PHOTO: Up Secretary General, Amos Tweh
HARPER, Liberia- The Lawyer representing the Unity Party (UP) IT specialist Essien Sumson, Jr, who was arrested recently, has filed a six-count motion for a Writ of Habeas Corpus here in this southern city in Maryland County, as Garmah Never Lomo reports.
According to www.findlaw.com, “A writ of habeas corpus (which literally means to “produce the body”) is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention. The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law.”
The arrest and detention of the UP IT specialist comes ahead of the scheduled November 14, 2023 presidential runoff election between incumbent President George Weah of the ruling CDC and his rival, former Vice President of the main opposition UP.
The writ was filed on November 9,2023. This was done through the legal counsel Edwin Kla Martin, former head of the Liberia Anti-Corruption Commission (LACC) filed the six counts writ of Habeas corpus against the Justice Minister Cllr. Frank Musa Dean and his deputies, Police Inspector General Patrick Sudue and all his deputies as well as the police commander assigned in Harper Maryland County Emmanuel Jlekan at the fourth Judicial Circuit Court in Harper, Maryland County before the assigned judge Wesseh A. Wesseh.
And Now comes the petitioner in the above entitled cause of action and most respectfully prayed your honor and this honorable court for issuance of a writ of Habeas corpus for the following reasons to writ:
Petitioner says and submit that he is a Ghanaian national who has a valid passport to afford his rights to travel to any ECOWAS to serve as consultant and would be hired since indeed and in fact he is an IT consultant.
Petitioner says that he travelled to Liberia where he was received and was neither arrested by authorities of the LNP. Petitioner further avers that being a professional man in IT technology, he later travelled to Maryland county to provide poll watchers training for the Unity Party poll watchers in Maryland County and the entire southeastern region.
The petitioner informed his honor Judge Wesseh his action to provide professional service in the direction mentioned Supra, is in no violation of any Criminal act under the law of Liberia.
The petitioner added that UP IT specialist Sumson arrived in Harper, Maryland County on the seven of November 2023, and thereafter he and his local team took off to River Gee County, further stating that upon his arrival in this County, he was never arrested for any criminal act.
In the Petition, the Lawyer representing the UP IT specialist added that while en route to Fish Town, River Gee County, he was arrested at Webbo checkpoint and later taken to Fish Town., where he was never acquainted with his constitutional rights by the LNP nor charged by the police on crime for which he was arrested for. The petition also stated that with the intervention of Unity Party officials, he was taken under armed police escort to Harper, Maryland County and incarcerated in an unknown cell from the 7th of November up to present without access to his legal team and without charge within forty-eight hours.
According to the petitioner, the constitution of the Republic of Liberia guaranteed the doctrine of due process to all accused persons. The doctrine of due process states that a person must not be denied of his liberty, property and life without due process and in the instant case, the petitioner has been arrested without any formal charge for more than forty-eight hours and the police in Harper has requested to have him forwarded to court.
Petitioner relies on Article 21(f) of the Liberian Constitution which states “Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention”.
The IT specialist legal counsel said that this article was invoked on the basis he is being detained, denied lawyer, food, water for the past forty-eight hours without a formal charge or charges.
Wherefore and in view of the foregoing, petition pray court for the respondents (Justice Minister and Police IG) to produce the living body of the petitioner Essien Sumson JNR to forethwith and to further grant onto petitioner other relief as you made deem just and legal.