FLASHBACK: Ex-Defense Min. Samukai leaving the Criminal Court during his trial
By Garmah Never Lomo, garmahlomo@gmail.com
Monrovia, Liberia- Less than a week after the Supreme Court of Liberia ruled and revoke the suspended sentence of former Defense Minister Brownie Samukai and his two former deputies, Criminal Court “C” has set this Friday, February 4,2022 as the date to implement the Supreme Court’s mandate to incarcerate the trio.
Recently, the highest court in the land revoked the two years suspended sentence of the three former Defense Ministry official, ordering that they be sent to jail, because of their failure to pay the 50% of the well over one million US dollars stolen from the welfare funds of soldiers of the Armed Forces of Liberia (AFL). The other two former Defense Ministry officials are Joseph P. Johnson and Nyumah Dorkor,
The Supreme Court mandate will be read to the convicts. And thereafter, they will proceed to the Monrovia Central prison where they will serve their two years jail sentence.
According to a credible source close to the Criminal Court “C”, if the convicts are not available, their lawyers will be held for contempt of court until they can produce their clients.
But the leg of one of the convicts, Nyumah Dorkor is said to be amputated due to diabetes or sugar illness.
Background
On Thursday January 27, 2022, the full Bench of the Supreme Court of Liberia revoked the suspended sentence imposed on former Defense Minister Brownie Samukai and his two deputies– Joseph P. Johnson and Nyumah Dorbor– due to Judge Blama Dixon misinterpretation of the Supreme Court February 8,2021 mandate which upheld the Criminal Court “C” ruling.
The Supreme Court to revoke the two years suspended sentence of the former Defense Minister Samukai and his two deputies, came as the result of a Bill of information filed by state lawyers headed by Liberia’s Solicitor General Saymah Syrenius Cephas against Judge Dixon and co-respondents Samukai and others.
Judge Dixon while ruling the February 8, 2021 shared the first 50% of the AFL pension money which was totally contrary to the Supreme Court ruling.
According to the Supreme Court on Thursday January 27, 2022, defendants Samukai and his two deputies bridged the condition of suspended sentence because they never complied with their first 50% mandate given on February 8,2021.
The high court in its opinion read by Associate Justice Sie-A- Nyene G. Yuoh said that the law provides that where criminal defendants are jointly adjudged guilty of a crime, they are together, considered collectively responsible for any fine and or penalty until the judgement is fully satisfied.
That Judge A. Blamo Dixon improperly executed the mandate of the Supreme Court when he relied on the ruling of Judge Yamie Quiqui Gbeisay which had been modified by this court and apportioned the judgement amount of US$1.147,656.35 among the three (3) defendants and ordered that each respondent including the co-respondent J. Brownie Samukai, pays his share of 50% of the judgement sum which he calculated to be US $191,276.05, the judge is clearly in error and hence a bill of information will lie.
That given the clear language of the February 8,2021, opinion and judgement of the Supreme Court regarding the joint liability of restituting the judgement amount the payment by co-defendant Samukai in the amount of US$191,276.05 cannot be considered compliance with the mandate of the Supreme Court.
That a bill of information will lie to prevent the inferior court or officer thereof who attempts to execute the mandate of the Supreme Court in an improper manner or to prevent any one whomsoever from interfering with the judgement or mandate of the court. Hence, this bill of information is the appropriate remedy where it is established that the trial court is improperly executing the mandate judgement of the Supreme Court.
That the bill of information filed on August 18, 2021, by the second respondents requesting for enlargement of times is a plea made in bad faith, as one cannot claim satisfaction or reparation and at same time pray for time to comply; thus, by virtue of the decision taken by this court in this bill of information the request for enlargement of time has become moot.
That the second respondents, including co-respondent J. Brownie Samukai having collectively failed to comply with the mandate and judgement of the Supreme Court that is, to pay 50% of the judgement sum in the amount of US$573,828.15 within the period of six months, the second respondents have breached the conditions of the conditions of their suspended sentence; hence, the two years to which they were sentenced, but suspended, is hereby revoked.
The court said, they will now serve two years imprisonment and pay the full judgement amount of US$1,147,656.35, less the amounts already paid by them. Upon their failure to pay, they shall remain in prison until the balance is fully liquidated at the rate US$25.00 per month.
Wherefore and in view of the foregoing, the informant’s (Ministry of Justice) bill of information is hereby granted. The Clerk of this ordered to send a mandate to the trial court to resume jurisdiction over this case and give effect to this judgement.
Meanwhile, Samukai and the other defendants were represented by Cllr. Augustine Fayiah and Cllr. Wilfred Sayeh while, the Ministry of Justice was represented by Cllr. Wesseh A. Wesseh.