Supreme Court Reserves Ruling in Former Skye Bank Manager’s Murder Case

The Supreme Court of Sierra Leone has reached the conclusion of its proceedings and has reserved its ruling regarding the Attorney General’s application for a judge-alone trial in the murder case of the former Skye Bank General Manager, Ikubolajeh Nicol.

This motion, which had been referred to the highest court in the land by Justice Adrian Fisher back in June of this year, faced a formidable challenge from Lawyer Roland Wright.

During oral submissions made on Wednesday, October 11th, Lawyer Roland Wright underscored the inadequacy of the state’s written submission, arguing that it failed to address the questions and issues initially raised in the High Court. He also pointed out that the submission did not effectively distinguish between general principles and how these issues personally impact the accused, essentially restating the original position.

Mr. Wright put forth a crucial argument, highlighting that since the abolition of the death penalty, all murder cases, including that of his client Ikubolajeh, have been tried by a judge and jury. This raised the fundamental question of why this specific case should be considered an exception.

Additionally, he drew attention to the absence of examples of murder cases tried without a judge and jury by the Attorney General’s office since the death penalty was abolished. In his view, this was a potential violation of Section 23 of the Constitution, which guarantees the right to a fair trial.

Mr. Wright emphasized the importance of upholding established legal precedents to ensure due process and fair trials, noting that murder and treason have historically been treated as special categories of offenses under the law.

He concluded by stressing that any subjective power granted to the Attorney General should be exercised objectively, and that the guidance of the Supreme Court is crucial to ensure fairness and consistency.

Principal State Counsel Ahmed James Maxwell Bockarie, in response, referred to paragraphs 61 and 62 of Justice Adrian Fisher’s ruling in the High Court, which had addressed the issue of fair trial. He emphasized that the discretion to conduct a trial by a judge alone lies with the Attorney General or the Director of Public Prosecution.

Regarding the question of setting a legal precedent, Mr. Bockarie explained that there were no other murder cases pending trial in the High Court for which the Attorney General had applied for a judge-alone trial. He did acknowledge that other murder cases before Justice Adrian Fisher had been designated for trial by a judge and jury due to previous applications.

Justice Alusine Sesay issued a reminder about the potential consequences of setting a bad precedent, underscoring the magnitude of the case before the Supreme Court. This development now leaves the decision in the hands of the highest court, awaiting their ruling on the Attorney General’s application for a judge-alone trial in the murder case of Ikubolajeh Nicol.