PHOTO: Ex-Defense Min. Samukai still in the Court’s hands
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Brownie J. Samukai, Liberia’s former Defense Minister, who was convicted for Corruption by the Criminal Court “C” but later elected Senator of Lofa County on the opposition CPP ticket in the December 2020 Special Senatorial election, has failed to meet the deadline given by the court to pay back the AFL soldiers’ money.
Mr. Samukai has now filed a motion for extension of the six-month period given him and his Deputy and Comptroller to pay back the misappropriated money.
Two weeks ago, many Samukai supporters staged a protest in three major cities of Lofa—Voinjama, Zorzor and Foya—demanding his immediate certification as they besieged and put chains to the entrances of government buildings. His supporters, who were reported to have physically attacked and injured a local official, are threatening further street protest and unspecified political actions, if Samukai is not certificated urgently.
The Criminal Court ‘C’ on Tuesday March 24, 2020 found former Liberian Samukai and his deputies guilty of corruption, but Defense Lawyers took exception to the ruling and announced that they will file Appeal to the Supreme Court.
Mr. Samukai had been facing trial for misappropriating some US$1.3 million. His leadership of the Armed Forces of Liberia had received huge amounts for the AFL’s Compulsory Contributing Fund, which the Government of Liberia had sent to the Ecobank Liberia, Ltd. It included US$460,000.00 in addition to US$687,656.35, making a total sum of US$1,147,665.35.
But the Lower Court, presided over by Judge Yamie Gbeisay, said there has not been sufficient evidence to convict the former Defense officials of the crimes of Money laundering and Economic Sabotage.
In its February 8, 2021 ruling upholding the lower court’s guilty verdict and sentencing, the Supreme Court said it is also the law extant in this jurisdiction that all public officials and employees shall obey all lawful instructions issued to them by their supervisors and shall declines to obey orders they know or ought to know to be wrong or unlawful
Consequently, the Liberian high court said officials and employees of government who are adjudged to have one unlawful order shall be held personally responsible and liable for their acts of Commission or omission as in the instant case.
The Supreme Court had said in its earlier ruling when the stipulated time was set for payment that the three former Defense officials might be jailed after stipulated time set forth by the Supreme Court to pay 50% of the money owed the AFL.
The time stipulated ended on August 8, 2021, which ends the six months after the Supreme Court upheld the lower court’s Judgement on February 8, 2021.
Nearly two weeks ahead of the post-trial conference scheduled for August 26, 2021, ex-Defense Minister Samukai is moving in an Anti-clockwise direction in his corruption case.
The former Defense Minister is hoping that friends, relatives and his supporters will back him up financially to make full payment in the near future.
Ahead of the post-trial conference, he has filed a motion entitled, enlargement of time.
In a six-count motion filed by the convict at Criminal Court “C”, which is charged with the responsibility to execute the Supreme Court’s mandate, Samukai says, they as party Defendants in the main cause of action and were found guilty by the court and ordered to restitute the amount of US$1,147,656.35 of the 50% of the said amount within a period of six months and thereafter enter appropriate arrangements to pay the remaining portion in one year; the Honorable Supreme Court confirmed and affirmed the ruling of the Criminal Court.
Count two of his motion says: the mandate of the Supreme Court was read on the 24th day of February A.D. 2021, therefore the movant or convict had six months from the said date of the reading of the mandate to make the fifty 50% per cent payment of the amount to be restituted; the said six months will expire on August 25th A.D. 2021.
Movant further says that a payment of US$10,000.00 was made against the fifty percent your is requested to take Judicial notice of the file.
The movant(convict) also said that due to the COVID-19 pandemic which has affected all economies globally and other financial difficulties beyond their control as a result of the said COVID-19 pandemic, they are unable to make the full payment of the 50% which is US$573,828.175 as per the ruling of the Criminal Court C.
Furthermore, movant says that due to the reasons stated in count four above, pray that your Honor and this Honorable Court will enlarge the six months period granted them by this Honorable Court to make a fifty percent payment to be restituted by one calendar year from the 25th day of August A.D. 2021 up to the 25th day of August A.D. 2022.
Count of his Motion added that for enlargement if time is being made in keeping with section 1.7.2(a) of ILCLR,
WHEREFORE and in view of the foregoing, movants prayed that your Honor will rule as follow:
Grant movants motion and enlarge/extent the time to make the fifty percent payment within one year that is from August 25th A.D. 2021 to August 25th A.D. 2022.
Grant unto movants any and all further reliefs as your deem just, legal and equitable in such cases and rule all cost against the respondent.
Meanwhile, the motion is expected to be heard during the post-trial conference slated for August 26,2021.