PHOTO: Nanborlor Singbe and others leaving the court recently
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Secretary of the Liberian Senate, J. Nanborlor Singbe has threatened to implicate Liberia’s current Justice Minister Dean, Cllr. Frank Musa Dean and others in the case for his alleged involvement in a long-running corruption case.
Mr. Singbe’s threat comes as the Criminal Court “C” dismissed the indictment against the Senate’s Secretary and a number of other indictees without prejudice, in connection with the corruption case amounting to over USD7, 616.152.
I a business deal, Singbe and others are accused of attempted to defraud the Liberian government of USD7, 616.152 in much needed lawful revenue. The Senate’s Secretary and the others were indicted for the crimes of economic sabotage, criminal conspiracy, property theft, and forgery.
The other Co-defendants are Alex Saramek, Karel Socher, Sylvester Selvkpoh, Barry F. Tequah and Patrick Siaphie are served with the indictment and the writ of arrest and brought under the jurisdiction of the court.
The indictment further says:
“Private prosecutors contacted Co-defendant, J, Nanborlor F. Singbeh, Sr. That having been contacted, Co-defendant J. Nanborlor F. Singbeh, Sr., used his official position as government official, conspired and connived with defendants Co-Defendant Gloria Caine, Hon. George W. Wisner, Former Executive Director, National Investment Commission(NIC), Othello Z.B. Karr, Incentive Officer, National Investment Commission of Liberia(NIC), Prince A. Saysay and other to be identified, obtained faked and fraudulent “Investment Incentives” for duty free privileges; in spite of the fact that MHM Eko Liberia formed to engage in crushed rocks and related businesses with a capital investment of USD7,616.152; thereby creating the opportunity to defraud the Government of Liberia out of its much needed lawful revenue…”
On Monday, September 6, 2021, Criminal Court”C” presided over by Judge OUSMAN F. Feika dismissed the indictment against the Senate Secretary and several others on ground that the private prosecutor, Mr. Hans Armstrong is an indictee in the 8th Judicial Circuit in Nimba County for the same crimes brought before Court.
The indictment was dismissed without prejudice to the state, meaning that they can still go back to court.
Court ruled based on a motion to dismiss filed by defendants counsels after state prosecutor made an application for the arraignment of the Defendants in court, but the Defendants Counsel made a resistance to said application for the following reasons.
Back in August, Judge Feika said that the corruption case involving Senate Secretary, Nanborlor Singbe and nine others could not be continued, unless State Prosecutors bring them under the court’s jurisdiction.
All of the defendants have not been served the indictment and writ of arrest and brought under the jurisdiction of the court as required by law and that there is no indictment on the records of court that any of the defendants have been served or granted separate trial for which an arraignment is now necessary.
This is especially defendants not yet under the jurisdiction of the court, and that was made on August 17, 2021, when this court ruled that the trial could not continue unless the prosecution does the needful to ensure that all of the defendants were brought under the jurisdiction of the court, the ruling said, and or make an application for severance and separate trial so as to accord the other Defendants who are in court speedy and fair trial.
The private prosecutor in this case, Hans Armstrong himself is indicted in the 8th Judicial Circuit Court in Nimba County for the crimes of theft property and forgery. These crimes are one and the same, as those contained in the indictment drawn against the defendants in these proceedings, according to the Criminal Court “C”.
According to defendants counsels, one who has been indicted by the state is barred and disqualified from coming to institute like action against those who through the state have already had said individual indicted.
The Defendant’s counsel then made an application to court requesting the issuance of a subpoena Duces tecum to be served on the clerk of the 8th Judicial Circuit to have the said clerk produce the original copies of the indictment against Mr. Armstrong in order to substantiate the averments contained in their restoration of the rights of defendants’ counsel furthered that without the restoration of the rights of defendant Armstrong any indictment prayed for by him involving the same parties shall be dismissed as in keeping with 1LLCLR title 1section 11.2.
