Appeal Court Judge, Justice Alhaji Momoh Jah-Stevens on Tuesday 11th June 2024 ordered a subpoena to be served on Dr Tamba T. Lebbie the Medical Superintendent Officer of the Sierra Leone Correctional Service, to explain before the Court the health status of an accused person, Ikubolaje Nicol.

Justice Alhaji Momoh Jah-Stevens order came after the State Counsel, Aruna Jalloh applied for the accused Ikubolaje Nicol to return to the Pademba Road Correctional Centre to continue his medication.

State Prosecutor Aruna Jalloh said the Correctional Service Doctor failed to comply with the previous order of the Court which stated he should give update on the health condition of the accused every two weeks while the trial is ongoing.

Aruna Jalloh continued that the Correctional Service has not been complying with the earlier order made by the Justice Momoh Jah-Stevens on May 14th 2024. Therefore, Lawyer Jalloh applied for the accused to be taken back to the Maximum Male Correctional Centre pending all other medical reports.

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In his responses to State Prosecutor Aruna Jalloh, Defense Counsel Anrite C. Thompson opposed to the application made by Lawyer Aruna, on the following grounds that the order of the court has been fully complied with by the Correctional Service by way of two letters that were addressed to the Court both dated May 27th, 2024.

According to Defense Counsel, the first letter was from the Medical Superintendent of the Correctional Service to the Judge, and which title ‘report on the accused Ikubolaje Nicol age 48 years’.

The letter was said to be a full report pursuant to the Court orders of May 14, 2024, which had been complied with. The second order of May 27, 2024, Defense Counsel said was due to June 11, 2024.

He further argued that the orders of the court have been duly complied with, suffice to say that the only way the court can know the status of the accused health was through those reports which he said was an obligation of the Correctional Service.

In conclusion, he said the last report showed that the accused was still in a very serious health situation and it was for the court to be updated again by another report as to whether that condition had been improved or not.

Defense Counsel urged the Court to reject State Counsel’s submissions as there had been strict compliance with the Judge’s order.

Justice Alhaji Momoh Jah Stevens made another order for a subpoena to be served on Dr Tamba T. Lebbie to go and explain in simple language the medical recommendations relating to the health of the accused Ikubolaje Nicol.

Also, to tell the circumstance giving reasons why the accused should not be hospitalized at the Correctional Centre with the same medical attention as in the case of older inmates.

He also cautioned the Correctional Officers not to allow other doctors or nurses who are not approved by the Court to see the accused person. The accused Ikubolaje Nicol is answering to counts of manslaughter, related to the death of Sinnah Kai Kargbo, former employee of the Skye Bank.