By Sainabou Sambou
The Supreme Court of The Gambia has dismissed an appeal by the Attorney General’s Chambers and ordered a fresh start to the high-profile murder trial of Kumba Sinyan.
The decision, delivered today, upholds the High Court’s earlier determination that the 2013 and 2019 High Court Practice Directions are constitutional and mandatory. These directions stipulate that when a criminal case is reassigned to a new judge, the trial must begin de novo (afresh) unless the accused consents to continue from the previous stage.
The Supreme Court’s judgment reaffirms the fundamental right of an accused person in a serious criminal matter to have their case heard in its entirety by the judge who will ultimately decide their fate. Legal observers describe the ruling as a significant precedent on judicial procedure, particularly in capital offenses.
Kumba Sinyan was arraigned on November 9, 2022, before the High Court on a single count of murder. Prosecutors alleged that she caused the death of Lamarana Jallow at the Friendship Hostel by cutting his stomach with a razor blade. Sinyan pleaded not guilty, and the trial opened before Justice Sidi K. Jobarteh.
The prosecution, led by Principal State Counsel M. Sanyang, presented a robust case, calling ten witnesses and tendering 18 exhibits before closing on March 14, 2024. The defence was set to open its case on April 15, 2024, but proceedings were paused after concerns were raised about Sinyan’s mental health. Following a court-ordered psychological evaluation, she was declared fit to stand trial.
Sinyan began her testimony on June 26, 2024, and gave evidence over six consecutive sittings. However, the case took a dramatic turn in September 2024 when Justice Jobarteh proceeded on maternity leave. Upon her return, the Chief Justice reassigned the matter to newly appointed Justice Adenike J. Coker.
Defense counsel S. Twum immediately applied for the trial to start afresh, citing the High Court Practice Directions. The defense maintained that Sinyan had not consented to continuing before the new judge and was therefore entitled to a complete retrial.
State Counsel Abdulmuhsin A. Wakawa, representing the Attorney General’s Chambers, strongly opposed the application. The State argued that restarting the proceedings after more than a year of hearings would cause undue delay, waste public resources, and prejudice the prosecution. Officials noted that some witnesses had reportedly left the country, making it difficult to reconstruct the case. They warned that a fresh trial could amount to a miscarriage of justice.
On April 2, 2025, Justice Coker ruled decisively in favor of the defense. She held that the Practice Directions were mandatory, leaving the court with no discretion once the accused declined to proceed.
“The position of the law must guide the Court,” Justice Coker stated. “In a criminal trial such as this, for the capital offense of murder, the accused person must be given every opportunity to present her case properly.” She emphasized that the seriousness of the charge required proceedings to begin anew in the interest of justice.
Dissatisfied, the Attorney General appealed to the Supreme Court, contending that a de novo trial would undermine judicial efficiency and contradict Sections 4 and 5 of the 1997 Constitution. The State also secured a stay of proceedings from Justice Coker on June 4, 2025, pending the appeal.
In its final judgment, the Supreme Court rejected the State’s arguments outright. The apex court ruled that the Practice Directions are fully constitutional and apply even to capital cases. It emphasized that an accused person’s right to have their entire case heard by a single judge outweighs concerns about delays or resource implications in serious criminal matters.
The Supreme Court has now ordered the Kumba Sinyan murder case returned to the High Court for a fresh trial before Justice Adenike J. Coker. Both the prosecution and the defense will be required to present their cases from the outset.
The ruling is expected to have far-reaching implications for criminal procedure in The Gambia. By upholding the binding nature of the High Court Practice Directions, the Supreme Court has prioritized procedural fairness and the integrity of trials over considerations of convenience and efficiency.
As Sinyan remains in custody on the capital charge, the fresh trial will restart the lengthy judicial process. Legal analysts say the decision sends a clear message that adherence to established rules of court is non-negotiable, even in high-stakes murder cases.
