PHOTO: (L-R) Ex-Defense Min. Samukai and Solicitor General, Cllr. Cephas
TEMPLE OF JUSTICE, Monrovia- Lawyers from the State and those defending Lofa County Senator-elect and former Defense Minister Brownie J. Samukai on Wednesday failed to show up in court for the reading of the Supreme Court’s mandate revoking two years suspended sentence for him of his two former deputies.
Samukai was elected Senator of Lofa County in the November 2020 Special Senatorial election, but has not yet been certificated due to his conviction for corruption.
As Garmah Never Lomo, garmahlomo@gmail.com reports, the Criminal Court “C” at the Temple of Justice presided by its assigned Circuit court Judge Ciapha T. Carey has summoned both state and defense lawyers for their failure to appear in court for the reading of the Supreme Court’s mandate on February 9, 2022 in the case of Samukai and Joseph Johnson and Nyumah Dorkor, former Deputy Defense Minister and Comptroller.
Both the state and defense lawyers were absent in court without any reason or excuse in the over one million US dollars corruption case regarding the stealing of the welfare funds of soldiers of the Armed Forces of Liberia during the administration of former President Ellen Johnson Sirleaf.
The defense team has been represented by Cllr. Augustine Fayiah and Cllr. Wilfred Sayeh, while the Ministry of Justice prosecution team includes Solicitor General Syranius Cephas and Assistant Justice Minister for Litigation, Cllr. Wesseh A. Wesseh.
The reading of the Supreme Court’s mandate to the defendants and their lawyers were scheduled for today, February 9, 2022.
The Supreme Court said, they will now serve two years imprisonment and pay the full judgement amount of US$1,147,656.35, less the amounts already paid by them. Upon their failure to pay, they shall remain in prison until the balance is fully liquidated at the rate US$25.00 per month.
Judge Carey said from a careful perusal of the case file, the sheriff returns showed that the informant (Ministry of Justice) as well as the Respondents (Brownie Samukai and others) through their lawyers were served the notice of assignment for the reading of the Supreme Court’s mandate same on the 9 of February A.D. 2022 at 1pm.
But both state prosecution and defense lawyers were absent including the defendants.
The assigned Judge of Criminal Court “C” therefore, ordered the Clerk to issue a summon on both prosecution and defense lawyers to show cause why they were not present in court for the reading of the Supreme Court mandate.
Both the prosecution and defense lawyers were ordered to appear in court on Monday 14 of February A. D. 2022 and failure on their part to appear, they will be held in contempt.
Background
On January 27, 2022, majority members on the Supreme Court Bench of Liberia revoked the suspended sentence imposed on former Defense Minister Brownie Samukai and his two deputies Joseph P. Johnson and Nyumah Dorbor, due to Judge Blama Dixon’s misinterpretation of the Supreme Court February 8,2021 mandate which upheld the Criminal Court “C” ruling.
The Supreme Court’s ruling revoking the suspending sentence of the former Defense Minister Samukai and his two deputies came as the result of a Bill of information filed by state lawyers headed by Liberia’s Solicitor General Saymah Syrenius Cephas against Judge Dixon and co-respondents Samukai and others.
While ruling the February 8,2021, Supreme Court mandate to the defendants, Judge Dixon shared the first 50% of the AFL pension money which was totally contrary to the Supreme Court ruling.
The Supreme Court on Thursday January 27,2022 said that defendants Samukai and his two deputies bridged the condition of suspended sentence because they never complied with their first 50% mandate given on February 8,2021.
The high court in its opinion read by Associate Justice Sie-A- Nyene G. Yuoh said that the law provides that where criminal defendants are jointly adjudged guilty of a crime, they are together, considered collectively responsible for any fine and or penalty until the judgement is fully satisfied.
That Judge A. Blamo Dixon improperly executed the mandate of the Supreme Court when he relied on the ruling of Judge Yamie Quiqui Gbeisay which had been modified by this court and apportioned the judgement amount of US$1.147,656.35 among the three (3) defendants and ordered that each respondent including the co-respondent J. Brownie Samukai, pays his share of 50% of the judgement sum which he calculated to be US $191,276.05, the judge is clearly in error and hence a bill of information will lie.
That given the clear language of the February 8, 2021, opinion and judgement of the Supreme Court regarding the joint liability of restituting the judgement amount the payment by co-defendant Samukai in the amount of US$191,276.05 cannot be considered compliance with the mandate of the Supreme Court.
That a bill of information will lie to prevent the inferior court or officer thereof who attempts to execute the mandate of the Supreme Court in an improper manner or to prevent any one whomsoever from interfering with the judgement or mandate of the court. Hence, this bill of information is the appropriate remedy where it is established that the trial court is improperly executing the mandate judgement of the Supreme Court.
That the bill of information filed on August 18,2021, by the second respondents requesting for enlargement of times is a plea made in bad faith, as one cannot claim satisfaction or reparation and at same time pray for time to comply; thus, by virtue of the decision taken by this court in this bill of information the request for enlargement of time has become moot.
That the second respondents, including co-respondent J. Brownie Samukai having collectively failed to comply with the mandate and judgement of the Supreme Court that is, to pay 50% of the judgement sum in the amount of US$573,828.15 within the period of six months, the second respondents have breached the conditions of the conditions of their suspended sentence; hence, the two years to which they were sentenced, but suspended, is hereby revoked.
Wherefore and in view of the foregoing, the informant’s (Ministry of Justice) bill of information is hereby granted. The Clerk of this ordered to send a mandate to the trial court to resume jurisdiction over this case and give effect to this judgement.