Justice Augustine K. Musa has warned state prosecutors to lead in their first three witnesses at the next adjourned date of the Ekubolaje Nicol manslaughter trial or else he would decide on what to do.

“Make sure you bring your witnesses.

No further excuses” and that, “the fact that this is the third time those witnesses are testifying is the only reason I am considering to adjourned,” Justice Musa warns.

This was after the state failed to lead in their first witness on Friday July 4, 2025, marking the two consecutive hearings of the manslaughter case over the death of Sinnah Kai Kargbo, who was believed to be the accused’s girlfriend.

On the last hearing, June 13, the day the accused took his plea of not guilty to all the three offences of conspiracy to commit murder, manslaughter and perverting the course of justice, the lead state prosecutor, Yusuf Isaac Sesay promised to bring in more than one witness.

However, the lead state prosecutor informed the court today that they are struggling to get their witnesses after saying that this would be the third times those witnesses would be testifying in the same trial.

This is after the case is being heard before three different judges after it had been committed for trial from a magistrate court since 2023.

“We are faced with serious challenges. Some of the witnesses have been testifying before other judges. So they are going through serious challenges. Some the witnesses have even forgotten about this case,” the prosecutor told the court.

He went on to say that “some of the witnesses’ addresses have change. When some of those people are being challenged, you don’t always have absolute control over them. We will bring witnesses, but it will take us a continued effort, which we will continue to do,” he said while emphasizing that they don’t have the spirit of giving up.

In his response, the lead defence lawyer, Rowland Wright reminded the bench about how it had stressed on speedy trial. He said over two weeks back, the state prosecutor promised to bring more than one witnesses.

“He is simply ignoring the fact that the accused has been on remand for over three years. He is only saying they will endeavour to bring witness, not saying when they will bring witnesses,” he said.

The defence further said the fact that the prosecution is saying they will make effort to ensure they go after those witnesses shows they have serious challenge in getting the witnesses.

“In that circumstance, I am applying for a bail for the accused,” while pointing out that bail had been granted in many manslaughter cases.

Earlier in the day, the judge granted the prosecution’s application for trial by judge alone, which the lead prosecutor, Sesay said the application was to ensure justice and speedy trial.

It could be recalled that the trial judge had at the commencement of the case on Friday June 13, 2025 promised to conclude the case for both prosecution and defence in one month starting from July 4, before going for vacation.

The accused, Nicol is indicted on three counts ranging from conspiracy to commit felony, manslaughter and perverting the course of justice. Court files indicated that the offence occurred on October 16, 2022.

The accused remains on remand and the case resumes July 18, 2025.