FLASHBACK: Samukai leaving the Court recently, escorted by his supporters
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Former Defense Minister Brownie Samukai appears to be poised to complete payment of his 50% payment of the over one million US dollars AFL soldiers’ money that was misappropriated, a financial scandal he was convicted for and sentenced by the Criminal Court “C”.
Mr. Samukai, who was after his conviction elected Senator of Lofa County on the opposition CPP ticket in the December 2020 Special Senatorial election and won, has failed to meet the August 8, 221 deadline given by the court to pay back the AFL soldiers’ money.
Last week, he filed a motion for extension of the six-month period given him and his Deputy and Comptroller to pay back the misappropriated money. In the past few weeks, some of the Senator-elect’s supporters staged a rowdy protest in Voinjama, Zorzor and Foya, demanding his immediate certification and threatened further protests.
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.
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.
But now, the former Defense Minister has withdrawn the motion of enlargement of time he filed over the weekend, saying that efforts are underway to pay his 50% share of the AFL money.
One of his legal counsels, Cllr. Augustine Fayiah has told www.newspublictrust.com that the money will be paid, even if it is on the day the Supreme Court ruling is handed down into the two separates Petition filed by the Ministry of Justice and the Movement For Progressive Change.
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.
Samukai’s notice to withdraw his earlier motion for the enlargement of time says, kindly take Judicial notice and spread upon the records of this Honorable Court that plaintiff/respondent hereby withdraw its Motion for Enlargement of Time without reservation.
And for so doing this shall constitute your and sufficient notice the withdrawal notice said.
Over the weekend, convict Samukai filed a motion of enlargement of time ahead of the post-trial conference scheduled for August 26, 2021.
In the six-count motion filed by the convict at Criminal Court C which is charged with the responsibility to execute the Supreme Court mandate, Samukai says, they are 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 Honour 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.
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.