PHOTO: Gonquoi and his EFFL officials
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The leader of the Economic Freedom Fighters of Liberia (EFFL), Emmanuel Gonquoi and two of his officials are again under arrest by order of the Monrovia City Court.
He and two of his officials were released last week, after spending a night in the Monrovia Central Prison for locking the main entrance to the Capitol Building and other alleged offenses.
Referred to as the EFFL’s “Commander-In-Chief”, Emmanuel Gonquoi and his officials are being charged with the crimes of terroristic threats, simple assault, felonious restraint and disorderly conduct.
The Court said their re-arrest was due to: Violation of section 2.4 of the Civil procedure law of Liberia which states that at every stage of the proceedings, Defendants should be present in court and the penalty thereof is bail jumping section in section 12.6 of the Criminal procedure law and upon said violation, the Monrovia City Court re-Arrested the head of the Economic Freedom Fighters Emmanuel Gonquoi and one of his official.
Request for their re-arrest was made by Liberia’s Solicitor General, Cllr. Sayma Syrenius Cephas in a pretrial hearing before the Monrovia City Court.
Prior to the commencement of the pretrial hearing, the defense Lawyer, Cllr. Jimmy S. Bombo informed the court that all the charges levied against his client, Gonquoi and his colleagues are not trialble before the Monrovia City Court, because it lacks jurisdiction.
He said the matter at hand should be transferred to the Circuit Court and waved preliminary examination through a submission made.
Cllr. Bombo argued that during a pretrial conference, it not necessary for the defendants to be present in court, unless when the trial officially commences and the Defendants are arraigned in court.
In resisting the submission made by the defense Counsel, the chief State Prosecutor Cephas requested the court to deny said submission on grounds that all charges are triable before the Monrovia City Court.
More to that, Cllr. Cephas claimed that that their re-arrest order was because the defendants jumped bail, something that warrants that they be placed in common jail.
But the Monrovia City Court , presided over by Judge Jomah S. Jallah, said that having listened to the submission of the defense Counsel waving preliminary examination, and the resistance thereto by state lawyer Cephas, it has resolved to re-arrest Mr. Gonquoi and his colleagues.
Judge Jallah said after carefully perusal of the first writ of arrest issued, all the charges are can be tried by his Court and he denied the submission made by the defense lawyers to wave preliminary examination.
Meanwhile, the Defendants are currently under the jurisdiction of the Court, meaning that they could either be sent to jail or released to their lawyers.
Background to the legal battle
The EFFL leaders’ arrest and jailing last week by the City Court was triggered by a Justice Ministry complaint against them for the unlawful locking of the Capitol Building on July 21, 2021, because of Liberian Lawmakers’ delay in signing a Bill for the setting up of a war and economic crimes court .
The writ of arrest says, you are hereby commanded to arrest the living bodies of Emmanuel Gonqueh and other to be identified, Defendants and forthwith bring them before the Monroe City Magisterial Court, Temple of Justice to answer to the charges of terroristic threats, simple assault, felonious restraint and disorderly conduct based upon the oath and complaint of the Republic of Liberia by and thru the Ministry of Justice plaintiff in which it is substantially alleged as follows:
That during the period of July 21,2021, about 5:30 am in the area of Capitol bye pass, the City of Monrovia, Montserrado County, Republic of Liberia, the within named defendants being a group dressed in red t-shirt said to have come EFFL headed by Co-defendant Emmanuel Gonqueh went to the premises of the Capitol building and purposely with violent attacked the gate of the Capitol building opposite the Executive Mansion beat and inflicted wounds and injuries on the security guards assigned there, raining insults publicly and intentionally broke the lock before installing their own chains with lacks with the intent to terrorize the public, staff and employees thereat.
The alleged act of the defendant being unlawful, wicked, illegal violent and intentional is in violation of section 11.16 of the amended act of section 14.21 and 17.3 of the New Penal Law of the Republic of Liberia there and then the crime herein the defendants did do and commit.