West Africa: Court Allows Opposition Flagbearer Aspirant's Appeal to Proceed

press release

The High Court in Freetown, Sierra Leone, on June 18, 2026 ruled that an appeal by Zainab Sheriff, a flagbearer aspirant of the All People's Congress (APC) may proceed to a full hearing on 2 July 2026. The ruling comes despite opposition from the prosecution at a preliminary hearing.

Zainab Sheriff was sentenced on April 14, 2026 to four years imprisonmen for incitement and threatening language under the Sierra Leone's Public Order Act of 1965. Her lawyers have since been challenging her conviction, filing several grounds of appeal, including the argument that the Magistrate Court, that delivered the sentence, lacked the proper jurisdiction to try the case. They further argued that the charges brought against her were not clearly stated and there were alleged breaches of fair trial procedure.

Among the points raised in support of the fair-trial ground, the defence noted that although the incitement charges were bailable, Sheriff was denied bail eight times by the Magistrate Court and once by the High Court while proceedings continued. The defence also argued that the sentence imposed was excessive for a first-time offender, adding that Sheriff's remarks constituted political expression intended to deter electoral malpractice rather than incitement to violence.

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Justice Mark Ngegba, who presided over the June 18 hearing, held that the appeal raised significant concerns about the judgment of Magistrate Mustapha Braima Jah and warranted full judicial consideration. He dismissed the prosecution's preliminary objection and ordered the appeal to proceed to a full hearing on July 2, 2026, when the court will determine whether Sheriff's conviction and sentence should be upheld.

Sheriff, who is also Chairperson of the Wi Duti Lappa civic movement, was declared wanted and later arrested by the police on February 20, 2026, over remarks she made at an APC gathering at the Brima Attouga Mini Stadium in Freetown on January 31, 2026. She described Sierra Leone's June 2023 presidential election as rigged, and with authorities argued that her statements were capable of inciting public disorder.

Her case has since drawn attention from civil society organisations and women's rights groups, which have called for her release, expressing concern about the implications of her continued detention on public confidence in Sierra Leone's justice system and for women's political participation. The APC, for its part, initially distanced itself from Sheriff's remarks, describing them as made in her personal capacity, before later criticising her sentencing as politically motivated.

The Media Foundation for West Africa (MFWA) welcomes the High Court's decision to hear Sheriff's appeal and urges the court to ensure that fairness and respect for the constitutional protection of freedom of expression are central to its consideration. MFWA reiterates its long-standing position that the Public Order Act of 1965 is outdated and open to abuse, particularly in its provisions on incitement and threatening language, and urges the court to weigh these concerns carefully in determining the appeal.

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