PHOTO: The US sanctioned former CDC government officials
Some Liberian citizens have filed a petition for writ Mandamus before the justice in Chamber Yamie Quiqui Gbeisay against the CDC government for failing to prosecute US sanctioned officers in line with Article 53 of the country’s 1986 Constitution, as Garmah Never Lomo reports.
Article 53 a of the constitution says: “The President and the Vice-President shall, before entering on the execution of the duties of their respective offices, take a solemn oath or affirmation to preserve, protect and defend the Constitution and laws of the Republic and faithfully execute the duties of the office.”
The Petitioners, Public Interest Law Advocacy Center (PILAC) through its Director of Public Accountability, Alieu Kiaddii, Edward Biogar
Robert Gibson, Aloysius Toe and Armah Johnson are requesting the high court immediate launch a criminal investigation into the allegations made by the U. S. Government against suspended Liberian Government officials, Nathaniel McGil, former Minister of State for Presidential Affairs; Syrenius Seymah Cephus, former Solicitor General of Liberia, and Bill Twehway, former Managing Director of the National Port Authority (NPA).
“Through their corruption these officials have undermined democracy in Liberia for their own personal benefit,” said Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson. “Treasury’s designations today demonstrate that the United States remains committed to holding corrupt actors accountable and to the continued support of the Liberian people,” a US Embassy press release said on August 15, 2022.
Both Nathaniel McGill and Bill Twehway have been chosen by President George Weah’s CDC party as legislative candidates for Margibi and Rivercess Counties respectively in the upcoming October 10 elections.
The Petitioners also mandating the High court to order the issuance of the Alternative Writ of Mandamus against the Respondents and require them to file their Returns on a date and time fixed by
According to the 1st Petitioner (LIPAC) is a public interest advocacy civil society organization, registered as a not-for-profit organization under the Associations Laws of Liberia, for the purpose of undertaking advocacy and litigation on behalf, and for the interest, of the general public, with the aim of fighting bad governance, theft of public resources, corruption and mismanagement of Liberia’s resources.
Petitioner furthered says that it is an association of public-spirited private Liberian citizens, representing the public interest, and as a public interest advocacy civil society organization, acting bona fide in the public interest, and having sufficient interest to right public wrong and redress public injury, therefore has legal standing to bring this suit for and on behalf of the public, against the Respondents.
That 2nd and 3rd Petitioners said they are harmed and injured by the acts of public corruption for which the three officials have been sanctioned by the United States Government, in that the alleged acts of the sanctioned officials have violated petitioners right to the wealth and resources of their country, in violation of Article 7 of the Liberian Constitution (1986, as amended) and Article 47 of the United Nations International Covenant on Civil and Political Rights, which Liberia has domesticated and ratified.
“That 3rd Petitioners are harmed and injured in that they were victims of the acts of targeting, intimidating and threatening political opponents for which Nathaniel McGill has been accused by the United States Government, because 3rd Petitioners
were unlawfully arrested and detained in the Gbarpolu forest for five days in December 2020, and threatened with near death, on the orders of McGill, when they went to support Senator Botoe Kanneh against the CDC candidate, to the
annoyance of Mr. McGill, for which no investigation has been conducted against McGill,” the petitioners maintained.
Petitioners request the high court to take judicial notice of their unlawful arrest, which was widely publicized in local newspapers and broadcasted on local radio stations, stating that are natural persons, are citizens of the Republic of Liberia, and residents of Monrovia.
The Petition noted that Co-petitioner Aloysius Toe is harmed and injured in that he was a victim of the alleged acts of withholding evidence in criminal prosecutions for which Cllr. Syrenius Cephus has been accused by the United States Government, because during a bogus trial of he and others, on forging political documents, Cllr. Cephus withheld and extracted from the evidence, documents that would have would proven the innocence of Toe and others, for which no investigation has been conducted.
“Petitioners respectfully submit that Chapter I, Article 3 of the Liberian Constitution (1986, as amended) designates our form of government as “Republican with three separate coordinate branches: the Legislative, the Executive and the Judiciary….”, each with assigned powers and duties under the laws of the Republic of Liberia. Further, Chapter VI, Article 53 of the Constitution of Liberia (1986, as amended) specifically assigned to the
Executive Branch of the Liberian government the duty to “preserve, protect and defend the Constitution and laws of the Republic and faithfully execute the duties of the office,” the Petitioner said.
