S v Ikubolaje Nicol (MISC 3/2024) [2025] SLSC 1 (12 February 2025)

IN THE SUPREME COURT OF SIERRA LEONE IN THE MATTER OF OF AN APPLICATION BY WAY OFJUDICIAL REVIEW TO PROHIBIT THE HIGH PRESIDED OVER BY THE HON MR. JUSTICE STEVENS SIFTING IN ITS CRIMINAL JURISDICTION FROM PROCEEDING WITILTIIE MATTER THTLED: HIE STATE: V IKUBOLAM NICOL AND TO QUSH ANY DECISION JUDGEMENT OR ORDER EMANATING FROM, THE SAID PROCEEDINGS AND IN THE MATTER OS SECTIONS 125 AND 23 OF HE CONSTITUTION OF SIERRA LEONE 1991 AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW MADE PURSUANT TO RULE 98 OF THE SUPREME COURT RULES 1982, STATUTORY INSTRUMENT NO.1 OF 1982 AND ORDER $2 RULES 1-3 OF THE HIGH COURT RULES 2007 BETWEEN: IKUBOLASI NICOL = Accused/Respondent AND: THE ATTORNEY GENERAL MINISTER OF JUSTICE = Respondent/Applicant

Coram

HON MR. JUSTICE ALLAN B, HALLOWAY JSC HON MR. JUSTICE ABDULAI M. BANGURA JSC (Presiding) HON MR. JUSTICE MONFRED M.SESAY JCA COUNSEL O.1. KANU FSQ., A.M BOCKARIE FSQ.and A. JALLOIL ESQ. For the Respondent/A ppicant RSV. WRIGHT ESQ. and A.C. THOMPSON ESQ. For the Accused/Respondent

nULANG pEavereD ov tHe 2th pay or Phmetig ---ams By Notice of Motion dated the 27" November 2024, the Respondent/Applicant herein, The Hon, Attorney General and Minister of Justice, came before this Hon. Court for the following Orders: |. That this Honourable Court prohibits the Hon. Mr Justice Allan B, Halloway JSC. from continuing hearing. presiding over and proceeding with the matter between tkubolaje Nicol and he State, imttuled Mise. App. No3/2024, pending before the Supreme Court in the interest of Justice

2. That this Honourable Court vacates the interim stay of proceedings of the matter intituled TE SUATE Vs. IKUBOLAJ NICOL pending at the High Court, granted by the Honourable Mr Justice Allan B. Halloway JSC, on the Ist day of July 2024,

3. Any further Order(s) that this honourable Court may deem fit and just 4. ‘That cost ofthis Application shall be cost in the eause The Application aforesaid is supported by an Affidavit of even date, sworn to by a Yusif Isaac Sesay. of the Law Officers Department, Attached tothe said Affidavit are the following exhibits: Exh "YISI" ‘The Interim Order of this Court staying the proceedings in the High Cour. in the Matter between The State vs. Ikubolaji Nicol, pending the hearing and determination of the substantive Application herein. Exh. YIS2 1-10" are photographs of His Lordship The Hon Allan B. Halloway JSC and his wife Mrs Henrictta Sia Halloway, allegedly taken at a Quimanora Africana Ball held in the United States of America, on the 20th August 2019 and at other events, including those taken al the couple's residence in the USA,on the 11th September 2016 and 10th September 2017 respectively and one at His Lordship's residence here in freetown. ‘Three of those exhibits are photographs depicting Accused/Respondent and other people, His Lordship aforesaid inclusive, at the same Quimanora event in the USA. ‘ALL. of the said photographs were harvested from the Facebook pages of His Lordship and the Accused/Respondent. In opposition to the said Application, the Accused/Respondent by his Counsel, filed an ‘Aifidavit deposed to on the 29th November 2024,by one Mohamed Neuf Bah, atthe instance of his lead Counsel, ‘There are no exhibits attached to the said Affidavit

