By Harris Kerkula
Big men rule Africa – and mostly to the detriment to the average citizens. The judicial system, which ought to bring some solace to the common man never ceases to disappoint. As these big men ruin the countries they are entrusted with, they are simultaneously blaming colonialism, neo-colonialism, the multilateralism, globalism, the WTO, the World Bank, the IMF, the EU, Russia, China and the list goes on.
They blame all but themselves for the near perpetual state of destitution of their citizens. Sometimes, one wonders if good governance and ordinary common sense is alien to African leaders.
This scenario of Africa’s big men destroying their own countries was again on display in the West African state of Liberia. Independent since 1847, Liberia is without doubt the poorest country in the region – judging by GDP per capita. Liberia is just one typical African country where big men rule is so entrenched, that the executive, the legislature and the judiciary, all seem to be working [in concert] with the unwritten code – never hold a big man accountable in Africa.
This brings me to crux of this article – the affirmation of the conviction of Senator-elect Brownie J. Samukai Jr. (aka BJ Samukai) of Liberia. He served for 12 years as defense minister under the regime of Mrs. Ellen Johnson-Sirleaf. For all these 12 years, BJ Samukai was probably the third-most powerful man in Mrs. Sirleaf’s government, ranking just behind President Sirleaf herself, and Sirleaf Junior (i.e., Robert Sirleaf). BJ Samukai ran Liberia’s Ministry of Defense (MOD) as his personal fiefdom – with no accountability whatsoever, never to the constitution nor to the statutory laws of Liberia. Anybody who was anywhere around during the regime of Mrs. Sirleaf knows that BJ Samukai operated the MOD in a sphere somewhere above the laws of Liberia. This comes as no surprise; that’s where the big men of Africa generally operate.
So, as a typical African big man, the standard 10-70% cuts in procurement contracts was not enough for BJ Samukai. He had to add the pension benefits of the thousands of our men and women-in-arms (i.e., soldiers of the Armed Forces of Liberia [AFL]). That’s the standard “eat all” mentality of the big men in Africa. As Minister of Defense, BJ Samukai and his co-conspirators set up a pension fund for thousands of our servicemen and women and exacted mandatory deductions from their salaries. Now, under generally acceptable accounting standards, such an account would qualify as a special fund – subject to special written procedures and policies. But BJ Samukai didn’t need any written policy and/or procedure(s) to operate this special [pension] fund; his mere orders was the law and the policy. BJ Samukai, with a MSc in Applied Economics, ought to have known a thing or two about special funds. But, when the mind is corrupt, college degree if often of no use. Perhaps his work with the UN should have taught him a thing or two about special funds. But again, transparency and accountability are alien concepts to the big men of Africa.
So, BJ Samukai and his bunch of yes-men at the MOD had a field day with the AFL soldiers’ pension fund. They used the AFL pension funds for “security operations”. Now anybody with even two (2) of their five senses intact, knows that “security operations” in Liberia is the byword for looting of the public treasury. “Security operations”, in Liberia, means take as much money as you want from the public treasury, use it in any form and manner as you want – and you never have to worry about giving account to anyone as to your use of the money, because “security men” don’t have to account for money given to them for “operations”.
By the time BJ Samukai and his bunch of yes-men got through with the AFL soldiers’s pension fund, it was USD1.15m in the red. They had unilaterally changed the name of the account from “pension fund” to “moral and welfare account”; transferred nearly all the funds to MOD Operational Accounts and feasted on the soldiers’ pension money. As heartless as it sounds, that was what BJ Samukai and his bunch of yes-men did! Of course, the soldiers were perennially complaining about the corrupt practices of BJ and his bunch of yes-men he took with him at the MOD. But BJ Samukai, as I stated earlier, at the time, was the third most powerful person in Liberia – and definitely one of Mrs. Sirleaf’s untouchables.
When the Mrs. Sirleaf’s regime was up by January of 2018, the incoming big men (i.e, the CDC people), the outgoing big men (the UP people), all got together and fashioned out a leave-me alone and I-will-leave-you-alone [hush-hush] agreement – that the Liberian government will replenish the account that one of their kind depleted. It was a lousy agreement [to start with], but if you understand the politics of big men in Africa, you get the drift. Of course, things got complicated when BJ Samukai decided he wanted to be senator for Lofa county (province). The CDC people interpreted his move as his drawing first blood, and things fell apart in short order. The CDC big men then dusted off BJ Samukai’s files, and yanked the leave-me-alone agreement. They were determined to have BJ answer for his criminal acts.
