PHOTO: Former VP Joseph Boakai
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Record from the Monrovia City Court indicates that the main opposition Unity Party leader and former Vice President Joseph Boakai is evading the court, regarding a writ of subpoena ordering to appear in court on Tuesday, April 19, 2022 to testify for the state in the forgery case against fellow opposition ANC leader Alexander Cummings.,.
Cummings is being accused of tampering with the Framework Document of the bitterly divided Collaboration Political Parties (CPP) in a law suit recently filed by his political allie Benoni Urey of the opposition All Liberian Party (ALP).
The Sheriff ‘returns showed that the writ of subpoena Duces Tecum and Subpoena Ad testificandum were first taken to the Unity Party(UP) headquarters on Broad Street in Monrovia, but the former Vice President wasn’t seen to serve him the writ on April 15,2022.
On the 16th day of April A.D. 2022, the sheriff said he again took the writ mentioned above to the home of the former Vice President at Rehab in the Paynesville suburb of Monrovia, where the sheriff was received by EPS personnel and he was told that the former Vice President was getting dress and told to wait on him, something the Sheriff did.
But court record shows that after a while, his EPS bodyguards came back and informed the sheriff that former Vice President had gone to the Monrovia suburb of Gardnersville, after he was told that the former Vice President was getting dressing and he should wait a while.
From the sheriff returns read in court indicated that the former Vice President ‘is not a law abiding citizen’.
After deliberately refused to honor the court’s subpoena, state prosecutor headed by Liberia’s Solicitor General, Cllr. Saymah Syrenius Cephus on Tuesday April 19,2022 prayed that the court seeks or allows former Ex-Vice President of Liberia Boakai to write his deposition, instead of him physically appearing in court.
The deposition requested by the prosecution relies on Chapter 13 section 13.3 of the Civil procedure law of Liberia.
According to Cllr. Cephus, the deposition of the former Vice President is very important to the ongoing trial at the Monrovia City Court.
Addition writ of subpoena on Senators Kangar-Lawrence and Dillon, others
On the other hand, the Monrovia City Court on Tuesday April 19,2022, issued an expanded writ of Subpoena Dues Tecum or Subpoena Ad Testificandum on Liberty Party political Leader Senator Nyonblee Kangar Lawrence, Senator Abraham Darius Dillion, Isaac Manor former Unity Party Chairman, Mohammed Ali Unity Party Secretary General; current Unity Party Chairman, Amin Modad, to specifically produce the original copy of the press statement issued in respect to the longstanding controversy regarding the Collaborating Political Parties framework document.
Those named were also subpoenaed to appear and provide the original letter written by the lawyers headed by Cllr. Benedict Sannoh and copy of the National Advisory committee meeting in which Mr. Alexander Cummings was said to have confessed to fingering the CPP framework document or any related documents.
The Court also subpoenaed former Liberty Party chairman and senator of Lofa County Steve Zargo, Augustine Frederick to testify and identify meaning at the National Election Commission current hearing.
The court also subpoenaed Wedy Power of the ANC to produce and testimony she recently gave at the National Election Commissions (NEC) during the hearing on the framework document.
State prosecutors also prayed the court to issue subpoenas Ad testificandum on ANC Political Leader now defendant and Secretary General of said Aloysius Toe to produce and testify to resolution executed by Unity Party, Liberty Party and All Liberian Party regarding the formation of the CPP framework document which led to the signing of CPP framework document on May 19,2020.
Similar subpoena was also issued on the ANC party chairman to provide receipt of the resolution by the four political parties.
From the angle of the NEC, the court also issued subpoena on head of the political officer at the NEC Enesia Weah to produce the original framework document and covering letter filed by defendants Alexander Cummings, Aloysius Toe and senator Daniel Nathan for and behalf of CPP.
Fobah Swaray hearing officer at the NEC to produce the current meanings or record of Augustine Fredrick and Mohammed Ali in the current hearing at the NEC.
The Monrovia City court also subpoenaed Cllr. Benedict Sannoh head of the legal advisory committee of the CPP to testify to a letter written by him to senator Nyonblee Kangar Lawrence regarding the controversial CPP framework document and to identify and testify to which was amended when, where, why and how.
Former Chief Justice Gloria Scott also subpoenaed
At the same time, Cllr. Glorious Musu Scott was subpoenaed to produce and testify to a special investigative report written by her to advise Unity Party in respect to the CPP framework document.
The defense lawyers headed by Cllr. Abrahim Sillah objected in part as to state prosecutor application for the defendants namely Alexander Cummings, Aloysius Toe and Daniel Nathan to prosecutions of the CPP that were executed, which necessitated to signing of the CPP framework document on May 19,2020.
As to the deposition of the former VP, Cllr. Sillah in his resistance objected and request court to modify the application to the extent of the objection to the following reasons to writ:
That section 14.4 of the Civil procedure law which is applicable to the instant case grants the court to quash, modify or amend a subpoena so requested where it is shown that subpoena is unreasonable or oppressive or more imposed unreasonable conditions.
In his resistance, Cllr. Sillah added that if the court grants the subpoena ad testificandum for his clients, it will be flagrant violation of his clients rights to the doctrine of presumption of innocent and self-incriminating as guaranteed in Article 21 (h)of the Liberian constitution and the resolution which the prosecution requesting for are all they(prosecution) possession.
And said request for subpoena should be addressed to the NEC instead of his clients.
Former VP Boakai’s defense lawyer told court that the application requested by prosecution for the former Vice President to writ deposition should be denied, because there are other legal means for the issuance of subpoena Duces Tecum and Subpoena Ad testificandum.
And in the current case, Boakai’s lawyer argued that the prosecution exerted those means and it is a common practice in this jurisdiction that the former president Joseph Nyumah Boakai is in Montserrado barricaded at home and by preventing the service of subpoena deposition is meant to shield himself.
Meanwhile, Judge Jomah Jallah of the Monrovia City Court has granted the rest of the individual’s subpoena with the exception of the former Vice President deposition application made by state lawyers. ANC’s Political Leader Alexander Cummings, Secretary General Aloysius Toe and senator Daniel Nathan’s ruling was reserved pending notice of assignment.