BRIEF BACKGROUND OF THE FACTS LE: : FACTS LEADING TO THIS APPLICATION fon the 12th day of April 2024.the Ace : yy of April 2024.the Accused/Respondent herein, was arrainged before the High Court, Presided over by the Hon, Justi 1, Justice Momoh Jah Stevens JA, on a three cou indictment dated the 18th March 2024, eh _ " |. charging the offences of Conspiracy to Murder, Manslaughter and Perverting the course of Justice. : In the cours ce at C owe © of * proceedings in that Court His Lordship the presiding Judge, granted certain Orders and alleged certain pronounceme sen edly made certain pronouneements the defence deemed prejudicial to Consequently, on the 10th May 2024, Accused/Respondents Couns filed an Applicaton 10 this Court by Originating Notice of Motion (ONOM) praying for Orders as set ton the face of the said Motion, fom the 24th may 2024, an Interlocutory Notice of Motion was again filed by the Accused/Respondent herein, praying for further Orders. The Respondent/Applicant herein 4d not file any process in response to both Applications cn the 1st July 2024 when the 2nd Application came up for hearings the Cour grated a stay af proceedings ofthe criminal matter in Ue High Coun the presence of Counsel for both partes, I was only after this Order tha he Respondent Applicant filed a statement of cise cm the Sth July 2024, responding tthe ONOM hen the substantive Application came up fr earn °° the 16th October 2024, Counsel for the RespondenU Applicant apparel aBaiewed by the Order ofthe Ist July 2024, staying the proceedings inthe High Court ise a2 jection othe presiding judge the Hon Alan i. Halloway JSC, continuing to sit andor preside ove the sid Application, onthe ss that, itis Lordship is # member of the SA vib Quimanora, with te Aesused Respondent 2d they have developed relationship tha as wanscended mere fendshp and vansiioned 18 brotherhood ris according 10 them, 85 demonsrated by the grant of the Order of Is Ist July 2024, exclusively by His Lordship, without being moved or hearing Respondent Applicant the Court dreted tha, the Application tor reusal be made in writing, in PUSAN which incon this Applicaton was filed on Me ah November 2024

the return date of their Application herein, lead Counsel for the Respondent/Applicant vain objected to the Hon. Allan B. Halloway sitting on this Application for his recusal. He submitted that, His Lordship sitting as part of the Panel hearing this Application, will be doing do as a judge in his own cause. He was overruled and asked to proceed with his Application on the following grounds: i, Excluding His Lordship from the panel hearing this Application, will be prejudicial in effect ii, ‘The Court also drew an analogy that, Applications for recusal of judges of the High Court, are heard and determine by the very judges sought to be recused, sitting alone. In the recent supreme Court case of PATRICK JOHN AND ANOTHER Vs. MOHAMED KONNEH, ELECTORAL COMMISSION FOR SIERRA LEONE AND ANOTHER (2024) unreported, The plaintiffs by their Counsel Applied for the recusal of two members of the Panel, namely, His Lordship the Honourable Chief Justice then D. B, Edwards and A. I. Sesay JA of blessed memories. Counsel for the plaintiff C. F Margai esq further Applied that the two justices in issue should not be part of the Panel hearing the Application for their RECUSAL. ‘At the time the substantive Application came up for judgement, within which the Application for recusal was considered, His Lordship the Hon. Chief Justice then had proceeded on Leave. The Court however did not countenance the recusal of His Lordship A. I. Sesay, who ‘was still part of the Panel that delivered the Judgement in issue,refusing his recusal. Judicial precedents galore on this subject, However, in faimess to the Respondent/Applicant and out of an abundance of caution.even though Hlis Lordship was not excused from the panel, I was asked to preside over this Application, in his place and stead,

LEGAL SUBMISSIONS BY COUNSEL ON BOTH SIDES Respondent/Applicant’s Counsel Applied to invoke Rule 97(1) of this Court's Rules, allowing him to rely on his Application, its supporting Affidavit and their Statement of case dated the 27th November 2024, without more, unless the court would want to hear him on any specific issue. The Court granted his Application to rely on their processes filed [iy the contents of those processes, Counsel for the Respondent/Applicant Applied for the Recusal of the Hon. Justice Allan B. Halloway JSC, from continuing to sit, reside over and/or

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