PHOTO: Cllr. Saymah Syrenius Cephus, former Solicitor General
TEMPLE OF JUSTICE, Monrovia– Former Solicitor General Saymah Syrenius Cephus guilty for violating Liberia’s Traffic law by the Traffic Court.
The Court handed down its verdict recently (May 29,2025).
According to the court ruling, Joseph Papie Mulbah, the operator of KIA Sedan SUV bearing license plate A52827 along with his lawyer, Cllr. Sayma Cyrennius Cephus petitioned the Monrovia Traffic Court to challenge a uniform traffic ticket that was issued to the operator on Wednesday, May 13, 2025 for traffic violations, alleging it had No registration which contravenes section 3.93 of the Vehicle and Traffic Law of the Republic of Liberia.
At the call of the case, the Petitioner / Operator was represented by the AFDA Global Law Firm with Cllr. Sayma Syrenius Cephus present and while the Respondent was represented by the Ministry of Justice to include all prosecuting Attorneys and Cllr. Peter K. Gbanyan appeared on behalf of the Respondent and requested to spread a submission on the minutes of court upon the notation of parties representation.
The court acknowledged the representation of the parties and granted Respondent (Ministry of Justice) request at which time the Respondent counsel move the court for continuance on grounds that the matter was just being brought to his attention as a lawyer and has to be abreast with the facts in order to adequately represent the legal interest of his client.
In resisting the submission made by the lawyer representing the police, Cllr. Cephas proffered a five-count resistance to the submission for continuance stating that:
Cllr. Cephus added that The Respondent/Applicant provided no legal basis for the continuance as to the grounds stated hereinabove when in his representation, he announced to be representing the Republic of Liberia and the Republic of Liberia being a party defendant to these proceedings has a team of lawyers at the Ministry of justice, Republic of Liberia
Count two Cephas’ resistant stated:
That when a representation is made for and on behalf of the Republic of Liberia, it involves all prosecuting attorneys therein and this matter being against the Republic of Liberia, the excuse provided by the Movant counsel is not a matter of law and that the Court should order this matter proceeded with on grounds that the state has a lot of lawyers within its employ.
He further said:
That given the nature of this matter and the misinformation being spread about this case, it will be in the authority of the court to expeditiously hear this matter without delay indicating that the procedure regarding the issue of ticket is summary in nature meaning, ticket hearing petition is in the form of a summary proceedings where the court is under obligations is to give a summary ruling based on the evidence to be adduced.
That based on count 1 in which the Respondent have provided no legal basis for his request where he has stated no time frame to which he is ready and using the principal of continuance, the Respondent counsel should have stated that the matter be assigned either for tomorrow or day after and since the Movant counsel intended to sport with this matter by asking for an open ended continuance to the detriment of Petitioner counsel and therefore same should be denied and dismiss.
And finally according to court record, counsel says as that your honor have rightfully stated that a ticket hearing is most of the time between the receiver and the giver but given the nature of this matter, you have decided to have a formal proceeding, we crave your indulgence to have this matter proceeded with on its merits.
The application for continuance was denied and the matter was order proceeded with on grounds that the representation of the Respondent Counsel at the call of the case was made on behalf of the Republic of Liberia who is a party defendant to these proceedings and has a voluminous team of lawyers at the Ministry of justice, Republic of Liberia.
Subsequently, the Petitioner in these proceedings file a motion to dismiss and have the ticket issued to his client on May 12, 2025 nullify for the legal and factual reasons as showeth below:
- Counsel cites title 38 / LCLR, Vehicle and Traffic laws states that vehicle registration shall be periodically done and that is if a vehicle register for instant January 1, 2024, the document of that vehicle will expired on December 31, 2024 but the law provides a grace period of 31 days meaning the operator of the vehicle will continue to use his document up to the 31st January, the following year and that is if a vehicle registers on the 15th od April of a year, the document will expired the dolling year the 15th of April and the operator will continue to use his document for a 31 say grace period.
- Petitioner informed this court that he obtained the vehicle registration on the 25th of April ,2024 and that is the documentation of petitioner expired on the 24th of April 2025 but under the grace period, petitioner had up to May 31 to renew his document as provided for under section 3.7 of the Vehicle and Traffic law.
- Petitioner acknowledged that he is fully aware of the expiration of the document on April 2024, for which he apply for new documentation with the ministry of transport on May 9, 2025 and this instrument was issued to petitioner on May 13, 2025. These instruments are hereto attached it client was arrested on May 12, 2025 and represented a ticked on account of not having document.
