By: Hafsatu Z Bangura
The Magistrate Court in Kambia District has ruled to commit a case involving alleged female genital cutting (FGC) to the High Court of Sierra Leone. The charges include conspiracy and manslaughter, following the tragic deaths of two girls who were initiated into a practice called Female Genital Mutilation or Cutting.
The two young girls were allegedly subjected to female genital cutting in Kabylor and Bubya, respectively, in the Tonko Limba Chiefdom, located in the North-West region of Sierra Leone, in January 2024. The case has garnered significant attention due to the severity of the allegations and the tragic loss of life involved.
Magistrate George B. Samai, presiding over the case, ruled that the prosecution has presented sufficient evidence against all accused persons to warrant a trial. Despite the defence counsel, Barrister Baratay Esq., arguing that the evidence provided was insufficient for a conviction, the Magistrate determined that the case should proceed to the High Court. The defence’s request for an acquittal and discharge was consequently denied.
Additionally, Magistrate Samai noted that the submission of the defence counsel was “very apt for the use of fact,” yet the court’s focus remained on the relevance and credibility of the evidence presented. The court highlighted that, with or without the application by the defence, the commitment of the case to the High Court could be justified based on the substantial evidence available.
At the start of the trial, all accused persons were not allowed to take a plea due to the preliminary stage of the matter. However, at the closing of the trial, the accused made an application for the case to be acquitted and discharged, arguing that the evidence presented by the prosecution was insufficient for them to stand trial. The defence counsel applied for bail, which was granted by the Magistrate, who noted that the accused had not breached any bail conditions.
Forum Against Harmful Practice, an institution that fights against female genital cutting, praised the court’s decision. Program Coordinator Mr. Ishmael Cole stated in an interview that the committal of the matter is a huge win for them and for all victims of FGM/FGC. He emphasized that this decision shows trust in the judiciary to uphold the constitution and seek justice for all. Mr. Cole further noted that this action by the court would send a strong warning to perpetrators of such practices to desist from cutting and to train girls in traditional ways without the cut.
Lead prosecution counsel Tenneh Smart Esq. expressed satisfaction with the court’s judgement and looks forward to the case.
This case is set to be closely watched as it moves to the High Court, where the accused persons will stand trial for the charges leveled against them.