The Liberia government then prosecuted BJ Samukai and two yes-men (Joseph P. Johnson and James Nyumah Dorkor) and the trial court brought down a guilty verdict on three of the five charges – for criminal conspiracy, theft of property and misuse of public money. A prison sentence and a restitution order followed. BJ Samukai and his partners-in-crime appealed the decision to the Supreme Court or Liberia. Now comes the shocker. The Supreme Court of Liberia affirmed the lower court’s ruling, but only up to a point. When it came to the punishment, the big men at the Supreme Court of Liberia decided that, although one of their kind had been caught pilfering red-handed, prison, as a matter of fact, was only for common people – for the average joes. So, the Liberian Supreme Court decided to throw one of their kind a lifeline – a watered-down punishment with the clear option to avoid going to jail. The Court gave BJ Samukai six months to pay back the looted money or go to jail. Let me repeat, in case you didn’t get it right the first time. For criminal breach of his fiduciary duty by a top-ranknig official (BJ Samukai), the Liberian Supreme Court ruled that he’s got six month to pay back the money he criminally converted and he will see no jail time. In short, he’s an African big man and he’s simply TOO BIG TO JAIL. It must have been lost on our Supreme Court justices that every decision that they make becomes precedent (law). Is this the new law in Liberia now that if one criminally converts another’s property, all such felons have to do is to pay back the money and there will be no prison time. Really!!??? Is this what our Supreme Court is now saying the law is? At this rate, it may take Jesus Christ himself to come down and save Liberia.
Over the past years, Liberians have been used to being disappointed by our court system, but the BJ Samukai’s ruling “takes the cake”. I mean how can a criminal breach of fiduciary duty results in no prison time for a senior public official. Then, where is the disgust and opprobrium by our Supreme Court? Is this ruling a “code” for BJ Samukai to continue on to his new job as senator of Lofa county? I suspect most of us Africans would shrug it off as just another day, but in most parts of the world such a ruling is simply unthinkable, utterly impossible! Let’s take a peak to see how detestable this ruling compares to other around the globe.
- Chicago, Illinois, USA. Governor Blagojevich attempted to sell President Obama vacated senate seat. He was prosecuted for fraud, attempted extortion, conspiracy to solicit bribe. On June 27, 2011, Blagojevich was found guilty of 17 charges (including wire fraud, attempted extortion, and conspiracy to solicit bribes), and sentenced to 14 years in prison. On February 18, 2020, President Donald Trump commuted Rod Blagojevich’s prison sentence. Blagojevich was released from prison, but only after having served about eight years of his 14-year sentence (wikipedia.com )
- Seoul, South Korea. Park Geun-hye, former President of South Korea who served from 2013 until 2017 when she was impeached and later convicted abuse of power, bribery, criminal coercion and leaking government/presidential secrets. Ms. Park and her friend (Choi) who was similarly charged were sentenced to 20 years in prison and are currently in prison. South Korea Supreme Court still handed her a 20year prison sentence, in addition to a USD16m fine https://www.bbc.com/news/world-asia-55657297
- Dakar, Senegal. Karim Wade, son of former Senegalese President Abdulaye Wade. In Senegal, the junior Wade was so powerful, he was dubbed, the Minister of the Earth and the Sky – a scenario closely akin to Robert Sirleaf of Liberia. A year after his father left office, Karim Wade was charged with corruption and illicit enrichment, convicted and imprisoned on 23 March 2015, He was also fined 138 billion CFA francs ( US$228 million). Wade appealed to the Supreme Court, but the Court ruled against him on 20 August 2015. He spent three years in jail before being pardoned by current President Macky Sall and released from prison on 24 June 2016. He was, however, still required to pay his approximately USD230m fine. (https://www.bbc.com/news/world-africa-32020574 )
I have just mentioned three high-level cases in which criminal breach of fiduciary duties, corruption, bribery and influence peddling were punished very harshly by the courts – including the Supreme Court of an African country – Senegal. There is no way under this sun that a top-ranked government can be convicted for such charges as criminal conspiracy, theft of property and misuse of public monies and not serve prison time. Unless the Supreme Court of Liberia is now establishing a new law: that some people are just TOO BIG TO JAIL. If the option to BJ Samukai to pay back the stolen money and avoid jail time is to leave him a back door to the capitol (to his senate career), it is belated – very belated! Under our criminal/penal statute – the New Penal Law of 1976 – sub-section 50.12, BJ Samukai’s senate career ended even before it could start (thanks to the conviction). The law provides – Penal Law (1976) §50.12 provides viz:
- 50.12. Disqualification from and forfeiture of public office.