Petitioner presented a document to the police officer and inform the police officer that the registration period for the new year was in process and petitioner had a grace period of 31 day starting from May 1 to May 31 and the information for the registration of the document for the new year was in process and copy of its was at the office.
- Petitioner says that respondent the manner and form in which the ticket was issued by the Respondent officer made petitioner believe that he was being targeted by providing the following observation: that petitioner did not have a plate to the back, and though he was inform that the plate was in the trunk of the car, he still insisted that he was no longer interested in the plate but the expiration of the document.
- Petitioner says that the new practice which is now normal that is vehicle registration documentations is not one of the functions of the Liberia national Police, that responsibility was taken away from the Liberia National Police and given to the Ministry of Finance and Development and later to the Ministry of Transport and whenever they are about a to carry out vehicle registrations inspection, same will be heard on radio and during the exercise, the police is always there to help enforce the process.
Counsel says that the idea of the ticket issuance with the inscription no registration document supposes that his client was being targeted by the Liberia National Police. Counsel further submitted the following documents into evidence to form part of the records of the court.
- the vehicle registration certificate for April 25, 2024 that expired on the April 24, 2025 with a grace period pursuant to section 3.7 of the Vehicle and Traffic law;
- the vehicle registration document dated May 9, 2025 including the certificate that was issued on May 13, 2025;
- prays this court to take judicial notice of the ticket that was issued to this court.
In resisting to the motion to dismiss made by the counsel for Petitioner, Respondent (Ministey of Justice),counsel claimed that the motion was unmeritorious, unfounded and ilegal and as such should be deny and dismiss and stated the following to wit in his resistance:
- That as to count one of petitioner’s (Cllr. Cephas) application, respondent says that same should be set aside, dismissed and defeated as chapter 3. Subchapter B caption registrations subchapter 3.81 of the Vehicle and Traffic Laws of Liberia says and I quote verbatim “that on January 1, of each year, the owner of a motor vehicle or bicycle shall pay an annual registration fee on each vehicle owned by him.
In further traversing petitioner’s unmeritorious application, Petitioner legal reliance of section 3.72 of the vehicle and traffic law of which the petitioner relies on a conditional statement speaks to maybe which is squarely discretional and not mandatory.
- In traversing count two of counsel’s application to this court which he stated to this open court that his document or registration has expired on the 24th of April, 2024 it is an admission of the traffic violation being charged which is in conformity of 25.8 of the civil procedure law which speaks to admissibility. Counsel for respondent incorporates petitioner count 3 into count 2 and rely on chapter 25.8 of the same civil procedure law for the fact that the petitioner has registered his car on May 13, 2025.
- Traversing count 4 of petitioner’s petitioner, respondent says 25.8 admissibility shall lie because the counsel says that his car did not have a back plate. Counsel for Petitioner cites 3.63 paragraph of the vehicle and traffic law that talks about displaying of plates” Registration plates issued for a vehicle other than motorcycle bicycle or trailer shall be attached hereto one in the front and the other in the rear; every registration plate shall at all times be securely fasted in a horizontal position to whom it was issue to prevent the plate from swinging from a height of not less than 12 inches from the ground measuring from the bottom of such plate in the position to be clearly visible and must be maintained free from foreign materials to be clearly legible.
- Respondent says that the petitioner’s assertion that the inspection of vehicle and registration document is not the function of the LNP, counsel cites section 22.72 paragraph 8 of the police act of 2015 caption functions of the Liberia National Police, the Police shall enforce the vehicle and traffic laws on the roads and it was on an enforcement of such law that respondent was executing on the said date and time.
In conclusion, Respondent Counsels Cllr. Gbanyah prays Court to deny and dismiss Movant’s motion to sustain the ticket that was issued to the petitioner on May 12, 2025 for his failure to have this vehicle register, for his failure to have the plate mounted at the back of the vehicle and submit.
The Court headed by Karsor Zubah requested both counsels to cite their legal reliance during argument. Counsel for Petitioner cites the following law, section 3.93 of the Vehicle and Traffic law, section 3.7 chapter 25.6 Best evidence rule, 25.5. Burden of proof, 25.4 Relevance and we want the court to take judicial notice of the certificate of registration of the date of expiration and the ticket that was issue and the traffic officer claim to rely upon, records of registration of May 9 and new document of May 13 and the date of the ticket of May 12, 2025 and meanwhile, Counsel for Respondent cited section 3.81 & 3.6 sub-section of the Vehicle and Traffic Laws 3.
