The Supreme Court has upheld a High Court decision ordering a fresh trial in the murder case involving Kumba Sinyan. The ruling came after the Supreme Court rejected the State’s argument that restarting proceedings would amount to a miscarriage of justice. Ms. Sinyan was first arraigned on November 9, 2022, and is charged with the murder of Lamarana Jallow. The incident occurred at the Friendship Hostel.
Background of the Case
Prosecutors allege Lamarana Jallow died after his stomach was cut with a razor blade. The trial commenced before Justice Sidi K. Jobarteh, with the prosecution presenting ten witnesses and tendering eighteen exhibits before closing its case on March 14, 2024. Kumba Sinyan then began giving evidence on June 26, 2024, continuing over six consecutive sittings.
Justice Jobarteh went on maternity leave in September 2024, and upon her return, the matter was reassigned to Justice Adenike J. Coker. Subsequently, defence counsel applied for the trial to begin afresh, citing the High Court Practice Directions. On April 2, 2025, Justice Coker ruled in favour of the defence, ordering that the matter start de novo. The High Court stated, "The position of the law must guide the Court. In a criminal trial such as this, for the capital offence of murder, the accused person must be given every opportunity to properly present her case."
Legal Challenge and Rulings
The Attorney General’s Chambers subsequently filed a case before the Supreme Court, challenging the High Court’s ruling for a fresh trial. The State argued that the High Court Practice Directions of 2013 and 2019, which underpinned Justice Coker’s decision, were unconstitutional and inconsistent with fair hearing principles. While the Supreme Court application was pending, the State successfully applied for a stay of proceedings before the High Court. Justice Coker granted this stay on June 4, 2025.
The Supreme Court ultimately reaffirmed that an accused person in a capital case has the right to present their defence before a judge who has heard all the evidence from the beginning. The court’s decision effectively upheld the High Court’s position that "The position of the law must guide the Court. In a criminal trial such as this, for the capital offence of murder, the accused person must be given every opportunity to properly present her case." The ruling confirmed the constitutionality of the High Court Practice Directions of 2013 and 2019.
Supreme Court's Affirmation
The Supreme Court affirmed the validity of judicial practice directions, which mandate that criminal proceedings must restart when a new judge assumes a case and the accused does not consent to continue from the point where the previous judge concluded. This decision by the Supreme Court means the case against Kumba Sinyan now returns to Justice Adenike J. Coker for a new hearing. The proceedings will commence afresh before Justice Coker, ensuring that all evidence is heard by the same judicial officer who will render a verdict. The court's affirmation reinforces the procedural requirements for a fair trial, particularly in capital offense cases, by ensuring judicial continuity for the accused.