Justice Fisher Substitutes Sentence for LAJ Brother & Others

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By Feima Sesay

Ishmael Bah, Mohamed Saidu Bah, Zulaika Jabbie, Abibatu Sesay, Isatu Cece Samura, Isatu Kargbo, Bintu Bangura, Ibrahim Bangura, Suliaman Shaw, Samuel Waba Samura and Ibrahim Koroma made another appearance before Justice Adrian Fisher of the Freetown High Court in an appeal conviction that was given by Magistrate Mark Ngegba against the appellants at the Magistrate Court in Freetown.

Justice Adrian Fisher, after listening to the appeal made by the appellants, gave them a minimal sentence of twelve months imprisonment.

The appellants in this case were convicted by Magistrate Mark Ngegba on two counts charges of disorderly behavior and riotous conduct contrary to section 12 of the Public Order Act No.46 of 1965.

On 27th June 2022, Magistrate Ngegba found the appellants guilty on both count charges and sentenced them to eighteen (18) months imprisonment adding that the sentence should be concurrently and it was against this judgment that the appellants filed an Appeal at the High Court.

The appellants in their appeal made six ground foundations against their convictions by Magistrate Ngegba.

In summary of their appeals, the appellants appealed that the learned Magistrate materially erred in law in convicting them on the general offenses of disorderly behavior and riotous conduct.

They also appealed that the evidence led against them failed to support the elements of the offence of riotous conduct, adding that the testimonies of the prosecution witnesses failed to corroborate to prove the offense which they were standing trial for.

In review of the evidence before him, Justice Fisher said the learned trial Magistrate at Paragraph five (5) of his judgment said the appellants went to the OSD HQ demanding to see their relative and friend known as Alhaji Amadu Bah (LAJ).

He said the first prosecution witness explained in court that one of her superiors at the station came outside the station asking the appellants to leave the premises and he identified the first, second, eleven and twelve accused respectively.

Delivering his ruling, Justice Adrian Fisher quashed the sentence of Magistrate Ngegba which was eighteen months imprisonment and substituted the sentences of the appellants.

The first accused Ishmael Bah was sentenced to fifteen months imprisonment, adding that he was the ring leader for the disturbance that took place on that fateful day at the Police Station and his action was lawless and he has no right to demand to see his brother in custody only a legal practitioners has such right.

The second accused, Mohammed Saidu Bah, was also sentenced to fifteen months imprisonment saying that he was in close alliance with the first accused in organizing the event on that very day.

The fourth accused, Abibatu Sesay, was sentenced to twelve months imprisonment according to the judge she was identified as one of those causing the disturbances at the police Station and the sixth accused Isatu Kargbo was also sentenced to twelve months imprisonment as she was identified as one at the reception of the OSD HQ.

The eight accused Ibrahim Bangura, Suliaman Shaw, Samuel Waba Samura and Ibrahim Koroma were also sentenced to twelve months imprisonment, adding that all sentences should take effect from the day they were sentenced at the Magistrate Court.

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