After a careful review of the case file, the relevant laws cited and documents provided into evidence, this court sua sponte and observed the following that:
- That the vehicle subject of traffic violation operated by the Joseph Papie Mulbah is owned by the Petitioner’s Counsel in person of Cllr. Sayma Cyrennius Cephus who is a resident of Thinker Village, District 6, Montserrado county, with cell phone number 0777909053 evidenced by the vehicle registration certificate issued by the Ministry of Transport.
- The vehicle registration certificate which validity period commenced from April 26, 2024 up to and including April 24, 2025 which the Petitioner is claiming grace period pursuant to section 3.7 of the Vehicle and Traffic Law for 2011 KIA K7 SUV vehicle bears license plate A528327 with VIN # KNALM415BCA060368 falls within registration category of New Registration.
- The new vehicle registration certificate which validity period commenced from May 13, 2025 up to and including May 12, 2026, for vehicle 2011 KIA K7 SUV vehicle has a new license plate number A32941 with the same VIN # KNALM415BCA060368 falls within a new registration category name Change of category thus causing variance for the same vehicle thereby creating doubts in the mind of this Court.
This Court says as to the variance in the registration category for the vehicle subject of traffic violation, registration of vehicle lied squarely in the province of the Ministry of Transport and not the Traffic Court.
The court further says that the main issue before it is not only about expiration and renewal of registration vehicle section 3.7 but also improper use of evidence of Registration section 3.93. The ticket in question was issued to the operator for improper use of evidence of registration and No registration.
According to the Vehicle and Traffic Law of the Republic of Liberia, Section 3.93. Improper use of evidences of registration Says “No person shall lend to another any certificate of registration, registration plate, or special plate issued to him if the person borrowing the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display for or upon any vehicle any certificate of registration or registration plate not issued for such vehicle or not otherwise lawfully used thereon under this chapter. Any person who violates this section is subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both”.
- 3.7. Expiration and renewal of registration.
“Registration of a vehicle shall be renewed periodically in the same manner and upon payment of the same annual fee as provided for registration. Registration and certificates of registration shall expire on the 31st of December of each year, but the registration of a vehicle in effect on the last day of December may be used during the month of January following for the operation of the vehicle for which it was issued”.
Vehicle registrations must be renewed annually with the same fee and process as the initial registration.
Vehicle registrations and certificates expire on December 31st of each year. There is a one month grace period (January) during which you can operate your vehicle with the previous year’s registration while completing your renewal.
The registration cycle is fixed to the calendar year (January-December). You have until January 31st of the following year to complete your renewal without penalty to be paid to the Ministry of Transportation. This same law is applicable to any all other month (January to December)
Comparing this law or process to the real estate taxes payment or lawyer license, the vehicle registration law provides a grace period of one month. However, the same principle of real estate taxes and lawyer licensing applies, paying late does not shift your renewal cycle. The December 31st expiration date should remain fixed regardless of when you actually pay for or obtain your registration.
This system is to ensure all vehicle registrations are synchronized to the same annual cycle, simplifying enforcement for the authorities.
The Ministry of Transport is not enforcing the December 31st expiration date and January grace period as strictly as mandated by law.
The Transport Ministry could align its practices with the existing legislation by:
- Strictly enforcing the December 31st expiration date for all registrations
- Implementing penalties for operations beyond the grace period.
- Standardize the renewal process to occur primarily in January and in subsequent months following.
The framers of this law strategically designed the December 31st expiration and January grace period in order for all vehicle registration to be uniform. Because it is not possible to have every vehicle registration done in January of the same year. The vehicles that are registered in other months are equally entitled to the one month grace period as it relates to the registration of the vehicle.
However, Judge Zubah said, there is a strict adherence to the law when it comes to enforceability and that strict adherence led in the authority of the Liberia National Police by law. The Liberia National Police acted of 2015 gives the Liberia National Police the authority to enforce all laws.
He said, As a vehicle owner, the vehicle and Traffic Law gives you one month grace period to be able to renew your vehicle registration and your failure to do your registration on time, there is a penalty set for by the Ministry of Transports.
According to the facts in this case, the vehicle in question registration expired on April 24, 2025 at midnight. As of that moment, the Liberia police National has the authority to issue tickets to any vehicle(s) and or operator(s) who is not in compliance as per the vehicle and Traffic Law of the Republic of Liberia.
WHEREFORE AND IN VIEW OF THE FOREGOING, the operator of the vehicle with license plate number A528327 with VIN # KNALM415BCA060368, Mr. Joseph Papie Mulbah is guilty of the offense of “No Registration”, section 3.7, caption expiration and renewal of registration and he is to pay the amount of US$50.00 (United states dollars) as indicated on the ticket issued him within 72 hours and the flag receipt brought forward to this court before authorizing the release of his driver’s license to him.