By Feima Sesay
Lawyer Rowland Wright defense Counsel representing Ikubolaje Bola Nicol in the ongoing manslaughter matter has on Friday 10th May 2024 informed the court that his client Ikubolaje Nicol was removed from hospital bed at Connaught hospital to prison.
He also told the court that the accused was transferred to prison by unknown officers who said it was an order from above to move him from the hospital.
He made his submission before Justice Momojah Stevens at the Sexual offenses model court in Freetown.
Lawyer Wright in further submission said after the last hearing on Tuesday, immediately after the accused returned to his hospital Ward, certain officers claiming to be acting on orders from above without any documentation to the effect thereby no letter from the authority and without disclosing the sources of the orders from above took the accused from hospital bed to the Pademba Road prison.
He said this amounted to significant interference with the current treatment that the accused was taken, adding that they joepadized his right.
He continued that the accused Nicole had an attack recently and that was brought to the court’s notice.
He said the accused was under the supervision of the court and not any other arm of government, adding that it was the court that remanded him.
Lawyer wright furthered that the accused is presumed innocent until proven guilty, adding that it is only after the accused has been found guilty and sentenced to jail term that the correctional center can have him but for now he is under the court’s supervision.
He said there was no documentation to the effect and that means anyone can take the accused from his hospital bed to anywhere he may not know.
He said there was no document from prison neither the court authorizing his movement.
He said this was an unlawful decision and no one showed up that he or she gave the decision for the accused to be removed from hospital bed to prison.
“Orders from above is not an excuse to breach the right of the accused” he submitted.
He implored the court to send a serious message to “Mr Above” that he should not interfere with the health of the accused especially when he is under the supervision of the court.
Counsel Wright said on 27 February, 2024, an order was given by Justice Adrian Fisher after refusing bail that the accused should be remanded at connaught hospital for his treatment, adding that until that order is reversed, he should remain at the hospital.
He further submitted that that they did not know where to find ‘Mr above’ as he should be in court for contempt.
He plead for the judge to make a fresh and immediate order that the accused returned to the hospital for continuation of this treatment.
He said death penalty has been abolished and it should not be used on his client.
In reply to his submission, state Counsel A Jalloh said the accused was once remanded at the Correctional Center and the Correctional Service have jurisdiction over the accused in terms of welfare and other issues until his remand is revoked.
He referred the court to Form 5 of the second schedule of the Criminal Procedure Act No. 32 of 1965 and also section 5 of the Sierra Leone Correctional Act of 2014 which says the Director General is in charge of the welfare of inmates.
He added that what Defense Counsel was asking was for the judge to interfere with the management of the Director General.
He said pursuant to the order given by Justice Fisher was for the accused to be given medical treatment in care of the correctional center.
He submitted that if the accused had any issues with the magement of the correctional center, he should file an affidavit before the court which had not been done.
He said this court could not interfere with the management or control of the correctional center.
He said whether the accused was at Connaught or 34 hospital, he was still under the correctional center.
He said if the Correctional Center could not give the accused his treatment he deserved, they would provide one but should not stay at Connaught hospital.
He said if that happened, it would open floodgate for other Inmates to decide where they should be remanded.
Defense Counsel Wright in second bite said the medical facility was not there to treat the accused and that was why he was referred to the Connaught hospital.
He said the issues he was dealing with was the court order that was given by the court for the accused to be at Connaught hospital to receive his treatment.
He added that On 27 February when bail was refused by Justice Adrian Fisher, he then ordered that the accused being remanded at the Connaught hospital for him to receive his treatment.
He said the section cited by State Counsel about the Director of Correctional Center deals with the internal working of the Correctional Center and all what he was arguing about was the contempt of the court that had been breach.
He said throughout his submission, he mentioned orders from above but did not know who the person was and now state Counsel Jalloh has referred the order from above to be the Director General of the Correctional Center.
He said officers went to the hospital with no document and they said they had instructions from ‘orders from above.’
He said if the officers should have shown documents there would be no need for him to be arguing in court on the matter.
He said it is in record that the Correctional center agreed that the accused be in the hands of specialist as they donot have the facility.
He ended his submission by saying that the health and life of the accused lies on the hands of the judge.
After the argument, Justice Steven ordered the Director General of prison to furnish the court with documents pertaining to the welfare, custody and health status of the accused and should present it on the next adjourned date.
In that light, Chief Inspector Brima Sama attached to Law Officers Department took the witness stand.
He said his duty is to receive subpoena and serve their witnesses.
Inspector Sama recalled on 8 May, 2024, adding that he was on duty when he received subpoena from Lawyer Aruna Jalloh to serve Doctor Mohamed Alie Bangura of Shuman hospital at Pultney Street and 42 Adonkia Road Goderich Freetown.
He said upon receiving the subpoena, he left the office for shuman hospital at Pultney Street and upon arrival, he went to the reception and asked for Doctor Mohamed Alie Bangura but was told that he was no longer working at the hospital for quite a long time.
He said he then left and proceeded to Goderich – the premises of Doctor Bangura but he was unable to locate the house.
He furthered that he made enquiry about Doctor Mohamed Alie Bangura and no information was given to him and he returned to the office with the supbena and informed counsel A. Jalloh.
He said he also tried to reach him on his phone number
034-133466, but the number was switched off.
In cross examination of Inspector Sama by lawyer Rowland Wright, he said he did not know Doctor Bangura personally.
At this juncture, the prosecutor requested for an adjournment and the matter was adjourned to Tuesday 13 May, 2024.
