By: Audrey Raymonda John
Magistrate John Manso Fornah of the Pademba Road Magistrate Court No. 2 has committed 46-year-old twin brothers Alhassan Fofanah and Alusine Fofanah to the High Court for trial over the alleged murder of Mumunnie Bah.
The accused are facing five counts of conspiracy to murder, murder, wounding with intent, wounding, and assault occasioning actual bodily harm.
According to the charge sheet, the murder charge is contrary to Section 1 of the Offences Against the Person Act 1861, as repealed and replaced by Section 1(a) of the Abolition of the Death Penalty Act 2021, Act No. 6 of 2022.
The defendants were also charged with wounding with intent, contrary to Section 18 of the Offences Against the Person Act 1861; wounding, contrary to Section 20 of the same Act; and assault occasioning actual bodily harm, contrary to Section 47 of the Act.
The particulars of the offences alleged that on Saturday, July 4, 2026, at No. 69A, Back of PWD Quarters, Sumaila Town, Freetown, the two defendants, together with other persons unknown, conspired to murder Mumunnie Bah.
It is further alleged that on the same date and at the same location, the defendants wounded Alie Bangura with intent to cause him grievous bodily harm, and maliciously wounded and assaulted him, thereby causing actual bodily harm.
When the charges were read and explained to the defendants, no plea was taken.
During the preliminary investigation, the prosecution, led by DPC Kebbie K. Thoronka, called four witnesses, who were cross-examined by the defence. The matter was subsequently withdrawn for ruling.
In his ruling, Magistrate Fornah said he had considered the charges and particulars of the offences, the testimonies of the prosecution witnesses, the exhibits tendered, and the statements made by both defendants to the police.
He said that, as the matter was before the court by way of a preliminary investigation, the issue before him was whether the prosecution had presented sufficient evidence connecting the defendants to the alleged offences to warrant their committal to the High Court for trial.
On the conspiracy charge, the magistrate referred to the legal definition of conspiracy and cited the decision in The State v. Marion Sesay & Two Others (2018), in which conspiracy may be inferred from the circumstances and conduct of the accused persons.
On the murder charge, Magistrate Fornah outlined the elements required to establish the offence, including the unlawful killing of a human being and the presence of malice aforethought.
He also referred to previous authorities, including Digbowu v. R. and Selsey and Siaffa v. Reginam, concerning malice aforethought and the circumstances under which an unlawful act resulting in death may amount to murder.
On the charges of wounding and wounding with intent, the magistrate referred to Sections 18 and 20 of the Offences Against the Person Act 1861 and noted the relevant legal principles governing wounding and grievous bodily harm.
In considering the evidence, Magistrate Fornah said the prosecution had tendered several exhibits, including three knives bearing blood stains, medical reports, a post-mortem report, a cause-of-death certificate, and the voluntary caution and charge statements of both defendants.
He noted that the statements of the two defendants contained allegations against each other regarding who had possession of the knife and who stabbed the deceased.
According to the ruling, the second defendant stated that his twin brother was involved, while the first defendant said it was his twin brother who was in possession of a knife and fought with the deceased.
The magistrate also referred to the testimony of PW3, Mvolai Bangura, who testified that he collected three knives from the crime scene. The witness further stated during re-examination that the knives were recovered from the two defendants and another person who had been involved in the fight.
After considering the totality of the evidence, Magistrate Fornah said he was satisfied that the prosecution had adduced sufficient evidence connecting both defendants to the alleged offences.
He therefore committed Alhassan Fofanah and Alusine Fofanah to the High Court to stand trial.