PHOTO: (L-R) Chairman Musa Bility and Sen.Nyonblee Karnga Lawrence
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- A lawsuit for alleged forgery is being pursued against the NEC-recognized Liberty Party National Chairman, Musa Hassan Bility at the Monrovia City court by the party’s faction of political leader, Senator Nyonblee Kargan-Lawrence on allegation of altering LP’s constitution.
Lawyers representing the embattled chairman Bility, headed by Cllr. Arthur T. Johnson have filed a motion to dismiss the writ against his clients.
On February 3, 2022, the Monrovia City magisterial court issued a writ of arrest on Liberty Party embattled chairman Musa Bility and his Secretary General Martin Saye Kollah for alleged forgery and criminal conspiracy.
In December last year, the National Elections Commission (NEC) reaffirmed its position on the status of the LP’s 2021 constitution and recognized Bility as the legitimate Chairman of the party.
The letter added said: “The Commission notes that since the above-referenced statement to the LP, the Commission has not received any final, non-appealable decision regarding the validity of the LP’s 2021 constitution; neither has the Commission been served with an amendment done by the Party. Hence, the Commission herein informs you that the Liberty arty’s 2021 notarized Constitution remains proper with the Commission until successfully challenged or amended as stated in our 23 August 2021 communication to you.”
During Monday’s argument for the motion of dismissal on February 8, 2022, Bility’s lead argued that section 11.2 of the Civil Procedure Law is their reliance for the motion of dismissal.
Section 11.2 of the Civil Procedure Law states that whether a person ascertains a claim has a legal capacity to sue?
Cllr. Johnson maintained that the private prosecutors who sue are suspended and they don’t have anything to do with the party directly or indirectly.
He added those have the right to sue a party chairman is the National Executive Council which is highest decision making within a party and they have authority to sue.
Cllr. Johnson referred to Senator Lawrence fraction as outsiders and in what capacity they stood to sue when they are suspended.
According to Bility’s lead Lawyer, the Ministry of Justice has the right to file lawsuit on behalf of a party but there is an exception and that exception is, it must firstly begin with a criminal investigation given the facts and circumstances and if there is probable cause, that person can be sent to court but there is absolutely no police report on the his alleged forgery and criminal conspiracy.
Cllr. Johnson therefore, prayed court to dismiss the writ of arrest against his client Musa Bility and Martin Kollah and others.
In arguing its side of the motion to dismiss, Cllr. Syrenius Cephas speaking on behalf of the Republic of Liberia cites the following law citations. Section 25.1, 25.6, 24.2 of the civil procedure law of Liberia.
Cllr. Cephas prayed court to deny and dismiss the motion for following legal reasons that as to claim on section 11.2 of the Civil procedure law of Liberia, prosecution says same it not applicable in a criminal trial on ground that it specifically refers to body corporations or an association or institution.
As for the legal standing and capacity, Cllr. Cephas prayed the Court to disregard the motion and order defendants to be formally arraign to ascertain the plead to their charges.
He argued that standing is applied in Civil action and not in criminal action.
Meanwhile, the Monrovia City Court presided over by Judge Jomah Jallah reserved ruling into the matter, pending notice of assignment.