Sierra Leone Telegraph: 9 November 2021:
Presiding Magistrate of the Makeni Magistrate Court – Mustapha Brima-Jah, has remanded seven accused persons at the Makeni Correctional Center for various criminal offences including alleged illegal mining.
Ikechuku Williams, a Nigerian and four Ghanaian citizens were alleged to have on Wednesday 6th October, 2021 at Kabba Ferry River, in Tambaka Chiefdom in Bombali District, involved in mining activities without acquiring the appropriate licences in breach of Section 21(2) of the Mines and Minerals Act, 2009 Act No. 12 of 2009.
The Magistrate denied bail after the testimony of the 2nd Prosecution Witness, Detective Sergeant Pa Momoh P Kamara, attached to the Mena Police Division.
In his testimony, the 2nd Prosecution Witness told the court that the accused persons were arrested and brought by the Resident Minister of Northwest. He said that he obtained statements from the Minister, Mrs. Haja Kamara, and the accused persons. He said he later conducted an investigation and thereafter charged the accused persons.
In another related matter, Magistrate Brima-Jah denied admitting accused Lamin Koroma to bail for dangerous driving. It’s alleged that accused Koroma on Friday 24th September 2021 at around 10:00 hours at Yankasa Village along Makeni – Lunsar Highway, in the Makatrie Chiefdom in the Bombali Judicial District, while driving one Terrado Jeep with Registration No. ANF 777, drove in a dangerous manner causing injuries of aggravated nature to Joseph Yomba who is currently at the Emergency Hospital in Freetown.
In his Application for bail in respect of the accused Koroma, Lawyer Mansaray said the Application was made pursuant to Section 79 subsection (1) and (2) of the Criminal Procedure Act 1965.
Requesting bail, Lawyer Mansaray reiterated that bail is the discretion of the Magistrate, adding that the accused person is a peaceful citizen who has been very cooperative with the court.
He revealed that the accused is a father of three and the principal breadwinner of his family. He went on to state that his time in detention has created lot of problems for the family as his children are not going to school and the wife is presently sick.
He informed the court that the family of the accused had made frantic and successful efforts in reaching the family of the injured victims.
He assured the Magistrate that his client is not a flight risk and he will avail himself in court whenever he is needed.
Responding to the bail Application, Magistrate Brima-Jah said the offence for which the accused is charged is a serious one – dangerous driving contrary to Section 99 (1) of the Road Traffic Act No. 5 of 2007.
“I will consider the issue of bail on next adjournment, the matter is adjourned to 10th November, 2021,” said Magistrate Brima-Jah.
In another criminal matter involving domestic violence, Magistrate Brima-Jah refused bail to Abu Bakarr Sesay who is before the court for Domestic Violence contrary to Section 2 (1) (a) of the Domestic Violence Act No. 20 of 2007.
The particulars of offence stated that the accused Abu Bakarr on Friday 29th October, 2021 at John Tucker Street in Makeni physically abused her mother, Umu Kargbo, and threatened to kill her with a cutlass. Magistrate Brima-Jah remanded him in custody and adjourned the matter to the 10th November, 2021.
I think it is about time our judges and the judiciary starts to take action and interpret the laws of our land without fear and favour. Because in most democracies the judiciary is the main armed of government that upholds, defend and interpret the laws of the lands. When this laws are formulated and debated and passed by our parliamentary majority, they are not conjured up because some over jealous public officials wants to take control of our lives by wanting to monitor and dictate our behaviour, but to protect the country and you the citizens of the state from bad actors that tried to undermined the compact between the citizens and the state. For far too long Sierra Leone is seen as a soft touch by foreigners that comes to exploit our country, for their own benefits, without obeying the laws of the country. And being one of the most open and tolerant nations on earth, sometimes foreigners feels more at home in our country and to some extent they feel they can get away with murder with out suffering the consequences.
Not long ago it was a Chinese national abusing a Sierra Leonean. Can you imagine if that’s the other way around.? Now we are dealing with Ghanaian nationals accused of engaging in illegal activities.And Ghana is one of those countries that will not entertain this sort of behaviour from foreigners. Just ask Nigerians on how nationalistic Ghanaians can be when it comes to the infringement of their sovereignty. The problem we had in the past, the judiciary have laid dormant and corrupt for so long, anyone with money can buy his way out of trouble. I hope this is a new dawn in the way our judiciary execute the laws of our lands.
If we had a strong and independent judiciary, our countrys desires for democracy and development will be a sure guaranteed. In the absence of that, our laws will be replaced by the laws of the jungle. Or for better use of words survival of the fittest. In which case justice for you and me only applies if we have the means and connection to the government of the day. In other words our judges become like hire taxis. Or Uber judges. Those with the means and connections get away with murder. Those without like the average joe bollocks in the streets spend all his life on remand in Pademba Road prison never seeing a lawyer or why they are there in the first place. I hope this send a clearer message to foreigners that Sierra Leone is not a soft touch.
I know, what next driver John Smith.
Please note that there is no such title as “Lawyer Joe Bloggs”. Only in Sierra Leone are people using such a stupid title. Even the Nigerians have banned the use of it!