By Kemeseng Sanneh (Kexx)
The Court of Appeal has quashed the murder conviction and death sentence of Mariama Conteh, who had been found guilty of killing her partner, Tijan Bah, in 2014. In a landmark ruling on 25 February 2025, the court declared the trial a “nullity” due to significant procedural errors.
Conteh had been accused of fatally stabbing Bah following a violent dispute over money for their daughter’s medical treatment. The prosecution presented eight witnesses, including Bah’s mother, while Conteh’s defence contested the charges. However, the case was delayed over several years due to the prosecution’s failure to file required legal documents on time.
A crucial issue was Conteh’s age at the time of the incident. The court ruled that she was approximately 17 years old when the crime occurred, meaning the trial had been conducted in a court without jurisdiction. As a result, the proceedings were deemed void, and the conviction and death sentence were overturned.
Although the court had the option to order a retrial, the passage of more than a decade since the original trial, along with challenges regarding the availability of witnesses and evidence, led the judges to conclude that a retrial would be unfair. Justice Amina Saho Ceesay, who supported the ruling, emphasised that the principles of fairness and the right to a speedy trial meant a retrial would not serve the interests of justice.
In a joint opinion, Justices Ceesay and Basiru V.P. Mahoney agreed that the case should not be retried, pointing to the lengthy delay and weaknesses in the prosecution’s case. Conteh, who has been in custody since 2014, was ordered to be released immediately.
This ruling represents a significant moment in the discussion on juvenile justice and the integrity of trial processes, highlighting the importance of age determination and adherence to jurisdictional rules to ensure fair trials for minors.
