By Fatima Kpaka
Nineteen-year-old unemployed Emma Morlia Sesay was committed to the High Court by Magistrate Santigie Bangura of Pademba Road Court No. 2 on Thursday, March 6, 2025, for allegedly stealing a one-week, five-day-old child.
The accused is charged with one count of child stealing, contrary to section 56 of the Offences Against the Person Act of 1861, stemming from an incident that allegedly occurred on November 13, 2024, in the Fort Street area of Freetown. According to court documents, Sesay is accused of taking a one-week, five-day-old baby boy, Mustapha Sesay, from his parents without their consent.
After the prosecutor, Sergeant 8811 Florence M. Wilson, presented her case by calling all her witnesses, the file was withdrawn for ruling.
Magistrate Bangura’s Ruling
Magistrate Bangura, in delivering his ruling, stated that the accused stands charged with one count of child stealing, contrary to section 56 of the Offences Against the Person Act of 1861. It is alleged that on November 13, 2024, at Fort Street, Freetown, in the Freetown Judicial District of the Western Area of the Republic of Sierra Leone, she stole a one-week, five-day-old baby boy, Mustapha Sesay, against the will of his parents.
Presentation of Evidence
The prosecution, he said, called two witnesses—one formal and one factual—who both testified and were cross-examined. However, the prosecution failed to proceed with other witnesses despite several adjournments. Consequently, the case was closed, and the file was withdrawn for ruling.
In determining whether or not the accused has a case to answer, Magistrate Bangura considered the need for sufficient evidence establishing a prima facie case. He noted that the prosecution bears the burden of adducing sufficient evidence. He added that the accused confessed and admitted to the allegations. In her statement to the police, she corroborated the complainant’s testimony that she took and carried the baby without the parents’ consent.
Consideration of No Case Submission
Magistrate Bangura also considered the no-case-to-answer submission made on behalf of the accused. He referenced legal authorities indicating that a no-case submission could be upheld if:
- There is no evidence connecting the accused with the offence(s) charged.
- The elements of the offences charged have not been proven.
- The evidence has been so discredited or weakened under cross-examination that it would be difficult to rely on it.
- The evidence, taken at its highest, is such that no reasonable judge could safely convict upon it.
Decision
Magistrate Bangura concluded that there is sufficient evidence to establish a prima facie case against the accused. He stated that the fact the accused took the child to Makeni and did not return him until she was arrested indicates an intention to permanently deprive the mother of her child. Therefore, he committed the matter to the High Court for further trial.
Bail Granted
Following the ruling, defense counsel A.N.D. Musa Esq. renewed and adopted his previous bail applications on behalf of the accused. Magistrate Bangura granted bail to the accused in the sum of one hundred thousand Leones, with two sureties. The sureties must be responsible citizens residing in Freetown and must produce valid identity cards depicting their addresses in Freetown. Bail is to be approved by the Deputy Assistant Registrar.