PHOTO: (L-R) Sacked RIA boss, Bishop Klayee and suspended LWSC boss, Duanna Kamara
TEMPLE OF JUSTICE, Monrovia- The Monrovia City Court has dismissed the travel ban writ requested by the Justice Ministry and the LACC against the dismissed Managing Director of the Roberts International Airport (RIA) Bishop John Allen Klayee and three other suspended officials of other government agencies.
The court, presided over by Judge Jomah Jallah, on Monday, August 23, 2021, quashed the Ne-Exeat Republica, following a motion filed by their respective lawyers.
Others whose rights have been restored include the suspended Managing Director of the Liberia Water and Sewer Corporation (LWSC), Duannah A. Kamara and former chief financial officer of the Liberia Aviation Authority George D. Yuoh.
Judge Jallah quashed the writ of Ne-Exeat Republica prayed for by LACC on ground that before said writ is filed, there should a matter pending before the court but there was no matter pending before the court to prevent the names mentioned above.
The nine-count motion filed by Bishop John Allen Klayee says: a Writ of Ne-Exeat Republica may be obtained in the same way that an injunction is obtained. That is on a a prayer in the bill and application to the court based upon a sworn petition or affidavit setting forth a sufficient ground to justify the issuance of the writ. Movant says that usual practice is to make the application by petition or motion supported by affidavit and submits that in the instant case, the respondent did not file a petition or a motion supported by affidavit and Magistrate Jallah was requested to take Judicial notice of the case file in substantiation of the averment contained herein.
Further to Count two above, movant also says that affidavit of the application for the application for the writ of Ne EXEAT Republica must show that the defendant intends to leave the state very soon; it must be positive as to this point, or must show threats or declaration to that effect or facts evidencing it or circumstances amounting to it and the affidavit should allege that the Defendant’s threatening departure would enable him to avoid this obligation to the plaintiff and render any ensuring judgement against the defendant effectual.
Also to count(1)(2)(3) above, movant says that while it is true that the application for Ne EXEAT Republica is usually an Ex parte Application and made be granted after an Ex parte hearing, the law requires that the court give the defendant an opportunity to present testimony where the pleading squarely raised a question of facts as to whether the defendant against whom the writ is sought is planning to depart the jurisdiction of the intent to defraud. It further stated that law imposes the burden on the party seeking the issuance of the writ of Ne EXEAT Republica to show exceptional circumstances warranted the relief sought and that burden must certainly be at least as great as that required to obtain other types of injunctive relief and such allegations must be proved to the satisfaction of the court.
In the instant case, the allegation of the respondent is that it is conducting an alleged corruption scandal involving movant and therefore, was seeking the Court’s assistance in respondent’s investigation by preventing movant from leaving the bailiwick of the Republic of Liberia pending the completion of the investigation. There is no allegation and established proof that the movant is planning to depart the jurisdiction with the intent to defraud or invade justice.
Count of the movant motion added that the 1986 constitution of Liberia grants unto every Liberian citizens to leave and to enter Liberia at any time. Accordingly, the law provides that writs of Ne EXEAT Republica should be employed only upon the most careful consideration of the interest of all the parties to the underlining action because of their substantial impact upon an individual liberty.
Furthermore, the law imposes on the party requesting the writ, the burden of demonstrating that this restrain of liberty is a necessary and not merely coercive and convenient method of enforcement and in the instant case, movant submits that the issuance of the writ of Ne EXEAT Republica on ground that the government of Liberia is conducting an investigation into an alleged financial malpractice involving movant is clearly coercive and violates Morant’s constitutional rights to leave and enter Liberia at any time.
WHEREFORE and in view of the foregoing, movant prayed his Honor Magistrate Jallah to discharge and quash the writ of Ne EXEAT Republica; and grant unto movant any other and all further relief his Honor may deem legal,just and equitable in the premises.