Bola Nicol : from hospital to Prison again !
By Feima Sesay
Lawyer Rowland Wright defense Counsel representing Ikubolaje Bola Nicol in the ongoing manslaughter matter has on Friday 10th May 2024 informed the court that his client Ikubolaje Nicol was removed from hospital bed at Connaught hospital to prison.
He also told the court that the accused was transferred to prison by unknown officers who said it was an order from above to move him from the hospital.
He made his submission before Justice Momojah Stevens at the Sexual offenses model court in Freetown.
Lawyer Wright in further submission said after the last hearing on Tuesday, immediately after the accused returned to his hospital Ward, certain officers claiming to be acting on orders from above without any documentation to the effect thereby no letter from the authority and without disclosing the sources of the orders from above took the accused from hospital bed to the Pademba Road prison.
He said this amounted to significant interference with the current treatment that the accused was taken, adding that they joepadized his right.
He continued that the accused Nicole had an attack recently and that was brought to the court’s notice.
He said the accused was under the supervision of the court and not any other arm of government, adding that it was the court that remanded him.
Lawyer wright furthered that the accused is presumed innocent until proven guilty, adding that it is only after the accused has been found guilty and sentenced to jail term that the correctional center can have him but for now he is under the court’s supervision.
He said there was no documentation to the effect and that means anyone can take the accused from his hospital bed to anywhere he may not know.
He said there was no document from prison neither the court authorizing his movement.
He said this was an unlawful decision and no one showed up that he or she gave the decision for the accused to be removed from hospital bed to prison.
“Orders from above is not an excuse to breach the right of the accused” he submitted.
He implored the court to send a serious message to “Mr Above” that he should not interfere with the health of the accused especially when he is under the supervision of the court.
Counsel Wright said on 27 February, 2024, an order was given by Justice Adrian Fisher after refusing bail that the accused should be remanded at connaught hospital for his treatment, adding that until that order is reversed, he should remain at the hospital.
He further submitted that that they did not know where to find ‘Mr above’ as he should be in court for contempt.
He plead for the judge to make a fresh and immediate order that the accused returned to the hospital for continuation of this treatment.
He said death penalty has been abolished and it should not be used on his client.
In reply to his submission, state Counsel A Jalloh said the accused was once remanded at the Correctional Center and the Correctional Service have jurisdiction over the accused in terms of welfare and other issues until his remand is revoked.
He referred the court to Form 5 of the second schedule of the Criminal Procedure Act No. 32 of 1965 and also section 5 of the Sierra Leone Correctional Act of 2014 which says the Director General is in charge of the welfare of inmates.
He added that what Defense Counsel was asking was for the judge to interfere with the management of the Director General.
He said pursuant to the order given by Justice Fisher was for the accused to be given medical treatment in care of the correctional center.
He submitted that if the accused had any issues with the magement of the correctional center, he should file an affidavit before the court which had not been done.
He said this court could not interfere with the management or control of the correctional center.
He said whether the accused was at Connaught or 34 hospital, he was still under the correctional center.
He said if the Correctional Center could not give the accused his treatment he deserved, they would provide one but should not stay at Connaught hospital.
He said if that happened, it would open floodgate for other Inmates to decide where they should be remanded.
Defense Counsel Wright in second bite said the medical facility was not there to treat the accused and that was why he was referred to the Connaught hospital.
He said the issues he was dealing with was the court order that was given by the court for the accused to be at Connaught hospital to receive his treatment.
He added that On 27 February when bail was refused by Justice Adrian Fisher, he then ordered that the accused being remanded at the Connaught hospital for him to receive his treatment.
He said the section cited by State Counsel about the Director of Correctional Center deals with the internal working of the Correctional Center and all what he was arguing about was the contempt of the court that had been breach.
He said throughout his submission, he mentioned orders from above but did not know who the person was and now state Counsel Jalloh has referred the order from above to be the Director General of the Correctional Center.
He said officers went to the hospital with no document and they said they had instructions from ‘orders from above.’
He said if the officers should have shown documents there would be no need for him to be arguing in court on the matter.
He said it is in record that the Correctional center agreed that the accused be in the hands of specialist as they donot have the facility.
He ended his submission by saying that the health and life of the accused lies on the hands of the judge.
After the argument, Justice Steven ordered the Director General of prison to furnish the court with documents pertaining to the welfare, custody and health status of the accused and should present it on the next adjourned date.
In that light, Chief Inspector Brima Sama attached to Law Officers Department took the witness stand.
He said his duty is to receive subpoena and serve their witnesses.
Inspector Sama recalled on 8 May, 2024, adding that he was on duty when he received subpoena from Lawyer Aruna Jalloh to serve Doctor Mohamed Alie Bangura of Shuman hospital at Pultney Street and 42 Adonkia Road Goderich Freetown.
He said upon receiving the subpoena, he left the office for shuman hospital at Pultney Street and upon arrival, he went to the reception and asked for Doctor Mohamed Alie Bangura but was told that he was no longer working at the hospital for quite a long time.
He said he then left and proceeded to Goderich – the premises of Doctor Bangura but he was unable to locate the house.
He furthered that he made enquiry about Doctor Mohamed Alie Bangura and no information was given to him and he returned to the office with the supbena and informed counsel A. Jalloh.
He said he also tried to reach him on his phone number
034-133466, but the number was switched off.
In cross examination of Inspector Sama by lawyer Rowland Wright, he said he did not know Doctor Bangura personally.
At this juncture, the prosecutor requested for an adjournment and the matter was adjourned to Tuesday 13 May, 2024.
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