Court name
High Court
Case number
SLHC 20 of 2021
Case name
S v Salihu Sheku Nyallay
Media neutral citation
[2021] SLHC 8
Case summary:

Criminal - corruption offences - misappropriation of public funds contrary to Section 36(1) of the Anti Corruption Act No. 12 of 2008 - conspiracy to commit a corruption offence contrary to section 128(1) of the Anti Corruption Act No. 12 of 2008

Judge
Allieu, JA

IN THE HIGH COURT OF SIERRA LEONE
HOLDEN IN FREETOWN
ANTI-CORRUPTION DIVISION

THE STATE

VS

SALIHU SHEKU NYALLAY

COUNSEL

J. T. Deen Tarawally for the State

H. R. Nelson for the Accused

JUDGEMENT DELIVERED THIS 25th MAY 2021 BY HON JUSTICE AIAH SIMEON ALLIEUJ.

J. T. Deen Tarawally: My Lord there is already a Fiat of the Commissioner filed with this court qualifying my presence and I wish to make an application.

My Lord, I apply that the accused Salihu Sheku Nyallay who stands charged with two counts of misappropriation of public funds contrary to Section 36(1) of the Anti­Corruption Act No. 12 of 2008 as Amended by the Anti-Corruption Amendment Act No. 9 of 2019, and one count of Conspiracy to Commit a Corruption Offence contrary to Section 128(1) of the Anti-Corruption Act No. 12 of 2008 as amended by the Anti­Corruption Amendment Act No. 9 of 2019 be tried by judge alone instead of by Judge and Jury.

This application is made pursuant to Section 144(2) of the Criminal Procedure Act No. 32 of 1965 as repealed and replaced by section 3 of the Criminal Procedure Amendment Act No. 11 of 1981. This is my humble application.

Court: Having heard J. T. Den Tarawally, prosecuting counsel on behalf of the state on an application for trial by Judge alone instead of by Judge and jury, and having also considered the contents of the written application of same filed by the Commission, signee d by the Attorney General and minister of justice, I hereby order that the accused Salihu Sheku Nyallay be tried by Judge alone instead of by Judge and Jury.

Court: Charges read to the accused and the accused Sheku Salihu Nyallay pleaded as follows:

 

Count 1; accused pleaded guilty

Count 2; accused pleaded not guilty

Count 3; accused pleaded not guilty

J. T. Deen Tarawally: My lord, at this stage I offer no evidence against the accused on Counts 2 and 3 of the offences stated on the face of the indictment before this court.

Court: having heard J. T. Deen Tarawally who offered no evidence against the accused Salihu Sheku Nyallay on Counts 2 and 3 stated on the indictment before this court, I hereby discharge the accused Salihu Sheku Nyallay on Counts 2 and 3 respectively.

AND HAVING also heard the plea of guilty of the accused Salihu Sheku Nyallay on Count 1 (one,) I hereby convict the accused on the said Count 1.

PLEA IN MITIGATION

H. R. Nelson: My lord the accused standing before this court has never stood before any court of Law for a criminal offence. He is a first time offender. The accused is a very decent and hardworking citizen. He is a family man of a wife and three children. My lord, he is the breadwinner of the family. He has a surviving mother who is old and being taken care of by the accused. We are therefore craving the indulgence of this court to temper justice.

SENTENCE

Having heard the plea in mitigation of H. R. nelson Esq on behalf of the accused after the accused has pleaded guilty on count 1 of the indictment before this court, the accused Salihu Sheku Nyallay is sentenced to a fine of Le 50, 000, 000.00 (fifty million Leones) or a term of five years imprisonment.

I further order that the accused Salihu Sheku Nyallay pays into the consolidated revenue fund the sum of Le 24, 000, 000.000 (twenty four million Leones,) which he misappropriated on or before the 9,h day of July, 2021 at 1.00pm and the receipt of the said payment be filed with this court.

HON JUSTICE AIAH SIMEON ALLIEU J.

25™ MAY, 2021