By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Legal team of convict Brownie Samukai are said to be “in big error” by not informing the Supreme Court of paying the AFL soldiers’ misappropriated welfare money separately, when he and his junior Defense Ministry officials were jointly convicted of corruption.
Some Legal practitioners have told www.newspublictrust.com that Samukai has not filed anything (motion/writ) to the Supreme Court of Liberia separating himself from the two other defendants.
They said that the former Defense Minister, his Deputy and the former Comptroller were jointly convicted and the Supreme Court won’t know who the payment covers, until he separates himself from the other defendants.
Mr. Samukai and the two others had been convicted 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 legal practitioners further said that Samukai erred, because they were jointly convicted and so if he is paying his portion of the money separately, he should inform the Supreme Court through written document.
Because they were jointly convicted by Criminal Court C and later upheld by the Supreme Court on February 8, 2021, therefore any payment done without notifying the court, it will cover all the convicts.
This issue has sparked up huge debate in the public and on the grounds of the Temple of Justice since they were all moving as one team, because the judgement didn’t separate them; and more besides, he has only satisfied the 50% of AFL money according to the Supreme Court’s order.
However, lawyers representing Mr. Samukai should have filed a communication to either Criminal Court “C” or the Supreme Court, notifying them that he is going his separate way since his two deputies are not complying with the Court.
The amount paid by Mr. Samukai has not fully satisfied the Supreme Court order, because 50% is what needed to be in the first six months and his portion has not satisfy the Supreme Court Judgement.
Article 21(k) of the Liberian Constitution says:
- Any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil rights and liberties, shall have the same automatically restored upon serving the sentence and satisfying any other penalty imposed, or upon an executive pardon.
Many are wondering whether he has satisfied the Supreme Court order when they are jointly convicted.
Meanwhile, the Supreme Court is expected to hand down opinion into double petitions filed by both the Movement For Progressive Change and the Ministry of Justice today 2pm.
The nation’s highest withheld and modified the criminal court C ruling involving the former Defense Minister and one of his deputies and the Comptroller, saying that “the law extant in this jurisdiction that a person is guilty of theft of property when he knowingly takes misappropriates, coverts or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another with the purpose of depriving the owner there of.”
The Criminal Court ‘C’ on Tuesday March 24, 2020 found former Liberian Samukai and his deputies guilty of corruption, but Defense Lawyers took exception to the ruling and announced that they will file Appeal to the Supreme Court.
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.
The writ of prohibition was issued by the Supreme Court justice in Chambers Joseph N. Nagbe on March 5, 2021 to the NEC.
The writ states that by directive of his Honor Joseph N. Nagbe, Associate Justice presiding in Chambers, you are hereby cited to a conference with his Honor on Tuesday, March 9, 2021 at the hour of 2pm in connection with the above captioned case.
Meanwhile, you are hereby ordered to stay all further proceedings and or actions in the matter, pending the outcome of the conference.
On February 24, 2021, the Supreme Court of Liberia ruled in favor of CPP candidate Brownie Samukai in an electoral dispute case where three of his rivals claimed that there were Election irregularities and fraud in Lofa County District #4. But the Supreme Court ruled in favor of Samukai and sent the mandate to the NEC to proceed with the matter.
The recent ruling by the Supreme Court has triggered many reactions from legal practitioners with the Ministry of Justice sending two separate communications to the NEC not to proceed with the Certification of the CPP candidate Brownie Samukai.
In the midst of this legal tussel involving the CPP’s candidate, citizens residing both Lofa and Monrovia have vowed to stage an Uncontrollable actions against the CDC led government and the NEC.
The fate of Liberia’s former Defense Minister, who was declared Lofa County Senator-elect, continues to hang in the balance, as the Supreme Court of Liberia today, Monday, February 8, 2020 upheld the lower Criminal ‘C’ conviction against him for corruption during his tenure in the former Ellen Johnson Sirleaf’s regime.
But the Lower Court, presided over by Judge Yamie Gbeisay, said there has not been sufficient evidence to convict the former Defense officials of the crimes of Money laundering and Economic Sabotage.
In its February 8, 2021 ruling upholding the lower court’s guilty verdict and sentencing, the Supreme Court said it is also the law extant in this jurisdiction that all public officials and employees shall obey all lawful instructions issued to them by their supervisors and shall declines to obey orders they know or ought to know to be wrong or unlawful
Consequently, the Liberian high court said officials and employees of government who are adjudged to have one unlawful order shall be held personally responsible and liable for their acts of Commission or omission as in the instant case.That the defendant is guilty of misuse of public fund when he disposes, use or transfer any interest or property which is entrusted to him as of;
That there is unrefuted evidence gathered from the record of this case that the soldiers of the AFL compulsory contributed to the fund in the AFL pension account established at Ecobank Liberia LTD therefore the said account is not a public account intended for the ministry of national defense.
That there are evidence from the record showed that defendant Samukai over fiduciaryof the soldiers of the AFL pension account.
Wherefore in view of the foregoing, the final judgement of the trial court judge is hereby affirmed with modification.
At the same time, the Supreme Court has ruled that that Samukai and the other defendants are all hereby sentenced to serve a term of two years each in a jail.
However, the high court’s ruling says the sentence shall be suspended provided the said defendants shall restitute the full amount of USD 1,147,456.35 or 50% there of within the period of six months and thereafter enter appropriate arrangements to pay the remaining portion in one year shall the defendants fail.
If they refuse to pay the remaining portions in one year, the defendants shall be incarcerated in the common jail and there in until the full amount is paid or liquidated at the rate of 25 USD per month as provided by law, the Supreme Court’s ruling added.
Facing the lower court, former Minister Samukai and the two other former Defense officials were represented in the trial by Cllr. G. Wiefueh Alfred Saye, Cllr. J. Augustine Toe and Cllr. Ruth Jappah.
The defendants pleaded not guilty to the charges in the indictment. Mr. Samukai said:
“The Ministry of National defense authorized the expenditure of funds from this account on the soldiers’ welfare without the requisite consent of the AFL high command; and that all monies spent on military personnel welfare should not have been handled by and through the government normal budgetary appropriation and not from the AFL account.