PHOTO: SG Cephas
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The CDC government has joined the legal fight of the opposition Movement for Progressive Change (MPC) of Simeon Freeman at the Supreme Court of Liberia to prevent the certification of the declared winner of the Lofa County Senatorial election, former Defense Minister Brownie SamuKai of the opposition Collaborating Political Parties (CPP).
Through Solicitor General, Cllr. Syrenius Cephas, the Justice Ministry has filed a nine-count petition for writ of prohibition to the Supreme Court, just days after the chambers Justice Joseph N. Nagbe granted his wish for Samukai’s lawyer, Cllr. Wilkins Wright to rescue himself from the matter.
Count one of his petition says that because chapter 5, section 5.5(a&b) titled joinder required parties who should be joined of titled 1 Liberia Codes of law revised Civil procedure law provides person who ought to be parties to an action of such action or (b) who might be inequitably affected by a judgement in such respectfully requested to take judicial notice of statute controlling.
Samukai, who was convicted for corruption, is being represented by a team of lawyers who are countering claims by the MPC and others that this makes him unfit to take up the position of Senator for which he was elected on December 8, 2020.
Former Minister Samukai
According to count two of the state’s petition, movant /joineder says and avers that it is both the party plaintiff in the court below where co-respondent Brownie J. Samukai was initially convicted but took an appeal and was the appellee in the Supreme Court of Liberia; where the lower court judgement was confirmed and affirmed . convincing co-respondent Brownie Samukai and his co-conspirators for theft of property, misused of public fund and criminal conspiracy in the amount of US$ 1,147,656.35.
Count four of the motion further says that movant/joinder submits that the question of whether co-respondent Brownie J. Samukai can be certificated in the face of being a convicted felon is both a statutory and constructional question which can be effectively addressed pursuant to 50.12 of title 26, Liberian codes of law revised penal code and Article 21(j) of the 1986 constitution; and which when interpreted will have a huge bearing on movant/joinder enforcement authority and therefore movant has both a statutory and constitutional right to being this joinder to be made a party co-petitioner in order to avert its right from being inequitably affected by a judgement in such action when the final judgement is rendered and court to take judicial notice of the law.
Further to count five of the petition, movant/joinder submits that as enforcer of the law, it sees the existing of a fundamental question of law lurking and which should also be a subject of the proceedings for which a joinder is and ought to be a must as a statutory or constitutional right exercised and that is whether co-respondent Brownie J. Samukai was legally competent to have registered and to have voted within the context of the meanings of section 3.1 and 3.23 of the New Election Law.
- Section 3.1 states who may register every citizens of Liberia who has attained the age of eighteen years and above may register as a voter except one who has been judicially declared to be incompetent or of unsound mind or who has been disenfranchised as a result of conviction of an infamous crimes and has not been restored to citizenship.
- Section 3.23 names of disfranchised to be furnished by the Minister of justice shall send to the commission annually, in the month of December a list containing the names and the addresses of all persons judicially convicted and sentenced for a disenfranchisable offense and whose disenfranchisement continues he shall furnish along with the list the registration cards of all such persons.
Count seven also says movant submits co-respondent Samukai was already a judicially disenfranchised and a convicted felony within the contemplation of section 3.1 and section 3.2 of the New Election Law cited inter alia. And therefore was not either a registered candidate and should not have participated in the December 8,2020, elections ;as either a registered voter or a candidate because movant had written co-respondent NEC about in conviction on October 28,2020, and further reminded co-respondent NEC in subsequent information provided by the Minister of Justice and Attorney –General .
Finally, the petitioner’sTEM count eight avers and says it is the only party well situated and legally competent or versed with the details and narratives as well as the appropriate legal citations why co-respondent Samukai as a convicted felon is judicially incompetent or not qualified to occupy any public office until the judgement is served and the penalty imposed is fully satisfied as in keeping with law.
The petitioner therefore prayed court to grant his motion to join as a co-petitioner party and grant all other reliefs that may deem legal, proper , appropriate and equitable.