Prosecution’s Attempts To Shift “Goalpost” In Ikubolaje Nicol Trial Rejected

By Aruna Momoh Kargbo

Justice Adrian Fisher has on Tuesday 5th March rejected an amendment by the state prosecution counsel in the ongoing murder involving Ikubolaje Nicol.

Rejecting the amendment to manslaughter put forward by the state prosecution, Justice Fisher stated that it will deprive the accused of a fair trial before the court.

That the amendment from murder to manslaughter will also remove the jurors from presiding over the matter which was brought before the court on the case of murder, and that it will contravene a supreme court ruling which ordered the case to be tried by a judge and jurors.

Noting that the action of the Attorney General is ultra-vires, Justice Fisher referenced a particular supreme court ruling which he said maintained that jury trial is significant in common law.

State prosecution counsel, Lawyer Yusif I. Sesay argued that the prosecution can make correctness to charges, and that the law gives power to the Attorney General to make amendments to indictment at any stage of trial.

In his defence, lead defence lawyer, Rowland Wright Esq. representing Ikubolaje Nicol said that the application put forward by the prosecution counsel will deny the accused the right to a fair trial which he said was upheld by the Supreme Court for a trial by jury.

Lawyer Rowland Wright argued that the case was charged to the Magistrate Court on murder, and that it was proceeded to the High Court for which the accused made a plea and that the Supreme Court ruled ordering for a trail by jury before the prosecution and that now they want to make an amendment.

He furthered that the ruling was made after a bail application for the accused was rejected based on the grounds that the offences for which the accused was before the court are very serious offences: conspiracy to murder, murder and perverting the cause of justice.

Justice Fisher stated that the court would have considered the amendment if the indictment had been defective, but that it was not.

Pointing out that the action of the prosecution is a way of taking advantage of the accused based on technicalities, he said that the ultimate goal is to ensure a fair trial.

The matter was adjourned for today 12th March 2024.