The Two Political Parties Argue That Their Supporters Will Have To Cast Their Ballots On Oct. 10
FLASHBACK: Scenes from the Foya political violence
By Garmah Never Lomo, garmahlomo@gmail.com
GBARNGA, Liberia- The Ninth Judicial Circuit in the central Bong County, has temporarily released 33 suspects from the ruling CDC and the main opposition UP who were allegedly involved in the recent Foya political violence that claimed the lives of two persons, injured several others and caused property damage.
A writ of Habeas Corpus requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
After the bloody clashes between rival supporters on September 29,2023, many suspects were arrested and detained by police in Lofa County who later transferred the suspects to Gbarnga. After that, a Writ of Habeas Corpus was filed before Her Honor Ceaineh Clinton Johnson.
Since the Foya violence took place, there have been may local and internal calls for the perpetrators to be brought to justice. Both parties have said their supporters who were detained need to cast their ballots in Tuesday’s presidential and legislative elections.
Initially, only UP supporters who were arrested in connection with the violence were transferred to Gbarnga to be held in custody, but after the move was strongly resisted by UP, the CDC suspects were later transferred to Gbarnga.
The petition to the court for a writ was filed on October 5, 2023 on behalf of the suspects by the Public Defender, Cllr. Mohammed Golaffalley in association with Atty. Jefferson Blackie.
According to the Petitioner’s petition, they were arrested and detained by the Liberia National Police Lofa and Bong Counties branches and are presently behind bars in the city of Gbarnga for an alleged crime that are innocent of.
The petitioner further says, Article 21(f) (g)of the 1986 constitution of Liberia says that:
- f) Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.g)
The right to the writ of habeas corpus, being essential to the protection of human rights, shall be guaranteed at all times, and any person arrested or detained and not presented to court within the period specified may in consequence exercise this right.
That petitioner says and avers since they were arrested and detained, they have not been charged and brought to court which act is a flagrant violations of Article 21(f)(g) cited above.
Petitioner says that Habeas Corpus will lie against the Liberia National Police in accordance with Chapter 16 section 16.51 of the Civil Procedure Law of Liberia and petitioner says that Liberia National Police has no affirmative defense.
Wherefore and in view of the foregoing, petitioner says the writ of Habeas Corpus should lies to have the Liberia National Police ordered to present the living bodies before the Nineth Judicial Circuit Court of Bong County Liberia, and this court and your Honor grant the petitioners all other reliefs deemed legal and equitable in line with the laws cited Supra.”
In resisting the writ of Habeas Corpus on Friday October 6 ,2023, the County Attorney of the Nineth Judicial Circuit Court, Bong County, Atty. Jonathan Flomo said that the matter out of which the writ of Habeas Corpus grows is an alleged unjustifiable taking away of several lives in Lofa County, secificly Foya during the final state of the campaign which has seem violence.
County Attorney Flomo further argued that due to the intricacies and it complex nature of this case, the Liberia National Police in its wisdom, thought it was wise to transfer the defendants who are 33 in number to Gbarnga Bong County where the investigation is ongoing.
The court record further says, That even though the Liberia National Police under the law has 48 hours to conclude any investigation, and send those are culpable to court, the complex nature of this case would suggest that it difficult, if no impossible for the police taking into consideration all of the constraints imposed upon the LNP, the very nature of this case to have concluded said investigation imposed by law.
The respondent, the Ministry of Justice says it is hoary with age in this jurisdiction that our laws are not cast in stone that, and that the court can use her best judgment in complex matter for the good of the Republic and even that of the alleged perpetrators of the crime.
Respondent also said that the Writ of Habeas Corpus under the law states that it challenged violation of the right not to be held or detain illegally, yet as it has been said previously, the complex nature of this case will require that a little more time be given to the Republic to conclude the investigation in this case.
That the Republic of Liberia has duly responded to the writ of Habeas Corpus by bring the living bodies of all 33 suspects so as to convince this court that the suspects are not being held in any conditions contrary to their human rights only to the effect that case at bar is one of complex nature for which the 48 hours enshrined in law should not be straightly imposed upon the state.
Wherefore and in view of the foregoing, prosecutor / respondent pray court to allow it ongoing investigation which will severely jeopardized if this court inclined to grant the petitioners writ of Habeas Corpus filed before this court.
Ruling in the Petitioners writ of Habeas Corpus, the Court presided over by her Honor Ceaineh Clinton Johnson said it heard arguments pro and con and says that in furtherance of the laws have heard inquiries from both sides and must balance the rights of the suspects to their liberties and their rights to public good on the side of the state.
“This court says that laws provided by both sides is precise on the constitution of the Republic of Liberia under Article 21(f)(g). The state acknowledges that there can be no preventive detention that the right of Habeas Corpus is an essential Human right.”
Judge Johnson added that reading from the petition, this incident took on September 29,2023, and today is October 6,2023. According to the statue, the police have 48 hours to have arrested, investigated and charge and send the suspects to court in furtherance of their mandate of law. That is to say by Monday morning these suspects should have appear before a magistrate court to be charged and the fact that no charge sheet that have been serve on them, it is evidence by the fact that they are still in police custody.
Furthermore, according to information received, these suspects were brought down on Tuesday October 3,2023 for whatsoever reasons, the state concluded to a different jurisdiction, removing them from the jurisdiction of the crime without any order of court. This court is mindful that the state is responsible for National security and National security is the fundamental of any government.
However, firmer of our constitution, in an attempt to curtail the excesses state power enshrined in our constitution that there should be no preventive detention and give to government a window of opportunity of 48 hours in which to bring the defendants to prominent court to ensure the due process of law. The court is also mindful that there may be difficulties involved in determining those involved in street fight.
This however, does not any way give the police more than 48 hours. When the suspects were removed to a different jurisdiction, a second 48 hours has passed and we are now in the third 48hours period.
“The Court sees and hears the anxiety of the state, but the state has not provided any law or justifiable reasons to hold these suspects indefinitely in their custody so as to prevent another street fight, has the state by now charge one or two persons, the Magistrate of Bong has not arrested any of them in person. The court could exercise some level of Terrance and says that among the 33 suspects, few were investigated. There is no evidence to permit the state to continue asking for time which could have given the court the right to continue into preventative.
Wherefore and in view of the foregoing, it is the considered decision of this court to apply the right application of the law here could be exercise 13.5 of the Criminal procedure law which allow the court for a responsible person to sign for the suspects/Defendants to return them to the police on notice to do so. The court demands the lawyers and a prominent person to sign for the suspects/ defendants and whenever the police want them returned to the police.
The later ordered the defendants/suspects to be temporarily set free to avoid all acts that will lead to any arrest by the police to bring back to the court, if such any act is exercise by the suspects, he/she will be incarcerated in prison when arrested.
Meanwhile, state prosecutor/ Respondent has taken exception to the ruling and promised to take advantage of the statute controlling. Controlling such a situation.