By: Audrey Raymonda John
Justice Mark Ngegba of the High Court on Thursday, 27 November 2025, sentenced former police officer Mohamed Dumbuya to twenty-five years’ imprisonment at the Male Correctional Facility in Freetown. He was convicted on one count of unlawful possession of drugs, contrary to Section 8(a) of the National Drugs Control Act, 2008 (Act No. 10 of 2008).
According to the particulars of offence, on 27 February 2024, in Freetown in the Western Area, the convict was found in possession of 50.0 grams of kush without lawful authority.
When the charge was read and explained to him, the defendant pleaded not guilty.
In delivering his judgment, Justice Ngegba stated that as a basic legal principle, the prosecution bears the responsibility of proving beyond reasonable doubt that the defendant committed the offence. He stressed that any reasonable doubt arising from the facts must be resolved in favour of the accused. He explained that proof beyond reasonable doubt does not mean proof beyond every doubt, but rather that the evidence must be sufficient to make the court feel sure of the defendant’s guilt.
The prosecution called two witnesses, both of whom testified under oath and were cross-examined by defence counsel.
PW1, Joseph Stevens, a forensic analyst attached to the Transnational Organised Crime Unit (TOCU), explained that his duties include analysing drugs and chemical substances. On 11 March 2024, he received a laboratory request from Detective Sergeant 8602 Kelfala A.K. to analyse 93 wraps of dried leaves suspected of being kush (weighing 50 grams) and an additional loose quantity (weighing 800 grams), allegedly seized from the defendant.
He stated that he conducted a presumptive analysis in the presence of the defendant, which indicated traces of synthetic cannabinoid. He then conducted further chemical and microscopic examinations at the laboratory, confirming that the samples contained synthetic cannabinoid. His forensic report was tendered as Exhibit A1-2.
PW2, Detective Police Sergeant Prince Joe Kpandiwa Jabati of TOCU, was the investigating officer. He testified that he received the case file for further investigation on 11 March 2024. He tendered several documents, including the defendant’s voluntary caution statement (Exhibits B1-6 and C1-7, the search warrant, arresting officer’s report, abstract report, laboratory request, legal advice from the Office of the Director of Public Prosecutions, and the charge statement.
At the close of the prosecution’s case, the defendant chose to rely on his statements made to the police. In both caution statements, he admitted being in possession of the drugs. In Exhibit B1-6, he stated, “The allegation made against me … that I was found in possession of loose substances suspected to be kush is true.” When asked why he, as a police officer, had the drugs, he replied that he was holding them for a friend who had travelled. In Exhibit C1–7, he admitted being the “actual owner” of the drugs and confirmed the quantity.
To secure a conviction under Section 8(a) of the National Drugs Control Act, the prosecution must prove that the defendant, without lawful authority, possessed a prohibited drug. The Act does not require ownership—possession may be actual or constructive. Under Section 54(a), if drugs are found in the immediate vicinity of an accused person, it is presumed they were in the person’s possession unless proven otherwise.
Additionally, Section 17 places the burden on the defendant to prove any lawful authority for possessing the substance.
Justice Ngegba noted that PW1’s testimony and the forensic report confirmed that the substance was kush. Under Section 57, a sample that tests positive for a prohibited substance is presumed to represent the whole. He added that corroboration is not mandatory under the Act; the court may convict based on a single credible witness.
The court found that the defendant was in possession of the drugs and failed to prove lawful authority. The forensic analysis confirmed the substance as kush, and the defendant’s own statements reinforced the prosecution’s case.
Justice Ngegba concluded that the prosecution had presented sufficient evidence to establish guilt beyond reasonable doubt. The defendant was therefore found guilty and sentenced to twenty-five years’ imprisonment at the Male Correctional Facility in Freetown.