A person, convicted of any of the crimes listed below, or of any attempt or conspiracy to commit such crime or of facilitation or solicitation of such crime, shall forfeit any public office he then holds and may be disqualified from any or a specified public office or category thereof for such period as the court may determine, but no longer than five years following completion of the sentence imposed for such crime:
(a) Treason (Section 11.1) and the crimes affecting national security defined in Sections 11.2 through 11.9;
(b) Any felony committed in connection with his employment as a public servant;
(c) A crime expressly made subject to this section by statute
Now, let’s break it down in clear terms. What BJ Samukai was convicted of was (1) a felony, and (2) it was definitely committed in connection with his employment as a public servant (i.e., as Minsiter of Defense). Via the clear meaning of this statute, his public service career is on “ice” for up to five years after serving his sentence or “after restitution” as our Supreme Court would rather have it – since he’s TOO BIG TO JAIL.
Liberians have long been used to a two-tier justice system – a softer one for the rich and well-connected (i.e, for the big men) and another for the poor, the harsher one, including mob lynching and other extra-judicial actions. It is not lost on the people of Liberia that big men commit their fair share crimes that require jail time, but they never set foot in jail, owing to sweetheart deals with the prosecuting agencies or a slap on the wrist by the big men who run judiciary (i.e., the judges and justices). Let’s take another look at two of the most prominent ones – that are still a source of consternation in Liberia.
- ABU KAMARA – junior minister under UP government and elected represented under CDC government. Mr. Abu Kamara was caught double dipping in public accounts. An LACC’s investigative report showed that Mr. Kamara consented to receiving US$ 8000 and L$200,000 in illegal salaries. Instead of levying formal criminal charges and prosecuting, him, the LACC itself, at the time led by corrupt people, colluded with Kamara to evade criminal liability, but simply having him confess to the crime and to paying back at the rate of USD500 per month. (https://frontpageafricaonline.com/news/liberia-anti-corruption-commission-confirms-abu-kamara-caught-in-corruption-but-promises-restitution/ ). This was a shocking abuse of investigative and prosecutorial discretion, done with the blessings of the very people who are now hounding BJ Samukai. What an irony! But alas, this too is Liberia! The American calls countries where such travesty happens “Banana Republic” Donald Trump invented a new label, well known, but too crude to mentioned herein.
- MILTON TEAHJAY – a quintessential big man – minister in every government since ex-President Charles Taylor’s NPP regime. Today, Mr Teahjay is a senator, representing the people of Sinoe. Mr. Teahjay was convicted of violating procurement laws, and other criminal acts including criminal conspiracy, criminal facilitation, and misapplication of entrusted property by the 14th Judicial Circuit in Rivercess County (province). Instead of serving prison time, he was given 9 months to pay back USD50,000 and avoid going to jail. Another big man guilty of crimes, but TOO BIG TO JAIL. Is this a country of laws or of men
Today the Supreme Court of Liberia is saying that in cases of theft of property, criminal conspiracy and misapplication of entrusted property, all the convicted felon has to do is to pay back the money and all will be fine. But, this was not the opinion of the high court when Edwin Korpoi, an average joe, stole 42 bags of cement from the Samaritan Purse International Relief organization in 2012. In the ruling handed down on August 12, 2012, the Court not only confirmed the conviction of Korpoi, but increased his sentence from 4 months in jail to 6 months in jail – to further express their indignation and opprobrium. This is how the Court reacted to the conduct of Korpoi, an average joe, for stealing 42 bags of cement from Samiritan’s Purse International Relief. Via Her Honor Jamesetta H. Wolokollie, who delivered the opinion, here is what the court said at the time.
