal of the Cayman Islands, Justice of the Court of Appeal of the Bahamas and one whom the erudite law professor, educator and supreme court justice, Henry Joko Smart once described as the other Sierra Leonean half lawyer ( claiming that the country had only one and half lawyers, with him, the former being the full Lawyer- a claim that bothers on myth) stood in open court. Dr Abdulai Osman Conteh addressed the Foreman and the Jury in respect of the first accused person, Alfred Paolo Conteh, a former Minister of Defence and Internal Affairs charged with three counts of treason, seven counts of offences against the Small Arms and Ammunition Act, 2012 and three counts of Perjury Contrary to the Perjury Act, 1911.
The erudite legal kingpin, reading from his notes and with his glasses hanging over his nose, said this, “Mr Foreman, members of the Jury, I need not remind you that in a criminal trial, the accused bears no burden: the Prosecution charged him and brought him here, and therefore, the law requires that they should prove his guilt beyond a reasonable doubt. That is to say, to make you feel sure of his guilt on the several charges on the indictment.”
The learned Lawyer emphasized that once to every man (woman) and nation comes a moment to decide between truth and falsehood, “This is your moment to decide between the truth and falsehood in this case.”
His words reverberated around the courtroom, and the twelve-member jury hung to every syllable he pronounced as if that was the decider. They copiously took notes.
Later, they unanimously found Alfred Palo Conteh not guilty on all Treason Charges but guilty on two counts of unlawful gun possession and sentenced him to two years imprisonment. I was eager to hear from Dr. Conteh what his experience was like in that trial, why the prosecution failed to secure a conviction, and what he would have done differently if he had been in the Prosecution. To an extent, Dr Conteh was relieved. His client had escaped the hangman’s noose.
Memories of Conteh’s heroics at that Trial took me back to 1987. He was the lead prosecutor, attorney general, and justice minister in the Trial. A jury convicted former Vice President Francis Minah and 17 others, including GMT Kaikai, of Treason. They were later sentenced to death. With the benefit of hindsight, I wanted the then AG to reflect on that treason trial, given that his government was then accused of influencing the outcome of the jury.
Beyond that, it was Conteh, as Attorney-General and Minister of Justice, who introduced a Bill titled ‘The Constitution of Sierra Leone, 1991’ in the Fifth Session of the Third Parliament of Sierra Leone on the 4th day of June 1991. This bill laid the foundation for our current constitution, albeit under constitutional review. His actions as a legal figure have had a lasting impact on the governance of Sierra Leone. I wanted to speak to the revered Lawyer about these and many more.
I had never met Dr Conteh, but as a kid, he was a permanent fixture on television for his debates in parliament and brilliant oratory skills. My papa used to come home with a bunch of newspapers that I voraciously consumed whenever his face appeared on the covers of the dailies.
I wanted that interview so badly because there was a lot to talk about.
Here in Freetown and in the U.S., where I was at the time, I made contacts, and when I finally landed the phone number of the legal brain, I was excited. First, I texted him, knowing his handlers had already told him I would call. It took him several days. No response. I was frustrated. I reached out again, but I was assured he would respond.
Finally, Doc spoke with me. He apologized for his slow response, and I requested an interview on the record. He said yes. I immediately published in a teaser on my social media platforms that an interview with him was in the offing.
The next day, things changed. In a soft but measured tone, Doc called me and said, “Osman, I have reconsidered, and at this time, it will not be best for me to grant you the interview.” I could not convince him to change his mind.
Alas, this morning, when a friend posted that his elder brother, a certain Dr Abdulai Conteh, had passed, I immediately called, and my worst fears were confirmed. Our constitutionalist, Dr Abdulai O Conteh, has died. The news of his passing was not just a loss to the legal community but also a personal disappointment as I realized I would never get the chance to hear his stories from his own lips. As a gravedigger of the human past, I returned to that interview. I wanted to talk to him about his memoirs and how he would like to be remembered long after transitioning to the world beyond. He was APC through and through, but it was not on all occasions that he towed his party’s line.
In an open letter to then President Ernest Bai Koroma in 2015, he said, “The use of executive power to remove the Vice President (Sam Sumana) from office is irreconcilable with the provisions of the Constitution; and in my humble view, sets to naught the sovereign will of the electorate that the people of Sierra Leone so eloquently expressed when in 2007, and again in 2012, you and the Vice President were elected to your respective offices.” I wanted to know from him if EBK responded.
I will never get to know these and many more or hear from the horse’s mouth, but as I pray for your soul to rest in peace and for your sins to be forgiven (if any), I also ask for answers from the graveside after you have properly rested. Rest well, Doc, our legal luminary. Your insights will be sorely missed.
Now, to your questions
-In her memoirs, The Devil that Danced on the Water, the British-Sierra Leonean writer Aminata Forna investigates the treason trial that led to the execution of her father, the late Mohamed Sorie Forna, and concludes that the charges were trumped up. Many people believe that most treason trials in Sierra Leone are political. Do you have any thoughts on this?
-What key lessons have we learnt in implementing the 1991 constitution that will help us in enacting a new constitution?
-As it now stands, and in relation to the President’s executive authority regarding the removal of a Vice President, what is your prescription for repairing what some see as a grave violation?
-Now, to your party. The APC is now at a crossroads and in the opposition, having lost the 2018 elections. As a key player in the ‘Old APC,’ what lessons can be learned from the mistakes made when the party was in power ahead of the 2023 elections?
By Osman Benk Sankoh
Stay with Sierra Express Media, for your trusted place in news!
© 2024, https:. All rights reserved.
