Defendant Toulee denied getting married to Lorpu Sumo but admitted that he and Lorpu’s wedding was in process.
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Criminal Court “A” has re-affirmed Kemah Yancy and Bernard G. Toulee marriage after the Paynesville magisterial court ruled last year affirming Kemah as the legitimate wife, but defendant Toulee took an appeal to the Circuit Court.
The Court made known its reaffirmation on Thursday May 1, 2025.
Defendant Toulee told the Criminal Court “A” that since he and Kemah wedding certificate cannot be found in the Merriage registry at the Center for National Documents and Records Agency, means that he and Kenyan are not married even though their marriage was held in a church with several people who witnessed the marriage.
Defendant Toulee denied getting married to Lorpu Sumo but admitted that he and Lorpu’s wedding was in process.
The Court says, this statement by the Defendant Bornard G. Tuolee is a tacit admission that a wedding ceremony was in process and therefore, the crime of bigamy will lie since substantial steps were taken for the wedding, to be performed. (See the definition of bigamy, 16.1 of the New Penal Law of Liberia).
”In view therefore, this Court hereby ruled as follows:
- The ruling of the Magistrate Court as it relates to bigamy and persistent non-support is hereby confirmed and affirmed;
- The sentence of the Appellant/Co-Defendant Bornard G. Tuolee is hereby reduced from eight (8) months to three (3) months imprisonment;
- The Crimes of Criminal Conspiracy, Criminal Facilitation and Disorderly Conduct are hereby reversed/dismissed against the Appellant/Co-Defendants Lorpu Sumo and Mother Munah Davis.
However, Defendants except and announces an appeal to the Honorable Supreme Court of Liberia, sitting in its October Term, A.D. 2025.
Moreover, Kemah at the Magisterial Court produced a marriage certificate that allegedly contains the signatures of the Parties, to include the Director General, CNDRA and Registrar of Marriages, R.L.
Furthermore, Kemah S. Yancy also produced photos of Co-Defendant Bornard G. Tuolee during their marriage ceremony, along with the Bridal parties.
The Court says, predicated upon the wedding photos that were produced /Co-Defendant Bornard G. Tuolee was asked by the Court to state whether he was married to Kemah S. Yancy and he told the Court that, he was wedded to Kemah S. Yancy but they were not married because did not process their marriage certificate through the Archives.
Additionally, the Private Prosecutrix Kemah produced wedding photos of Co-Defendant Bornard G. Tuolee and Co-Defendant Lorpu Sumo, which photos include, exchange of vows in the church, the bride wedding rings, to include other photos affirming the marriage of the Co-Defendants (Bornard G. Tuolee and Lorpu Sumo).
The Court says, assuming but not admitting that Co-Defendant Bornard G. Tuolee and Private Prosecutrix Kemah S. Yancy were not married but performed wedding ceremonies as defined by the Co-Defendant Bornard G. Tuolee, the fact remains that they carried themselves as husband and wife from July 17, 2016 to January 17, 2024, where according to Co-Defendant Bornard G. Tuolee, the wedding ceremony was performed in a church, vows were exchanged and they cohabitated for more than seven (7) years, and if the Co-Defendant Bornard G. Tuolee wanted to take unto himself another marriage relationship, it would have been prudent and legal enough for him to have dissolved the wedding relationship before a Court of competent jurisdiction.
Although, Co-Defendant Bornard G. Tuolee told the Court that he and the Private Prosecutrix Kemah S. Yancy performed a wedding ceremory, where all of these elements assisted, since there was a non-discovery of her marriage certificate in the Archives, meant that he and the Private Prosecutrix Kemah S. Yancy were not married, is not legally grounded because there is hardly any difference between a marriage ceremony and a wedding ceremony.
The other contention surrounding the Marriage Certificate, according to the Private Prosecutrix Kemah S. Yancy is that, it was the Co-Defendant Bornard G. Tuolee who was responsible to return the certificate to the Archives for documentation, so, it is his words against that of the Private Prosecutrix Kemah S. Yancy, for which a non-discovery of the marriage certificate was reported at the Archives; meaning that, none of them return the certificate to the Archives for recording, this does not mean that they are not married.
Another contention of the Co-Defendant Bornard G. Tuolee is that, he and Co-Defendant Lorpu Sumo did not get marry as insinuated by the Private Prosecutrix Kemah S. Yancy, for which bigamy should lie because, while the wedding ceremony was taken place at the church, the Private Prosecutrix Kemah S. Yancy and her friends entered the church and disturbed the wedding ceremony, for which the pastor could not conduct the wedding
The Court maintained that Bigamy will lie because, she and Co-Defendant (Bornard G. Tuolee) are legally married and while their marriage is still in existence, he, Co-Defendant (Bornard G. Tuolee) got married to Co-Defendant Lorpu Sumo. Therefore, the crimes of Bigamy, Criminal Conspiracy and Criminal Facilitation will lie against the Defendants.
On the other hand, Defendants refuted the assertion made by the Private Prosecutrix and told the Court that there has never been a marriage between him (Bornard G. Tuolee) and the Private Prosecutrix Kemah S. Yancy.
To prove his assertion, he prayed the Court to subpoena the Center for National Documents, Research and Archives (CNDRA) through the Registrar of Marriage, Hon. Ayesattu Keita Carpenter and in a communication of non-discovery issued on October 9, 2022, they informed the Magistrate Court that after a thorough search, there is no evidence of the existence of marriage information pertaining to the Private Prosecutrix and that of Co-Defendant (Bornard G. Tuolee).
The Defendants also informed the Court that the information provided by the Private Prosecutrix that he, Bornard G. Tuolee and Co-Defendant Lorpu Sumo got married, is false and misleading, as there is no proof to substantiate her claim.
Therefore, the issue of bigamy cannot lie against him, the Co-Defendant.
Chapter 16 of the New Panel Code of Liberia, subsection 16.1, titled, Bigamy, states that, “A married person is guilty of bigamy, a misdemeanour of the first degree, if he contracts or purports to contract another marriage…”
What this law is saying as stated hereinabove, is that, a married person can be guilty of bigamy if while married, he bonds another marriage or take substantial steps to bond another marriage.
As in the case at bar, Co-Defendant (Bornard G. Tuolee) denied ever getting marry to Private Prosecutrix (Kamah S. Yancy) and went further to subpoena the former Registrar of Marriage, Hon. Ayesattu Keita Carpenter, whom in a non-discovery communication dated October 9, 2022 to the Paynesville Magistrate Court, stated that during their search at the National Archives, they never found any proof or record of the existence of marriage evidence between Co-Defendant (Bornard G. Tuolee) and Private Prosecutrix (Kamah S. Yancy).
In order to further understand what a non-discovery communication implies, the Court subpoenaed Ebenezer A. Borbor, Technical Assistant to the Director General, who told the Court that “a non-discovery certificate or a certificate of confirmation is issued upon request that either party {the wife or husband} can request for the conduct of such of their marriage records, presuming that their certificate either got missing or got destroyed and wanting copy can request for such and it will be conducted and the result of the search is issued either one of the two “Letter of non-discovery or letter of confirmation”.
Non discovery is clear information stating that the records or said certificate was not processed by the agency according to the records. A letter of confirmation is issue confirming that the records, were duly issued by the agency, that is the process obtaining of the two”.