The Supreme Court on Wednesday has upheld a High Court decision ordering a fresh trial in the murder case involving Kumba Sinyan and affirming the validity of judicial practice directions that require criminal proceedings to restart when a new judge takes over a case and the accused does not consent to continue from where the previous judge stopped.
In a ruling delivered on Tuesday, the court rejected the State's argument that restarting the proceedings would amount to a miscarriage of justice. The judges held that the High Court Practice Directions of 2013 and 2019 are constitutional and consistent with fair hearing principles.
State Counsel Abdulmuhsin A. Wakawa represented the State, while defence lawyer Sagar Twum appeared for Kumba Sinyan.
Kumba Sinyan was first arraigned on 9 November 2022 on a charge of murdering Lamarana Jallow at the Friendship Hostel. Prosecutors allege that Jallow died after his stomach was cut with a razor blade. Sinyan pleaded not guilty, and the trial began before Justice Sidi K. Jobarteh. The prosecution called ten witnesses and tendered eighteen exhibits before closing its case on 14 March 2024. The defence was due to open on 15 April 2024, but proceedings were delayed after defence counsel raised concerns about Sinyan's mental health. Following a court-ordered psychological assessment, she was declared fit to stand trial and began giving evidence on 26 June 2024, continuing over six consecutive sittings.
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The case took a new turn in September 2024 when Justice Jobarteh went on maternity leave. After her return, the Chief Justice reassigned the matter to Justice Adenike J. Coker, a newly appointed High Court judge. Defence counsel then applied for the trial to begin afresh, relying on the High Court Practice Directions, which require a 'de novo' hearing in criminal matters where a new judge assumes conduct of the case and the accused does not consent to continue from the previous stage.
"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 high court ruled. On 2 April 2025, Justice Coker ruled in favour of the defence, describing the Practice Directions as mandatory and ordering that the matter start de novo.
The Attorney General's Chambers filed a case before the Supreme Court, arguing that restarting the trial would not serve the interests of justice and would undermine public confidence in the judicial process.
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Prosecutors also warned that some witnesses had reportedly left the country and that restarting a trial that had already lasted more than two years would waste public resources.
While the application was pending before the Supreme Court, the State successfully applied for a stay of proceedings before the High Court. Justice Coker granted the stay on 4 June 2025, saying the balance of prejudice favoured the State while awaiting guidance from the Supreme Court.
The Supreme Court confirmed that the Practice Directions are constitutionally valid. In returning the case to the High Court for a fresh trial before Justice Coker, the court 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 case returns to Justice Adenike J. Coker for a new hearing starting fresh.
