𝐁𝐲 𝐉𝐚𝐧𝐞 𝐁. 𝐌𝐚𝐧𝐬𝐚𝐫𝐚𝐲.
The alleged murder case between the State and against the former Skye Bank General Manger, Ikubolaje Nicol will come up today Tuesday 6th February 2024, at the High Court before Justice Adrian Fisher for trial by a Judge and Jury.
The trial by a Judge and Jury was a unanimous decision taken by the Supreme Court, presided by Justice Vivian Solomon, Mohamed Deen Tarawally, Alusine Sesay and Jamestina King, taken.
Delivering the ruling, it was stated that the accused has right to same treatment for fair trial as others who have faced murder charges since the abolition of the death penalty in 2021.
In her 27 page ruling, the Presiding Justice Vivian Solomon said that the Court has not been made aware of any greater risk to the public, any need for a trial by Judge alone, any issue which requires a more specialist inquiry than a layman could make, any risk or actual incident of jury tampering, and in short, there is no demonstrable risk to the administration of Justice.
Justice Solomon also said that the court has received no evidence and heard no submissions as to what distinguishes the case of Ikibolaje Nicol and what makes it one in which a jury should not be used.
In the absence of such evidence, Justice Solomon said that the decision appears to be arbitrary and is to deny him his rights under the constitution.
“It is my view that in the interest of Justice the second respondent herein will not receive fair trial were I to accept that he can be tried by Judge alone. To do otherwise will set a dangerous precedent; the interest of Justice is best served when all prosecutions are conducted and seen to be conducted objectively, fairly, impartially and with integrity to help secure Justice for victims, witness, accused persons and the general public,” Justice Vivian Solomon.
Prior to the passing of the abolition of the death penalty Act of 2021, Solomon said a fair trial for murder would have meant a trial by Judge and Jury, adding that such right has not been abrogated but only abolished the sentence and not the mode of trial for that special category of offences.
The right to jury trial is a fundamental right at common law. Even where Parliament sought to limit that right, it retained it for some offences. Murder being one of them and inserted a safeguard of the general interest of Justice.
Justice Vivian Solomon cautioned that it is not the role of the prosecutor to seek conviction at all costs but has among other duties in a criminal trial to present the case to the court by assisting the court to arrive at the truth and achieve justice for the victim and the community.
On the 19th June, 2023, High Court Judge Justice, Adrian Fisher made application to the Supreme Court seeking interpretation for a Judge alone application made by the Attorney General in the case of conspiracy to murder, murder and perverting the course of justice.
The application by the Attorney General was objected to by Lawyer Roland Wright, Counsel defending the accused Ikubolaje Nicol.
Lawyer for the State, Ahmed James Maxwell Bockarie said that Paragraphs 61 and 62 of Justice Fisher’s ruling at the High Court had addressed the issue of contention on fair trial.
Trial by Judge alone, he said is the sole discretion of the Attorney General or the Director of Public Prosecution.
Justice Alusine Sesay informed Counsel that setting bad precedent has its own implications and that the matter before them at the Supreme Court is a big task.
Lawyer Roland Wright argued that the State in their written submission did not address the questions and issues raised by the High Court which were before the Supreme Court and also failed to distinguish between the principles generally and how such issues affect the accused personally thereby believing that they (the State) are restating their initial position.
The Attorney General, Mr. Wright said, is in contravention of Section 23 of the 1991 Constitution which provides over fair hearing.
He said treason and murder have always been treated as a special category of offenses which the laws have recognized throughout.
The former Skye Bank General Manager Ikubolaje Nicol is accused to have on a date between the 15th and 16th October 2022, at Leicester Village in Freetown Western Rural Area conspired together with other persons unknown to murder Sinnah Kai Kargbo, an employee of Skye Bank
