PHOTO: (L-R) Pres. Weah and Samukai
By Garmah Never Lomo, garmahlomo@gmail.com
Monrovia- Several lawyers and legal practitioners at the Temple of Justice have expressed mixed views over the Executive Clemency pronounced by President George Weah through the office of his Chief of staff Nathaniel McGill in the Brownie Samukai conviction saga.
Former Defense Minister Samukai and his two deputies were last year convicted for stealing over one million US dollars of Armed Forces of Liberia (AFL) soldiers’ welfare funds and given two years suspended sentence by the Criminal Court, something the Supreme Court of Liberia later upheld.
Samukai, who won the 2020 Lofa County Senatorial By-election, has so far not been certificated due to the corruption saga lingering in court.
President Weah on Tuesday issued a proclamation granting clemency to Samuka, and also ordered Ministry of Justice to pardon five (500) hundred inmates where applicable.
In the proclamation, President Weah said those expected to be pardoned including those who committed misdemeanor and capital offenses.
Rapists and Armed Robbers are not included
The President has also ordered the Suspension of the two years prison sentence imposed on Mr. Brownie J. Samukai.
One of the lawyers, Cllr. Jimmy Bombo said that the executive branch of government was not in error by granting executive clemency to convicts Brownie Samukai when the mandate of the Supreme Court has not been read to the convicts.
But on the other hand, many are wondering why only Samukai alone was the focus of the pardon, instead of his two deputies.
Cllr. Bombo added that reading of the Supreme Court mandate to the convicts, is mute now and therefore, Brownie Samukai rights are restored and if he was the lawyer of Samukai, he would have taken his client to the NEC for certification.
According to Cllr. Bombo, once the President pardons an individual, their Liberty are restored immediately.
Another lawyer who preferred not to be named said, the executive branch of government made a procedure error in which the executive should have waited for the Supreme Court mandate to be read to the convicts and go through the farmality of the court before pronouncing the executive clemency.
A few others said that the proclamation made by the President Weah undermines the rule of law and it is a clear manifestation that both former President Sirleaf and George Weah agreed to pay the AFL money.
More on Pres. Weah’s pardon
The President of Liberia, pursuant to Article 59 of the 1986 Constitution which vests in him the power and authority to grant reprieves, suspend fines, sentences and pardon anyone convicted and sentenced for a crime has, with immediate effect, ordered the suspension of the two (2) year prison sentence imposed on Mr. Brownie J. Samukai, following his conviction by the Honorable Supreme Court of Liberia; with the proviso that he (Brownie J. Samukai) will work with the Ministry of Justice to enter a stipulation for the full settlement of the Armed Forces of Liberia money.
The President has directed the Minister of Finance and Development Planning (MFDP) to make full payment of the outstanding balance of the AFL money, while Mr. Samukai is going through the Stipulation Payment Agreement.
As Liberians joyously celebrate 200 years of existence as a nation and people, the President has further directed the Minister of Justice and Attorney-General to submit to his Office a list of persons to be pardoned during these festive celebrations. The President has also called on all Liberians to reconcile their differences and transform Liberia into a haven of peace, the president’s proclamation added.
Background to Samukai’s court case
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.
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.”