PHOTO: Cllr. Wilkins Wright
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- After the Chambers Justice Joseph N. Nagbe issued the Peremptory Writ on March 9, 2021, Liberia’s Solicitor General Syrenius Cephas alarmed that Cllr. M. Wilkins Wright shouldn’t have represented the National Election Commission (NEC), because he represented Brownie Samukai in a criminal case at the Circuit level.
And it was exactly said motion filed by the petitioner lawyers today, Monday, March 29 2021 bringing SG. Cephas’ statement under the spotlight.
Cllr. Cephas told Reporters at the Temple of Justice on March 9, that Cllr. Wright was involved with ethical transgressions in which he serving as lawyer for convict Browne Samukai at the same time representing the NEC, something he said the Republic of Liberia takes exception to; even though the Republic of Liberia is outside the case.
Lawyers representing the Movement for Progressive Change (MPC) of Simeon Freeman, Cllr. Amborse Tarplah requested the court to look at the presence of Cllr. M Wright, who represented the second respondent (Samukai) in the same case on February 8, 2021.
Cllr. Wright is former Associate Justice of the Supreme Court of Liberia.
The petitioner (MPC) lawyers filed a motion for Cllr. Wright to recuse himself on ground he represented Browne Samukai in the same matter.
Furthermore, the conduct of former Associate Justice Wright violates the provision of the code of professional conduct.
Based upon said request, the MPC lawyers requested that Cllr. Wright rescue himself from the matter since in fact he has earlier represented Browne Samukai in the same case and his present poses conflict of interest and breach of conduct.
In resisting said motion filed by the petitioner’s lawyers, Cllr. Augustine Toe one of Counsel for first respondent (NEC) admitted that Cllr. Wrights represented Lofa County srnator elect Browne J. Samukai both at the Civil law Court and Criminal Court C and up to the Supreme Court level.
But in this case, NEC and Mr. Samukai are on the same side and therefore, the representation of Cllr. Wright has nothing to do with the case directly or indirectly.
Ex-Defense Min. & Senator-elect Brownie Samukai
In furtherance to his resistant against the motion, Cllr. Toe submitted that in these proceedings, NEC who is first respondent and Samukai second respondent are not adversary and more besides they are on the same side in this proceeding and so conflict of interest does not exist.
In view of the above, Cllr. Toe prayed court to deny and dismiss the submission of the petitioner who submission or motion is made in bad faith and intended to delay the proceeding and deprive the people of Lofa from been represented at the Liberian senate.
Ruling into the motion or submission filed by the petitioner, the chambers justice Joseph N. Nagbe says in the mind of the court, mere representation of Cllr. Wrights may not be a problem.
However, the averments contained in the return and brief filed say that Cllr. Wright takes the NEC out of its role as implementing agency that supervises election matters in the country.
But presents NEC as part in this case.
For instance, the return and brief filed by NEC lawyers in which Cllr. Wrights is serving as one of ist lawyers on election matter, it challenges the legal standing on capacity of the petitioner something the Justice Nagbe said it was a violated their ethic.
To deal with the issue which questioned the legal standing and capacity of the petitioner, Associate Justice said that Cllr. Wright has created conflict of interest.
Justice Nagbe therefore requested the signature of former associate justice Wrights be striking from the record.
Meanwhile, the NEC lawyers Augustine Toe excepted to the ruling of the chambers justice but later withdrew it and promised that the right process will be followed.
It can be recalled early Feburary of this year, Mobement for Progressive Change chairman headed O’neil Paasewe filed a petition against convict Browne Samukai stopping the NEC from certificating Mr. Samukai on ground that he is convicted criminal but it has been widely speculated that Top officials of the CDC government is spomsoring the opposition figure Simeon Freeman.
The hearing of the petition filed by opposition Movement for Progressive Change chairman was postponed to a later date, pending notice of assignment.