PHOTO: SG Cllr. Syrenius Cephus
TEMPLE OF JUSTICE, Monrovia- Legal luminaries within Liberia’s Judicial system have strongly criticized the decision by the Solicitor General and the Justice Ministry to drop the forgery and criminal conspiracy case against ANC leader Alexander Cummings and two other officials at the Monrovia City Court, as Garmah Never Lomo reports.
They condemned the Solicitor General, who is senior member of the Supreme Court Bar and claimed to be member of the International Criminal Court, for the decision which they say was in complete “error”, especially when the Magisterial court started receiving evidence.
According to the legal luminaries, Cllr. Cephus would have opted for voluntary discontinuance of the case rather than dismissing the case without prejudice to the state.
Cllr. Cephas is said to be in violation of Chapter 3 of the Criminal procedure law state below which many said he would have dismissed the case with prejudice to the state.
More besides, the legal luminaries, who spoke on condition of anonymity, said that the Supreme Court ruling was very clear, where it’s speaks on CPP framework document section 8.5(2) when UP candidate was denied to be part of the pending Lofa County by-election by the NEC. That was based on a complaint filed by the embattled chairman of the Liberty Party Musa Bility but the Supreme Court ruling was not based on the forgery and criminal conspiracy case at the magisterial court.
Chapter 3. DOUBLE JEOPARDY
- 3.1. Cases in which and time when jeopardy attaches.
The doctrine of double jeopardy shall be applicable to all criminal prosecutions. Jeopardy attaches when a person has been placed on trial before a court of competent jurisdiction under a valid indictment or complaint upon which he has been arraigned and to which he has pleaded, and a proper jury has been impaneled and sworn to try the issue raised by the plea or, if the case is properly being tried by a court without a jury, after the court has begun to hear evidence thereon. Termination of the trial thereafter by the court because of manifest necessity, however, shall not bar another prosecution for the offenses set for the in the indictment or complaint.
Prior legislation: L. 1969-70, CrPL 2:301.
- 3.2.Effect on further prosecutions of an acquittal or other discharge on the merits, and of a conviction.
When a defendant is acquitted or otherwise discharged on the merits upon an indictment or other charge, or is convicted thereon for any offense, or during trial the prosecution thereof is improperly terminated, he cannot thereafter be indicted or otherwise charged and tried in the following cases:
(a)For the same offense or any degree thereof;
(b)For an attempt to commit the offense so charged or any degree thereof;
(c)For any offense based on any act set for the in the indictment or other charge, or arising from any practice, transaction, or episode set for the therein, including any act comprising a part thereof, or two or more such connected together or constituting parts of a common scheme or plan.
Prior legislation: L. 1969-70, CrPL 2:302; 1956 Code 27:32, 36; Crim. Code § §30,32.
Cllr. Cephus in an interview on Friday, June 3,2022 after the Supreme Court’s ruling said, there is no need to continue with the Alternative National Congress forgery and criminal conspiracy case at the magisterial court because the Supreme Court has spoken and Article 2 of the 1986 constitution gave the high court three cardinal responsibilities.
The Solicitor General added that the disputed CPP framework document which has the words resign and withdraw, in his mind, they are synonymous in term of content and context.
“No legal basis under section 8.5(2) to continue the prosecution of the case against Mr. Alexander B. Cummings and others” he added.
According to him, no one within the CPP suffered any injury in the case involving the ANC Political Leader and his co-conspirators and he has therefore discontinued with the prosecution of the case at the Monrovia City Court.
The Solicitor General disclosed that the Supreme Court ruling has binding effect on everyone whether directly or indirectly.
“I have therefore dismissed charges against Mr. Cummings and others without prejudice to the state and Mr. Cummings is now a free man he narrated,“ Cllr. Cephus said.