PHOTO: Mr. Brownie Samukai
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- After failing to properly plead his client, Movement for Progressive Change (MPC) Writ of prohibition against the certification of Lofa County Senator-elect, J. Brownie Samukai, it seems that greenlight for his certification is in the pipeline.
He ran on the ticket of the opposition Collaborating Political Parties (CPP) in the December 8, 2020 Special Senatorial election.
Mr. Samukai had been convicted for corruption by the Criminal Court 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 was filed on March 1, 2021, but Lawyers representing the MPC seem not to have convinced the four members of the Supreme Court Bench, who heard argument pro and cons from both the petitioner’s lawyer, Kporto Gisi and lawyers representing corruption convict Samukai, Cllr. Augustine Fayiah and Cllr. Alfred Saryeh.
The argument which lasted for four hours, but the petitioner totally didn’t know where to start from before the four Supreme Court bench and he was being massively blasted at by the four members of the Supreme Court Bench for filling flying sheet which he referred to as a brief.
In the petitioner lawyer’s argument before the four members of the Supreme Court Bench Cllr. Gisi said that MPC is a corporate body certificated as a political party to freely express a membership issue that may have affected the constitution of Liberia under Article 21(j) and also 50.1 of the new Election Law.
Cllr. Kport Gizi whose filed a brief without any law citation as to why the Lofa County Senator elect shouldn’t be certificated struggled to defend the writ of prohibition filed by his client after the Justice in Chambers ruled in their favor ordering the alternative writ to be issued on May 4,2021.
The MPC’s lawyer further argued that when the Supreme Court upheld the lower Ruling on February 8, 2021, there conditions set for convict Samukai to satisfy before his disability can be removed and those conditions are not yet satisfy by convict Samukai.
MPC lawyer also relied on 50.12 of the penal law of Liberia which says once a person is convicted for a criminal offense, should not hold a public office but he was being questioned by Justice Sie-Nyene A. Yuoh as to whether the six months time given to the Ex-defense Minister Samukai has elapsed but he failed to answer it.
Also taking the stand was one of the lawyers representing convict Browne Samukai, Cllr. Augustine Fayiah who didn’t also know his way out before the four Supreme Court Bench members.
Cllr. Fayiah during his argument said, he didn’t see reason why Samukai shouldn’t be certificated when the MPC didn’t suffer any injury from the past election.
One of Samukai’s lawyers also quoted chapter 33 section 33.2 of the Criminal procedure law and more to that MPC didn’t take advantage of the election law ,which says that a party should file a complaint within seven days after the election, something he said the MPC has no candidate in the race that suffer from any injury at the result of Samukai conviction.
Both Counsellors Gizi and Fayiah was spoon Fed by the Supreme Court justices as to why the Chambers Justice Joseph Nagbe ruling should remain or reversed yet they were still struggling to make a move.
Also appearing on stage in defense of Browne Samukai was Cllr. Alfred Saryeh who told court that what the Prosecutors didn’t do at the lower court by stopping the certification of J. Brownie Samukai can’t be done by the Supreme Court.
Cllr. Saryeh said that the time six months time line given to his client has not elapse yet therefore his client should be certificated and more besides his client has not fail to satisfy the conditions given by the Supreme Court.
He requested court to trash the purported writ of prohibition filed by the MPC against his client and grant to him any legal relief that may be just and legal.
Appearing for the NEC was Cllr. Peter Y. Kerkula who said that the petition filed by the MPC wasn’t based on credibility or integrity of the NEC but rather based on petition which prohibit from certificating Mr. Samukai, after they were in the mood to certificate him based on a mandate from the Supreme Court.
Cllr. Kerkula who never knew his way out was also blasted by members of the Supreme Court Bench.
However, Justice Nagbe rescued himself from the matter because he presided and ruled in said petition in favor of the petitioner MPC.
Meanwhile, the four members of the Supreme Court Bench reserved ruling into the matter pending its determination.
The Supreme Court of Liberia Chambers Justice Joseph N. Nagbe on today May 4,2021, nailed convict Browne Samukai ex-defense Minister in a writ of prohibition filed on March 1,2021, by the chairman of the Movement for Progressive Change O’Neil Passawe not to certificate him as Senator.
