By: Audrey Raymonda John
The High Court has rejected a bail application filed on behalf of Yeabu Zainab Sheriff, pending the hearing and determination of her criminal trial at the Magistrate Court. The application was brought before Judge Mark Ngagba under Section 76(3) of the Criminal Procedure Act No. 8 of 2024.
Counsel for the defence, N. Jalloh, informed the court that the ex-parte originating notice of motion was filed by Wright & Co. Solicitors and supported by an affidavit sworn by Joseph Koroma. The application, dated 18 March 2026, was further supported by supplemental affidavits sworn on 2 April 2026.
Relying on Section 76(3) of the Criminal Procedure Act, counsel argued that the court is empowered to grant bail while proceedings are ongoing. He noted that the defendant had previously been denied bail at the Magistrate Court on seven consecutive occasions, sometimes without explanation.
The defence argued that the charges are bailable offences, describing them as misdemeanours. They emphasized that the second count, related to threatening language, carries a maximum sentence of three months, much of which the defendant has already spent in custody. Counsel also noted that the prosecution had closed its case, there was no risk of interference with witnesses, and that the defendant, a senior citizen and primary caregiver, is not a flight risk.
Counsel stressed the defendant’s contributions to Sierra Leone, particularly in advancing the welfare of women and girls, and urged the court to grant bail in line with the presumption of innocence.
State counsel opposed the application, submitting an affidavit sworn by Yusuf Issac Sesay on 2 April 2026, supported by four exhibits including a warrant of arrest dated 3 February 2026 and a request for promulgation dated 4 February 2026.
The State argued that intelligence reports indicated the defendant had been difficult to trace during the investigation and was eventually located at LOR Gym in Juba on 20 February 2026. They maintained that these circumstances demonstrate the defendant is a flight risk. State counsel also highlighted that the Magistrate Court had consistently provided reasons for denying bail and urged the High Court to disregard claims regarding the defendant’s health as misleading.
In his ruling, Judge Ngagba stated that he had carefully considered the originating notice of motion, the supporting and opposing affidavits, and the legal issues raised. However, given that the matter is pending judgment at the Magistrate Court in a few days, he refused the bail application.