We need not emphasize the health hazard of rural inhabitants whose drinking water is taken from creeks. It is therefore disheartening that a fellow Liberian working with this Organization and who has an opportunity to ensure better health for his people by providing safe drinking water could be so dishonest as to use up the materials given for such a project, much to the detriment of his fellow citizens…. This Court frowns on such behaviour and will not condone any of such behaviour when brought before it, particularly where there is overwhelming evidence produced as to the dishonesty of the accused, and we are left with no doubt about the commission of the crime by the accused.
Now fast forward February 8 2021, BJ Samukai, a big man committed even worse crimes than Edwin Korpoi, by stealing USD1.15m as opposed to the paltry42 bags of cement stolen by Korpoi. In the BJ Samukai case, he stole not from a corporation (as Korpoi did), but from the thousands of underpaid men and women of the AFL, depriving them off the opportunity to benefit from their pension fund. Almost identical crimes save for the magnitude of the theft by BJ Samukai and company. Only that, this time around, a big man, a former minister, now senator-elect, is in the opinion of our Supreme Court, TOO BIG TO JAIL. Instead of showing similar indignation and opprobrium to BJ Samukai, as was shown to Korpoi, our Supreme Court so keen to have BJ Samukai evade jail by given him an option to restitute the money and not have to go to jail. Double standard in the most despicable manner! This ruling runs contrary to article 11(c.) of the Liberian constitution. Article 11(c.) of the Liberian constitution, provides that “All persons are equal before the law and are therefore entitled to the equal protection of the law. Under article 11(c.) what was good for Edwin Korpoi, a common man, must also be good for BJ Samukai, a big man. So, why is the Liberian Supreme Court being arbitrary and discriminatory when it comes to punishment for an almost identical offense? How is the BJ Samukai’s case different from the Edwin Korpoi case to justify a suspension of prison term? Why are our justices turning a blind eye to article 11(c.) of the constitution. Doesn’t a seat on the bench require that our justices show simultaneously fidelity to our constitution? Isn’t that the deal? Someone help me out here because I can’t seem to fathom how Edwin Korpoi must go to jail for six months for failing to account for 42 bags of cement, but BJ Samukai must be spared a prison sentence after failing to account for USD1.15m?
These repeated disappointments by the Supreme Court mean that the judges/justices can no longer be trusted with lifetime tenure in Liberia. It’s high time that the citizens petition their Legislators to consider limiting the tenure for our supreme court justices. Perhaps a fixed tenure of no more than 10 years would do. We have to cut our losses. We can’t just continue to accept arbitrary rulings and detrimental precedents forever. We the citizens have to draw the line somewhere. Our justices/judges must adhere to constitutional principles in their interpretation of the law or be held to account. A one-time fixed term of 10 years would be a great help in that direction. It’s clear that our justices are not making any good use of the lifetime tenure; with their continued doling out of arbitrary and discriminatory rulings. Hence, the citizens, via their lawmakers, need to take such privilege back. After all, it’s a mere legal privilege that can be rightfully revoked for repeated misuse.
In addition, the wide discretion in punishing for corruption-related criminal offenses means that our Legislature must also rewrite our laws on corruption, bribery, breach of trust, abuse of office, and other such related offenses. The creation of an economic crimes court is not enough. Liberia clearly needs an all-encompassing law on corruption, covering all aspects of the crime. Such law must spell out in clear terms what the minimal and maximal sentences for corruption should be. The Legislature has to remove the discretion that judges exercise when it comes to sentencing. From this BJ Samukai ruling, it appears the judges/justices, even at the Supreme Court level, are not prepared to deliver impartial justice. The big-man syndrome plaguing much of Africa is seriously corroding their dispensation of justice. This has to change! This new all-encompassing and comprehensive set of laws on corruption is very necessary now to prevent and preclude the kind of arbitrariness seen in the BJ Samukai’s ruling and others preceding it (including the Teahjay and Abu Kamara case[s]). We can make the changes now or we can continue to continue to lend credence to others, when the call our countries banana republic or fantastically corrupt. Hello, Liberia! Can I get a second?
Harris Kerkula Harris Kerkula is a citizen of Liberia and a resident of Monrovia. He is married and has 5 kids. He considers himself a perennial student of history and has taught social studies and literature to high school students for 15 years running. Mr. Harris can be reached via email: harriskerku@gmail.com