The writ of subpoena Duces tecum was duly issued out of Criminal Court C and placed into the hands of the sheriff of this court for service on the clerk of 8th Judicial Circuit Court for Nimba County.
According to the returns of the sheriff, the writ was served and returns served and that the documents requested in the said writ was delivered to this court (Criminal Court C) on August 30, 2021, by the clerk of the 8th Judicial Circuit Court for Nimba County.
The records in these proceedings show that the documents requested in the writ of subpoena Duces tecum issued out of this court on August 23,2021, on the clerk of the 8th Judicial Circuit Court for Nimba County, that Mr. Armstrong is indeed indicted in the 8th Judicial Circuit Court for Nimba County for the commission of the crimes of theft of property and forgery. The same crimes brought against the Defendants in these proceedings and that the indictment against Mr. Armstrong was drawn during the February A.D. 2020 term of Court and served on Mr. Armstrong along with a arrest thereby bringing him under the jurisdiction of the 8th Judicial Circuit Court for Nimba County for trial. The Court ruling therefore said:
Now that the veracity of the Defendant’s counsel’s claims or allegation contained in their application for the dismissal of this case on grounds that Mr. Armstrong is indicted in the 8th Judicial Circuit Court of Nimba County has been verified by the submission to this court of the original copies of the indictment and writ of arrest as well as other documents appertaining to the indictment, the key issue then, determinative of the application made by the Defendant’s counsel to dismiss the indictment against their clients for reasons herein above stated is as follows:
Whether or not one who is Indicted by the sate may, as a private prosecutor, cause to bring an indictment against another in another court of concurrent jurisdiction in the Republic for the same crimes for which he has been Indicted, while the indictment is still undetermined by the other court?
This court notes that Mr. Armstrong was indicted during the February A.D. 2020 term of the 8th Judicial Circuit Court of Nimba County and writ of arrest subsequently issued for his arrest.
That Mr. Armstrong was arrested on March 6,2020, and incarcerated at the Sanniquallie Central Prison, while the defendants in these proceedings were indicted during the May A.D. 2020 term of Court of the first Judicial Circuit Criminal Assizes “A” barely one court term after Mr. Armstrong had been indicted in the 8th Judicial Circuit Court for Nimba County.
The court says in order to properly deal with the issue raised herein above, this Court will now take resource to 1LCLR title 1; Chapter 11; section 11.2 which provides as follows:
Time ; grounds. At the time of service of his responsive pleading, a party may move for judgement dismissing one or more claims for relief asserted against him in a complaint or counterclaims on any of the following grounds.
The answer therefore to the question raised herein above, that is to say, whether or not who is Indicted by the state may as a private prosecutor, cause to bring an indictment against another in another court of concurrent jurisdiction in the Republic for the same crimes for which he has been Indicted, while the said indictment is still undermined, is in the negative.
This court says that for the fact that Mr. Mr. Armstrong, the private prosecutor in these proceedings, is indicted for the crimes of Theft of property and forgery in another court in the Republic of Liberia, the same crimes for which the defendants herein are also indicted and made to be brought before this Court for prosecution at the instance of Mr. Armstrong when the first indictment , that is to say, the one brought against Mr.Armstrong in the 8th Judicial Circuit Court for Nimba County by the defendants herein as private prosecutor’s has not been heard and final judgement entered thereupon, it would be unwise for this court to proceed with the prosecution of defendants’ herein, especially so when the outcome from this trial could have an adverse effect on the outcome of the other trial at 8th Judicial Circuit Court.
WHEREFORE and in view of the foregoing, the submission by prosecution for the arraignment of the Defendants Counsel for the dismissal of the indictment is hereby granted.
The indictment along with charges therein are accori dismissed without prejudice to the state, that is to say, pending the full conclusion of the Criminal charged against Mr. Armstrong in the defendants in these proceedings thereby restoring their rights as guaranteed under the constitution of Republic of Liberia.