By Janet A. Sesay
The Defence Team representing Yeabu Zainab Sheriff has filed an application for bail at the High Court before Judge Mark Ngegba pending the hearing and determination of her criminal trial at the Magistrate Court, pursuant to Section 76(3) of the Criminal Procedure Act No. 8 of 2024.
Counsel for the applicant, N. Jalloh, informed the court that the ex-parte originating notice of motion was filed by Wright & Co. Solicitors, supported by an affidavit sworn to by Joseph Koroma. He further submitted that the application, dated 18 March 2026, is backed by both the original and 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 even while proceedings are ongoing.
He stated that the application had been repeatedly denied bail at the Magistrate Court on seven consecutive occasions, noting that in some instances, the court failed to provide reasons for refusing bail.
Counsel submitted that the charges against the defendant are bailable offences, describing them as misdemeanours.
He further argued that the second count, which relates to threatening language, carries a maximum sentence of three months, adding that the defendant has already spent a significant portion of that time in custody.
He emphasized that the prosecution has closed its case, and therefore, there is no likelihood of interference with witnesses.
Counsel also told the court that the defendant is a senior citizen who has contributed meaningfully to Sierra Leone, particularly in advancing the welfare of women and girls.
He maintained that she is not a flight risk, is a primary caregiver, and is willing to stand trial and prove her innocence.
He urged the court to exercise its discretion in favour of granting bail, stressing that the defendant is presumed innocent until proven guilty.
However, counsel for the State opposed the application and relied on an affidavit in opposition sworn to by Yusuf Issac Sesay on 2nd April, 2026.
He said the affidavit was supported by four exhibits, including a warrant of arrest dated 3 February 2026 issued by Magistrate Jah, and a request for promulgation dated 4 February 2026.
State counsel further submitted that intelligence reports indicated that the defendant was later located at LOR Gym in Juba on 20 February 2026.
He argued that the defendant was difficult to trace during the investigation and was eventually declared wanted before being escorted by the police.
He maintained that the Magistrate Court had consistently provided reasons for refusing bail, referring the judge to specific pages of the lower court record.
He also noted that throughout the trial, only one medical report was presented, urging the court to disregard claims relating to the defendant’s health as misleading.
The State argued that the circumstances of the defendant’s arrest demonstrate that she is a flight risk and urged the court to refuse bail, noting that the matter is already set down for judgment at the Magistrate Court.
In his ruling, the judge stated that he had listened to submissions from both parties and noted that several legal issues were raised. He refused the bail application on the grounds that the matter is pending judgment, adding that detailed reasons for the decision will be provided in due course he stated.