PHOTO: NEC Chair Davidetta Brown Lansanah (Left) leaving the court on Thursday
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- When former President Ellen Johnson Sirleaf signed into law the Code of Conduct in years ago, she failed to establish an Ombudsman Office, which is the legal authority to enforce provisions in this Act of the Legislature.
And after being in office well over four years now, her successor President George Manneh Weah and his CDC government has also failed to do the same, a loophole that the lawyers of indicted National Elections Commission (NEC) Chairman, Davidetta Browne-Lansanah have taken advantage of to call for her corruption case to be dropped.
Criminal Court “C” Judge T. Ciapha Carey has for now dropped criminal charges against the Chairperson of NEC for lack of establishment office of the Ombudsman and the court also lacks jurisdiction over said matter.
The Ministry of Justice indictment, which emanated from a Liberia Anti-Corruption Commission’s investigation, accuses the NEC Chair of awarding a COVID-19 testing kite contract to her two brothers who owned and operate the Tuma enterprise during the recent Bong, Nimba, Grand Gedeh and Bomi Counties by-election instead of sending said information to the PPCCC according the Ministry of Justice indictment.
The contract was signed in October and end on 27 November 2021 and it should have ended, and each of those equipment rented cost US 900 when in fact if purchased said price is less than US$900.
The rented COVID-19 testing materials cost one hundred eighty-two thousand and three hundred and twenty United States dollars.
On December 2, 2022, an indictment was drawn against Madam Davidetta Browne Lansanah, chairperson of the national elections commission (NEC) charging with what it termed, violation of the code of conduct for public officials, and predicate offense to money laundering (insider trading and market manipulation).
According to Judge Carey’s ruling, it is the cardinal functions of the ombudsman are to enforce, to exercise oversight, to monitor and evaluation adherence to the code of conduct.
It shall also receive and investigate all complaints in respect to the adherence of the code of conduct and where it determines guilt by anyone investigated, said violation shall be submitted to the LACC and other relevant agencies of government.
This means that if the violation is as a result of a criminal act, say bribery, said would be submitted to the LACC or the authority responsible for that crime is established. Had the framers of the law intended to allow any other body to investigate complaints of the code of conduct in the absence of the Ombudsman, it would have expressly stated it in the law.
Madam Lansanah was subsequently served a writ of arrest on December 24, 2021 a day after it was issued by criminal court “C”, she tendered a criminal appearance bond which was duly approved by the trial judge.
The ruling early April 28, 2022, Judge Carey grant the motion to dismissed criminal charged against the NEC Chairperson without prejudice to the state, that is the state can at any time go after her or re-indict her for the crimes charged for.
This is because Judge Carey holds and finds that the court lacks jurisdiction over the subject matter of this case, over the thing involved, over the person of the defendant and also because the Liberia anti-corruption commission (LACC) lacked legal capacity to take unto itself the function of the ombudsman in assuming original jurisdiction to investigate alleged violations of the code of conduct.
Judge Carey maintained that it lacks jurisdiction over the subject matter and the thing involved “inside trading” and the “code of conduct” and that it is openly the office of the Ombudsman that can preside and award penalty in such cases.
Section 12.2 of the Code of Conduct says the office of the ombudsman shall receive and investigate all complaints, in respect to the adherence to the code of conduct.
In this case, the court says there is a determination of guilt and violation by the private and public officials and employees of government, said violation shall be submitted by the ombudsman to the LACC or other relevant agencies of the three branches of government and civil society organizations in order to develop regulations for the Code of Conduct.
The court says for the LACC to acquire capacity to investigate and prosecute alleged violations of an act that is in breach of the COC, the LACC must receive from the ombudsman a report which contains a finding or determination of guilty against the accused, only then can the LACC conduct criminal investigation and prosecution for violations of the act which is criminal under the laws.
While the LACC argued that “insider trading” is listed as a predicate offense to money-laundering under chapter 15, section 15.3 of the Anti-Money Laundering and terrorist financing act of 2012, the court holds that it did not cite any provision of the said chapter 15 or any other provisions of the money laundering and terrorist financing act where ‘insider trading” is defined or criminalized.
With this dismissal of the indictment, these proceedings are abated and discontinued forthwith; also, the defendant has been discharged from further answering in these proceedings as though the said case was never initiated.
The court at the same time, ordered that madam Lansanah criminal appearance bond filed at the time of her arrest be returned to her.
Meanwhile, the state through the LACC has taken exception to judge Carey’s verdict and announced an appeal to the supreme court.