PHOTO: Samukai poses for picture with family and supporters on the grounds of the court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Ahead of post-trial conference slated for August 26,2021, supporters and friends of former Defense Minister J. Brownie Samukai are have completed his portion of the 50% of the AFL soldiers’ welfare money on Thursday, August 19,2021.
But many are wondering whether he will survive from the double petitions filed by both the opposition MPC of Mr. Simeon Freeman and the Ministry of Justice pending before the Supreme Court of Liberia for NEC not to certificate him.
The group presented a check of one hundred seven three thousand two hundred and seventy six(173,276.05) to complete his portion of the 50% as mandated by the Supreme Court on February 8,2021, after upholding the lower court’s Judgement.
In March and April this year, the sympathizers and supporters of Samukai collected US$12,000 but it was later raised to US$18,000 prior to the completion of his 50% portion of the AFL money.
Accordingly, to record before court for his two former deputies Joseph P. Johnson and Nyumah Dorkor of paying amount of their portion of the money.
During the presentation of the check at Criminal Court “C”, one of the strong supporters of Mr. Samukai, madam Sarah K. Kullie said did what they promised by paying their son (Samukai) portion of the 50% of the AFL money.
Accordingly to madam Kullie, they the citizens of Lofa County can’t defy the court, because they are law abiding citizens, adding that they payment was done in good faith.
She added that it was difficult for their son, Samukai to get the money but through friends and supporters, they collected the money to pay on their son’s behalf.
Also speaking at the presentation was the National Coordinator of Friends of Samukai, Ablass Mark Biaty said their presentation is made to fulfill their earlier commitment during the first payment of the money on March 24,2021.
Mr. Biaty told journalists that citizens of Lofa County always demonstrate leadership ability and more besides they are peaceful people.
He said they made the commitment of paying the portion of the 50% of Mr. Samukai and they expect nothing less but the certification of Samukai, in order for Lofa County to be represented since he has now fullfilled the Supreme Court mandate.
For her part, is Lofa County former development superintendent madam Younger Sherman who said Lofians are people who are committed to their saying.
Madam Sherman, they the Lofa County United women for progress made farm and contributed to the portion of Samukai 50% of the AFL money.
She said Lofa County decided to clear their son’s name and the monies were generated from friends and supporters of Samukai in Guinea, Nigeria, Europe, Ghana and the United States.
The fate of Liberia’s former Defense Minister, who was declared Lofa County Senator-elect, continues to hange in the balance, as the Supreme Court of Liberia today, Monday, February 8, 2020 upheld the lower Criminal ‘C’ conviction against him for corruption during his tenure in the former Ellen Johnson Sirleaf’s regime.
He ran and won the Senate seat on the opposition CPP ticket in the December 8, 2020 Special Senatorial election, a victory upheld by the Board of Commissioners of the National Elections Commission, after a series of challenges by some of his opponents from Lofa.
The nation’s highest withheld and modified the criminal court C ruling involving the former Defense Minister and one of his deputies and the Comptroller, saying that “the law extant in this jurisdiction that a person is guilty of theft of property when he knowingly takes misappropriates, coverts or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another with the purpose of depriving the owner there of.”
The Criminal Court ‘C’ on Tuesday March 24, 2020 found former Liberian Samukai and his deputies guilty of corruption, but Defense Lawyers took exception to the ruling and announced that they will file Appeal to the Supreme Court.
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 US460,000.00 in addition to US$687,656.35, making a total sum of US$1,147,665.35.
The writ of prohibition was issued by the Supreme Court justice in Chambers Joseph N. Nagbe on March 5, 2021 to the NEC.
The writ states that by directive of his Honor Joseph N. Nagbe, Associate Justice presiding in Chambers, you are hereby cited to a conference with his Honor on Tuesday, March 9, 2021 at the hour of 2pm in connection with the above captioned case.
Meanwhile, you are hereby ordered to stay all further proceedings and or actions in the matter, pending the outcome of the conference.
On February 24, 2021, the Supreme Court of Liberia ruled in favor of CPP candidate Brownie Samukai in an electoral dispute case where three of his rivals claimed that there were Election irregularities and fraud in Lofa County District #4. But the Supreme Court ruled in favor of Samukai and sent the mandate to the NEC to proceed with the matter.
The recent ruling by the Supreme Court has triggered many reactions from legal practitioners with the Ministry of Justice sending two separate communications to the NEC not to proceed with the Certification of the CPP candidate Brownie Samukai.
In the midst of this legal tussel involving the CPP’s candidate, citizens residing both Lofa and Monrovia have vowed to stage an Uncontrollable actions against the CDC led government and the NEC.
The fate of Liberia’s former Defense Minister, who was declared Lofa County Senator-elect, continues to hang in the balance, as the Supreme Court of Liberia today, Monday, February 8, 2020 upheld the lower Criminal ‘C’ conviction against him for corruption during his tenure in the former Ellen Johnson Sirleaf’s regime.
But 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.
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.
That the defendant is guilty of misuse of public fund when he disposes, use or transfer any interest or property which is entrusted to him as of;
That there is unrefuted evidence gathered from the record of this case that the soldiers of the AFL compulsory contributed to the fund in the AFL pension account established at Ecobank Liberia LTD therefore the said account is not a public account intended for the ministry of national defense.
That there are evidence from the record showed that defendant Samukai over fiduciaryof the soldiers of the AFL pension account.
Wherefore in view of the foregoing, the final judgement of the trial court judge is hereby affirmed with modification.
At the same time, the Supreme Court has ruled that that Samukai and the other defendants are all hereby sentenced to serve a term of two years each in a jail.
However, the high court’s ruling says the sentence shall be suspended provided the said defendants shall restitute the full amount of USD 1,147,456.35 or 50% there of within the period of six months and thereafter enter appropriate arrangements to pay the remaining portion in one year shall the defendants fail.
If they refuse to pay the remaining portions in one year, the defendants shall be incarcerated in the common jail and there in until the full amount is paid or liquidated at the rate of 25 USD per month as provided by law, the Supreme Court’s ruling added.
Facing the lower court, former Minister Samukai and the two other former Defense officials were represented in the trial by Cllr. G. Wiefueh Alfred Saye, Cllr. J. Augustine Toe and Cllr. Ruth Jappah.
The defendants pleaded not guilty to the charges in the indictment. Mr. Samukai said:
“The Ministry of National defense authorized the expenditure of funds from this account on the soldiers’ welfare without the requisite consent of the AFL high command; and that all monies spent on military personnel welfare should not have been handled by and through the government normal budgetary appropriation and not from the AFL account.