Justice Alhaji Momoh Jah Stevens on Monday 10th March, 2025 granted bail to Zainab Kamara, the third accused on an application made on behalf of her Counsel representing the respondent M.S. Bangura, H.M. Gevao, M.A Fahad, and V. Yomah A. Jalloh M.S. Mangura Esq. addressing the judge that is an application by way of Notice of Motion for the following Orders.

The Affidavit in support is sworn by Mohamed Abdul Fahad sworn to on even dates as the date of the motion.

He further that there are four exhibits attached thereto.

MAF 1-is the charge sheet

MAF 2-is refusal of bail by the Magistrate Court

Exhibit MAF3- are copies of court records in the proceedings before the Magistrate Court.

He relied on the said exhibits in the said application and the paragraphs attached thereto particularly paragraphs 8-19. The accused persons have been coming to court most times in the absence of prosecution witnesses.

The accused are Sierra Leoneans. The refusal of bail by the Magistrate Court is creating a dim view of the law and its acceptability of the due process.

The reason for the refusal of bail, notwithstanding, this Court must grant bail. The essence of bail is not to punish. The presumption of innocence is a motion which the court should not turn a blind eye to. Referencing the judge to the proposition of law makes no room for paragraph 8, 9, 10, 11 and 12 of the Affidavit in opposition.

Responding to the Respondent’s Counsel the state prosecutor A. Jalloh Esq. said firstly they are opposed to the application for bail for the accused/applicants and they have filed our Affidavit in opposition taking into cognizance regulation 3. The said Affidavit is dated the 7th March 2025. He said they relied on the entirety of the Affidavit in opposition particularly paragraph 5 to 13 and urged the judge not to exercise his discretion in granting bail to the Accused/Applicants.

Meanwhile, Justice Alhaji Momoh Jah Stevens delivered a court order dated the 10th March, 2025 and granted the third applicant bail in the following under mentioned terms:

1- Bail is mainly granted to the 3rd accused

2- A surety must signed a bail bond of one hundred and fifty thousand new leones, though not to be paid now but the said amount shall be forfeited to the State if the 3rd Accused/Applicant jumps bail.

3- The surety must be a holder of a current national ID card issued by the NCRA.

4- The surety must be a holder of a title deeds and the said property must be situated in the Western Area.

5- Picture clause applies that is the photo size passport pictures of the 3rd Accused/ Applicant and the surety.

6- The Bail to be approved by the Master and Registrar High Court with the aid of the Lead Police Prosecutor at the said

Magistrate Court for of the vetting of the surety since the preliminary investigation is in progress.

7- The 3rd Accused/Applicant must be signing a rooster at the Master’s and Registrar’s office one every fortnight that is on Monday intervals.

8- Liberty to apply

These accused persons

Andrew Momoh Jah a bike rider, Daniel Kamara a Labourer, Zainab Kamara a businesswoman and Thomas Leigh Koroma unemployed are standing trials before Magistrate Sahr Kekura of Pademba Road court No.1 in Freetown on thirteen count charges to wit manufacturing a prohibited drug without lawful authority, producing a prohibited drug without lawful authority, transporting a prohibited drug without lawful authority, collecting a prohibited drug without lawful authority, supplying a prohibited drug without lawful authority, selling a prohibited drug without lawful authority, dealing in a prohibited drug without lawful authority, possession of a prohibited drug without lawful authority, possession of a substance used for the manufacturing of a prohibited drug without lawful authority, transporting materials use for production of a prohibited drug without lawful authority, transporting substances use for the production of a prohibited drugs without lawful authority, keeps a prohibited drug without lawful authority and keeps substance use for the production of prohibited drug without lawful authority

According to the particulars of offence on Wednesday 20th November, 2024 at No.66 Kanu Drive, Temne town, Allen Town the western area in Freetown were found manufacturing kush without lawful authority.

Count two further stated that on the same date and place the accused persons were found producing prohibited drug Kush without lawful authority.

Count three further stated that on the same date and place the accused persons were found transporting prohibited drug without lawful authority

Count four further stated that on the same date and place the accused persons collects prohibited drugs without lawful authority

Count five further stated that on the same date and place the accused person’s supplies prohibited drugs without lawful authority

Count six on the same date and place the accused persons sells a prohibited drug without lawful authority

Count seven stated that on the same date and place the accused persons deals in a prohibited drug without lawful authority

Count eight stated that on the same date and place the accused persons were found in possession of prohibited drugs without lawful authority

Count nine stated that on the same date and place the accused persons were found in possession of substances used for the Manufacturing of prohibited drugs without lawful authority

Count ten stated that on the same date and place the accused persons were found transporting materials used for the production of prohibited drug without lawful authority

Count eleven stated that on the same date and place the accused persons were found transporting substances used for the production of a prohibited drug without lawful authority

Count twelve stated that on the same date and place the accused persons keeps a prohibited drug without lawful authority

Count thirteen stated that on the same date and place the accused persons keeps substances used for the production of prohibited drug without lawful authority