The petitioner’ contended principally that the second respondent being convicted by the first Judicial Circuit Court for Montserrado County Criminal Court C for the crimes of theft of property, criminal conspiracy and misused of public funds which the Supreme Court upheld the lower court ruling on February 8,2021.
The petitioner’ prayed the high court to inhibit, restrain and prohibit first respondent NEC from certificating Mr. J. Brownie Samukai, because of the judgement of the Supreme Court upholding the lower court ruling.
The petitioner in his petition stated that convict Samukai is a convicted felon whose civil liberties are ceased for committing the crimes as charged; hence he cannot occupy and served in a public office as senator elect of Lofa County until the disability is removed that is by serving the sentence and certifying the penalty imposed by the trial court and subsequently affirmed by the Supreme Court of Liberia.
Upon the filling of the petition, the Chambers Justice Joseph N. Nagbe issued the stay order on the NEC and cited the parties to a conference on March 29, 2021. Following the conference, the Chambers Justice ordered the alternative writ of prohibition issued against the respondents here in and further ordered the clerk of the high court to notify said respondents to file their respective returns on or before March 16, 2021.
At the call of the case for hearing on March 29, 2021, one of counsels for the petitioner’ requested the court to make an application on the minutes of court which said application was granted.
In his application, the counsel for the petitioner informed this court that Cllr. Wilkins Wrights who filed the legal returns and brief for the NEC was the same lawyer who represented second respondent J. Brownie Samukai Jr. before the Supreme Court of Liberia during the argument of the parties for the crimes as charged against the second respondent from which conviction he excepted and announced an appeal to this court.
The court raised two cardinal issues whether or not a person who commits a felony and a suspended sentence imposed thereupon may be deprived of his/her civil liberties as provided by law?
First whether or not the petitioner lacks the legal capacity or legal standing to file and maintain this action for a writ of prohibition against first respondent NEC?
The Supreme Court of Liberia has defined legal “standing in the case Morgan V. Barclay et Al,42LLR(2004) including other opinions that standing to use means the party had a sufficient interest or stake in an otherwise justiciable controversy to obtain Judicial resolution of that controversy.”
The petitioner’ in this case is a political party organized and duly registered under Liberian law and more so Article 77 of Chapter 8 of the 1986 constitution of Liberia states inter alia that since the essence of a democracy is free competition of ideas expressed by political parties and political groups as well as individuals, parties may freely be established to advocate the political opinions of the people.
It is a known fact that vocation or office of a political party is to seek the welfare of the citizens of the country in which it is established and granted permit to operate. One of such duties of a political party is to contribute to the peace and stability of the country that should enhance the country’s socio-economic development.
Therefore, a political party cannot operate in a dysfunctional society where the rule of law is pushed under the carpet. Respect for the rule of law is a sine-qua-non for the sustainability of a democratic Society.
Acting in consonance with it very character and nature for it’s existence as enshrined in Article 77 of the 1986 constitution of Liberia, which the petitioner has acquired and thus possesses the legal standing to delve into such issue as regards the respect for the rule of law.
In light thereof, this court rejects the contention of the first respondent that the petitioner lacks the legal capacity or legal standing for the filing of this petition for a writ of prohibition.
The second issues, whether or not a single Justice of the Supreme Court of Liberia sitting in Chambers may or can undo the decision of the full bench of the Supreme Court, will now be addressed by this court.
To proceed forthwith, it is important to put into proper perspective this issue. This court recalls that during it’s October term of court 2020, some individuals who referred to themselves as registered voters of District #4 upper Lofa County Republic of Liberia filed a complaint before the NEC and alleged election irregularities.
The magistrate hearing officer of the first respondent NEC investigated the allegations and found them to be unfounded and therefore dismissed the case but the complainant took exception to the ruling and announced an appeal to Board of Commissioners at NEC who later affirmed the hearing officer ruling.
Wherefore, and in view of the Foregoing, and in accordance with the law of prohibition, it is my holding that the petition for the writ of prohibition has been properly applied for in consideration of the laws controlling.
The prohibition for a writ of prohibition should be and same is here granted. The clerk of courts is ordered to issue Peremptory writ of prohibition send a mandate to the first respondent, NEC disallowing the certification of the second respondent, J. Brownie Samukai, Jr., until his disability imposed on him by his conviction is removed according to law.
Meanwhile, immediately after the ruling, J. Brownie Samukai said he knew what the ruling could be didn’t go further with any other statement.