By Feima Sesay
Justice Alhaji Momoh Jah Stevens has on Tuesday 11th June 2024 made an order for a subpoena to be served on the medical superintendent of the correctional facility Dr Tamba T. Lebbie to come and explain to the court the health condition of the accused Ikubolaje Nicol.
This order came after the State Counsel Lawyer, Aruna Jalloh, applied for the accused to be returned to prison and continue his medication because the Correctional Service failed to comply with the order of the court to update the court on the health condition of the accused after every two weeks.
Prior to the ruling of the court, the State Counsel Aruna Jalloh made an application for the accused to be taken back to the Correctional facility because the Correctional facility failed to adhear to the court order that they should update the court on the accused’s health condition after every two weeks whiles the trial is ongoing.
According to him, the Correctional Service has not been compliant with that said order from the judge dated 14th May 2024.
In the circumstance applied for the accused to be returned to the Pademba Road Prison pending all other medical reports.
Defense Lawyer, Anrite C. Thompson, in reply opposed to the application made by the prosection on the following grounds that, the order of the court had been fully complied with by the Correctional Service, through two letters that were addressed to the court both dated 27th May 2024 respectively.
The first letter, he said, was from the medical superintendent of the Correctional Service to the learned judge title report on the accused Ikubolaje Nicol age 48 years.
The letter was a full reports pursuant to the court order on 14th May 2024 and had complied with the order.
After the order on 27th May 2024, the next order he said was due on 11th June 2024. The order of the court he said had been duly complied with suffice to say that the only way the court could know the status of the accused health is through those reports which he said was an obligation of the Correctional Service.
In conclusion said the last report showed that the accused was still in a very precarious health situation and it was for the court to be updated again by another reports as to whether that condition had been improved or not.
Therefore, he said Counsel’s submission that there had not been any compliance with the order of the court must be completely rejected as there had been strict compliance with the judge order.
Justice Alhaji Momoh Jah Stevens made an order for a subpoena to be served on Dr Tamba T. Lebbie to come and explain in simple language the medical recommendation relating to the health of the accused Ikubolaje Nicol thereby telling the circumstance and giving reasons why the accused should not be hospitalized at the Correctional Center with same medical attention as in the case of other inmates.
He also cautioned the Correctional Officers that no other doctor or nurse was allowed to see the accused persons who was not approved by the court unless doctor Lebbie the medical superintendent of the Correctional facility.
The matter was however adjourned to Friday 14th June 2024.
