PHOTO: Brownie J Samukai
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Supreme Court of Liberia Chambers Justice Joseph N. Nagbe today, Tuesday, May 4,2021 nailed convict Browne Samukai, ex-defense Minister in a writ of prohibition filed on March 1,2021, by the chairman of the Movement for Progressive Change O’Neil Passewe not to certificate him as Senator.
Mr. Samukai, who was declared winner of the December 8,2020 Lofa County Special Senatorial elections, has not been able to take his seat since then,
The petitioner’ contended principally that the second respondent being convicted by the first Judicial Circuit Court for Montserrado County Criminal Court C for the crimes of theft of property, criminal conspiracy and misused of public funds which the Supreme Court upheld the lower court ruling on February 8,2021.
The petitioner’ prayed the high court to inhibit, restrain and prohibit first respondent NEC from certificating Mr. J. Brownie Samukai because of the judgement of the Supreme Court upholding the lower court ruling.
The petitioner’ in his petition stated that convict Samukai is a convicted felon whose civil liberties are ceased for committing the crimes as charged; hence he cannot occupy and served in a public office as senator elect of Lofa County until the disability is removed that is by serving the sentence and certifying the penalty imposed by the trial court and subsequently affirmed by the Supreme Court of Liberia.
Upon the filling of the petition, the Chambers Justice Joseph N. Nagbe issued the stay order on the NEC and cited the parties to a conference on March 29,2021. Following the conference, the Chambers Justice ordered the alternative writ of prohibition issued against the respondents here in and further ordered the clerk of the high court to notify said respondents to file their respective returns on or before March 16,2021.
At the call of the case for hearing on March 29, 2021, one of counsels for the petitioner’ requested the court to make an application on the minutes of court which said application was granted.
In his application, the counsel for the petitioner informed this court that Cllr. Wilkins Wrights who filed the legal returns and brief for the NEC was the same lawyer who represented second respondent J. Brownie Samukai Jr. before the Supreme Court of Liberia during the argument of the parties for the crimes as charged against the second respondent from which conviction he excepted and announced an appeal to this court.
The court raised two cardinal issues: whether or not a person who commits a felony and a suspended sentence imposed thereupon may be deprived of his/her civil liberties as provided by law?
First, whether or not the petitioner lacks the legal capacity or legal standing to file and maintain this action for a writ of prohibition against first respondent NEC?
The Supreme Court of Liberia has defined legal “standing in the case Morgan V. Barclay et Al,42LLR(2004) including other opinions that standing to use means the party had a sufficient interest or stake in an otherwise justiciable controversy to obtain Judicial resolution of that controversy”
The petitioner’ in this case is a political party organized and duly registered under Liberian law and more so Article 77 of Chapter 8 of the 1986 constitution of Liberia states inter alia that since the essence of a democracy is free competition of ideas expressed by political parties and political groups as well as individuals, parties may freely be established to advocate the political opinions of the people.
It is a known fact that vocation or office of a political party is to seek the welfare of the citizens of the country in which it is established and granted permit to operate. One of such duties of a political party is to contribute to the peace and stability of the country that should enhance the country’s socio-economic development.
Therefore, a political party cannot operate in a dysfunctional society where the rule of law is pushed under the carpet. Respect for the rule of law is a sine-qua-non for the sustainability of a democratic Society.
Acting in consonance with its very character and nature for its existence as enshrined in Article 77 of the 1986 constitution of Liberia, which the petitioner has acquired and thus possesses the legal standing to delve into such issue as regards the respect for the rule of law.
In light thereof, the court rejects the contention of the first respondent that the petitioner lacks the legal capacity or legal standing for the filing of this petition for a writ of prohibition.
The second issues, whether or not a single Justice of the Supreme Court of Liberia sitting in Chambers may or can undo the decision of the full bench of the Supreme Court, will now be addressed by this court.
To proceed forthwith, it is important to put into proper perspective this issue. This court recalls that during it’s October term of court 2020, some individuals who referred to themselves as registered voters of District #4 upper Lofa County Republic of Liberia filed a complaint before the NEC and alleged election irregularities.
The magistrate hearing officer of the first respondent NEC investigated the allegations and found them to be unfounded and therefore dismissed the case but the complainant excepted to the ruling and announced an appeal to Board of Commissioners at NEC who later affirmed the hearing officer ruling.
Wherefore, and in view of the Foregoing, and in accordance with the law of prohibition, it is my holding that the petition for the writ of prohibition has been properly applied for in consideration of the laws controlling.
The prohibition for a writ of prohibition should be and same is here granted. The clerk of courts is ordered to issue Peremptory writ of prohibition send a mandate to the first respondent, NEC disallowing the certification of the second respondent, J. Brownie Samukai Jr until his disability imposed on him by his conviction is removed according to law.
Meanwhile, immediately after the ruling, J. Brownie Samukai said he knew what the ruling would have been, but the former Liberian Defense Minister didn’t go further with any other statement.