By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- A recent decision by Criminal Court “C” Judge Balmo Dixon was one of the reasons that led to the full Bench of the Supreme Court of Liberia to on Thursday revoke the suspended 2 years jail sentence imposed on former Defense Minister Brownie Samukai and his two deputies, according to the judgement handed down on January 27, 2022.
The former Defense Minister and two other top officials of the ministry were recently convicted for stealing over one million United States dollars of the welfare funds belonging to soldiers of the Armed Forces of Liberia (AFL) during the former Unity Party government.
Samukai, who was elected Senator-elect of Lofa County on the CPP’s ticket, and his two deputies–Joseph P. Johnson and Nyumah Dorbor –are now due to be incarcerated as the result.
The Supreme Court has said it is due to Judge Blama Dixon’s misinterpretation of the Supreme Court February 8,2021 mandate which upheld the Criminal Court “C” ruling.
The Supreme Court’s ruling to revoke the suspended sentence of the former Defense Minister and his two deputies, came after a Bill of information was 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, the Supreme Court mandate to the defendants, he shared the first 50% of the AFL pension money which the highest court in the land said was totally contrary to the Supreme Court ruling.
According to the Supreme Court, 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, Samukai and the two others 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, the defendants were represented by Cllr. Augustine Fayiah and Cllr. Wilfred Sayeh while, the Ministry of Justice was represented by Cllr. Wesseh A. Wesseh.
Background
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.
On Friday, August 20, 2021, the Full Bench of the Supreme Court of Liberia today, Friday ruled that Brownie Samukai cannot be certificated by the National Elections Commission (NEC) as Senator-elect of Lofa County, unless and until he clears his “disability” in fulfillment of the court’s order.
Lower Court Proceeding Halted In Brownie Samukai’s Corruption Case – News Public Trust