Adding, “Petitioners say that this Supreme Court has said, time without number, that the extraordinary writ of Mandamus will issue to require, to direct and compel persons situated as Respondents, being officers of the law, to perform the official duties and obligations devolved upon these officers by the laws!of the Republic of Liberia. And Petitioners so respectfully pray.
Petitioners prayed High Court to take judicial notice of the official report of the US Government of August 15, 2022 , stating that the designated (three) Liberian Government officials for their involvement in ongoing public corruption in Liberia of being responsible for or complicit in, or have directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gains, corruption related to government contracts or the extraction of natural resources, or bribery.
“That as a consequence of the profound allegations levied against the three persons by the United States Government, the herein 1st Petitioner, in faithful devotion to its role as public interest advocate and acting bona fide in the public interest, on November 17, 2022, wrote and served on First (1st) Respondent Ministry of Justice, an official communication requesting same to conduct “criminal investigation/prosecution into the allegations against three Liberian Government officials sanctioned by the United States Government for corruption – including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or extraction of natural resources, or bribery.”
The Petition disclosed that It is petitioners’ submission that the acts, for which the United States Government accused the herein three (3) named Liberian Government officials, are outrageously violative of the Penal Code of Liberia, anti-money laundering, public procurement laws, and the Code of Conduct for Public Officials.
Petitioner contended that when the President of the Republic appoints a cabinet minister, as he did in the instant case by appointing First Respondent as Minister of Justice/Attorney General, the law thereby imposes certain duties, responsibilities, and obligations on said cabinet minister. Accordingly, the Minister of Justice/Attorney General becomes an officer of the law; hence, he must faithfully execute duties and obligations prescribed by the law of the land.
“The suspended the three U. S. sanctioned – Liberian Government official from their respective offices, further fueling reasonable suspicion and belief that the acts alleged by the United States Government were likely to have been committed and that the individuals so named and sanctioned could have committed those grave and serious felony crimes under Liberian laws, with the resulting imposition of duties and obligations on the herein: Respondents (Ministry of Justice, Liberia National Police and Liberia Anti-Corruption Commission) to conduct criminal investigation, and establishing probable cause commence the conduct of criminal prosecution against the U. S. sanctioned Liberian Government officials,”
The petition also noted that up to and including the date of this Petition, and despite the public announcement made by the President of the Republic, pledging investigation in this matter, Respondents have not acted upon and seemingly have no intention to execute their duties prescribed by law to investigate these serious felony accusations, and establish probable cause, proceed forthwith, to prosecute those accused by the United States Government. For this neglect and failure on the part of the Respondents, petitioners submit that Mandamus will lie to compel Respondents to conduct an investigation and establish probable cause, commence prosecution of the sanctioned officials. Your Honori s most respectfully requested to take judicial notice of the President Liber ‘s public statement promising investigation.
Petitioners further contends and say that the neglect and failure by Respondents to investigate the sanctioned officials amounts to a slap in the face of the rule of law, defies commonsense, insults the intelligence of the Liberian public and drains our national coffers, thereby discouraging international goodwill with the tendency of threatening our democracy, our peace and national security.
Petitioners said that although the findings and report of the US government play an important role and provides a logical presumption of the ommission of crimes, the silence and “do nothing” attitude of the Respondents, as well as Respondents’ neglect and failure to investigate the sanctioned officials, in the face of these grave allegations which have resulted in the suspension of these Liberian Government officials, tend to question the integrity of the Respondents and their devotion to the dictates of the law to unearth and possibly prosecute grave crimes, and bring into check what appears to be an endless spiral of mismanagement of public resources.
Petitioner says Respondents’ failure, refusal and neglect to investigate and prosecute the sanctioned official, in the face of frightening allegations of egregious criminal acts, are tantamount to violation of their constitutional oath of office; Hence, Mandamus lie to direct them accordingly.
Petitioners further say that the failure and refusal of the Respondents to act in execution of their prescribed duties also tend to have the semblance of violation of presumption of innocence of the accused and their due process constitutionally protected rights enshrined under Article 20 (a) of the Constitution (1986, as amended). Mandamus shall therefore issue to compel Respondents to perform their duties and functions accordingly.