High Court to Hear D40 Million Negligence Suit Against National Road Authority Over Toddler’s Drowning

The High Court is set to commence hearing a high-profile civil negligence suit against the National Road Authority (NRA) following the tragic drowning of a three-year-old girl in Basse Giroba Kunda.

The suit was filed by Ebrima Manneh, a farmer from the area, over the death of his daughter, Adama Manneh, who drowned on 31 May 2025. Mr Manneh is seeking D40 million in damages, alleging that the tragedy resulted from the NRA’s negligence.

The Chief Justice has assigned the matter to Justice Coker of the Bakau High Court for hearing and determination.

According to the writ and statement of claim filed through Counsel Darboe of Semega Chambers, the plaintiff contends that the NRA’s “negligent act and/or omission” directly led to his daughter’s death. The claim centres on a ditch excavated by the NRA in 2023 as a temporary drainage measure to divert rainwater from the newly constructed Basse–Fatoto Road.

The plaintiff states that the trench was dug approximately two metres from his family’s unfenced compound, despite objections raised at the time. He alleges that the NRA was fully aware of the proximity of the ditch to the residence and the absence of fencing, yet failed to erect protective barriers or otherwise secure the site.

The statement of claim further alleges that the family endured persistent flooding over three rainy seasons as a result of the ditch, causing what the plaintiff described as prolonged hardship and distress. Mr Manneh claims that he and his brother repeatedly appealed to NRA officials, and later to the Governor of the Basse Administrative Area, to have the ditch covered due to the danger it posed.

The plaintiff further alleges that during a site visit, President Adama Barrow personally instructed NRA officials to address the risk created by the ditch, but that the directive was not implemented.

According to the statement, the incident occurred on 31 May 2025 while the plaintiff was away from home. His wife later discovered that their daughter was missing, and a search was launched. The search ended tragically when the child’s shoes were found at the edge of the water-filled trench.

The claim states that a local herdsman eventually volunteered to enter the “muddy and dirty” water after personnel from the Basse Fire and Rescue Service reportedly declined to do so. The volunteer is said to have located the child’s body within moments at the bottom of the trench. Adama Manneh was later pronounced dead at the Basse Health Centre, with drowning cited as the cause of death.

In the suit, the plaintiff is seeking D25 million in compensation for the death of his daughter and an additional D15 million in general damages for emotional distress and loss. He is also asking the court to issue an immediate order compelling the NRA to cover the ditch to prevent further loss of life, D150,000 in legal costs, and interest at 20 per cent from the date of the writ.

The plaintiff maintains that the NRA owed a duty of care to residents living near its roadworks and breached that duty by failing to secure a known hazard in a residential area.

Although the NRA’s Deputy Managing Director is reported to have visited the family to offer condolences and seek forgiveness, the family has opted to pursue legal redress.