By: Audrey Raymonda John
On Monday, March 10, 2025, Justice Alhaji Momoh Jah Stevens granted bail to Zainab Kamara, the third accused in the ongoing trial concerning the illegal manufacturing of “kush” (a prohibited drug). The bail application was presented on behalf of the accused by her counsel, M.S. Bangura, H.M. Gevao, M.A. Fahad, V. Yomah A. Jalloh, and M.S. Mangura Esq. The motion was filed through a Notice of Motion for the following orders:
The affidavit in support of the application was sworn by Mohamed Abdul Fahad, dated the same day as the motion, and included four exhibits:
MAF 1 : Charges Street
MAF 2: Refusal of bail by the Magistrate Court
MAF 3: Copies of Court Records from the proceedings before the Magistrate Court
In their arguments, the defense counsel noted that the accused persons had appeared in court multiple times, often in the absence of prosecution witnesses. The counsel argued that the refusal of bail by the Magistrate Court had cast doubt on the law’s acceptability and its adherence to due process. They emphasised that the presumption of innocence should prevail and that bail should not be seen as a punitive measure.
In response, State Prosecutor A. Jalloh Esq. opposed the bail application. The prosecution filed an affidavit in opposition, dated March 7, 2025, urging the court not to grant bail to the accused, referencing Regulation 3. They requested that the court not exercise discretion in favour of bail.
After considering the arguments, Justice Alhaji Momoh Jah Stevens delivered the court’s ruling on March 10, 2025, granting bail to the third accused under the following conditions:
Bail is granted to the third accused, Zainab Kamara.
A surety must sign a bail bond of One Hundred and Fifty Thousand New Leones (Le 150,000). This amount is not to be paid immediately but will be forfeited if the third accused fails to appear in court.
The surety must hold a current National ID card issued by the National Civil Registration Authority (NCRA).
The surety must own property in the Western Area, and the title deeds of this property must be provided.
Passport-sized photographs of both the third accused and the surety must be submitted.
Bail approval is subject to vetting by the Master and Registrar of the High Court, with assistance from the Lead Police Prosecutor at the Magistrate Court, since the Preliminary Investigation is ongoing.
The third accused must sign a register at the Master’s Office once every fortnight, on Mondays.
The accused has liberty to apply for further orders.
The accused persons—Andrew Momoh Jah (a bike rider), Daniel Kamara (a laborer), Zainab Kamara (a businesswoman), and Thomas Leigh Koroma (unemployed)—are standing trial before Magistrate Sahr Kekura at Pademba Road Court No. 1 in Freetown on thirteen charges. The charges include manufacturing, producing, transporting, collecting, supplying, selling, dealing in, and possessing a prohibited drug without lawful authority, as well as possessing substances used for manufacturing prohibited drugs.
The charges specifically relate to the events of November 20, 2024, at No. 66 Kanu Drive, Temne Town, Allen Town, in the Western Area of Freetown, where the accused were allegedly found involved in the illegal production and trafficking of “kush.”
The charges are as follows:
Manufacturing a prohibited drug without lawful authority.
Producing a prohibited drug without lawful authority.
Transporting a prohibited drug without lawful authority.
Collecting a prohibited drug without lawful authority.
Supplying a prohibited drug without lawful authority.
Selling a prohibited drug without lawful authority.
Dealing in a prohibited drug without lawful authority.
Possessing a prohibited drug without lawful authority.
Possessing substances used for manufacturing prohibited drugs without lawful authority.
- Transporting materials used for the production of prohibited drugs without lawful authority.
Transporting substances used for the production of prohibited drugs without lawful authority.
Keeping a prohibited drug without lawful authority.
Keeping substances used for the production of prohibited drugs without lawful authority.
However, this case is still ongoing as the trial continues at Pademba Road Court.