Bola Nicol case: Judge Demands Prosecution Present Witnesses or Face Consequences in Manslaughter Trial

Justice Augustine K. Musa has issued a definitive warning to state prosecutors, mandating the presentation of their initial three witnesses at the forthcoming adjourned hearing or face potential judicial repercussions.

The judge stating that the third instance of these witnesses’ testimony was the sole justification for considering an adjournment, unequivocally remarked,

“Ensure the presence of your witnesses. No further pretexts will be tolerated”

This admonition followed the prosecution's failure to summon their first witness on Friday, July 4, 2025, marking the second consecutive hearing in the manslaughter trial of Sinnah Kai Kargbo, identified as the defendant’s girlfriend.

At the preceding hearing on June 13, the defendant, Bola Nicol, entered a plea of not guilty to three charges: conspiracy to commit murder, manslaughter, and perverting the course of justice. During that session, lead prosecutor Yusuf Isaac Sesay assured the court of his intention to call multiple witnesses.

However, on the present date, the prosecution apprised the court of persistent challenges in securing witnesses, reiterating that this would be the third occasion for these witnesses to provide testimony in the case.

The case’s transfer across three different judges since its committal for trial from a magistrate’s court in 2023 has further complicated the proceedings.

The prosecution elaborated that some witnesses had previously testified before other judges, leading to difficulties such as memory degradation and changes of address. The prosecutor articulated, “We are confronted with significant impediments. Some witnesses have no recollection of this case, and some have relocated. When witnesses are challenged, their availability is not always within our control.” Despite these difficulties, he assured the court of the prosecution’s unwavering commitment to presenting witnesses, emphasizing, “We shall produce witnesses, though it will necessitate sustained endeavor.”

In response, defense counsel Rowland Wright reminded the court of its stated commitment to a expeditious trial. He highlighted that over two weeks prior, the prosecution had pledged to call multiple witnesses but has yet to fulfill this commitment. Wright asserted, “They are overtly disregarding the fact that the accused has been held on remand for over three years,” criticizing the prosecution’s imprecise assurances regarding their efforts without specifying a timeline for witness testimony.

The defense counsel further contended that the prosecution’s acknowledgment of difficulties in securing witnesses indicated profound challenges. He subsequently moved for the accused’s bail, citing precedents of bail being granted in analogous manslaughter cases.

Earlier in the day’s proceedings, the judge granted the prosecution’s application for a trial by judge alone. Lead prosecutor Sesay explained that this measure was implemented to ensure justice and accelerate the trial process.

It is pertinent to note that, at the commencement of the case on June 13, 2025, the presiding judge had committed to concluding proceedings for both the prosecution and defense within one month, commencing from July 4, prior to the court’s scheduled recess.

Bola Nicol faces three counts, including conspiracy to commit a felony, manslaughter, and perverting the course of justice.

Court documents indicate that the alleged offense transpired on October 16, 2022. The accused remains in remand, with the case scheduled to resume on July 18, 2025.