PHOTO: Samukai still facing the Supreme Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia-Days after the traditional “country devils” laid siege on the bridge linking Bong and Lofa Counties over NEC’s failure to certificate Senator-elect Brownie J. Samukai, the Supreme Court of Liberia today, Wednesday, December 1, 2021 heard separate Bills of Information filed by both the state defense lawyers.
The country devils together with some Lofa elders reportedly blocked the St. Paul bridge in protest against the long delay in certificating their Senator-elect, saying that this has led to the County’s under representation.
Former Defense Minister Samukai won a landslide victory in the December 8, 2020 Special Senatorial election in Lofa.
But since then, he has not yet been certificate, because of a challenge posed against his certification, amid his conviction for misappropriating over one million US dollars of welfare savings of soldiers of the Armed Forces of Liberia.
The ex-Defense Minister and the others Mr. Samukai had been facing trial for misappropriating some US$1.3 million. His leadership of the Armed Forces of Liberia had received huge amounts for the AFL’s Compulsory Contributing Fund, which the Government of Liberia had sent to the Ecobank Liberia, Ltd. It included US$460,000.00 in addition to US$687,656.35, making a total sum of US$1,147,665.35.
Samukai’s two other former deputies at the Defense Ministry–J. Nyumah Dorkor and Joseph Johnson– are showing any seriousness of paying their portion of their money. And the 64,000 dollars question is: will co-defendant Brownie Samukai be separated from them?
In his Bill of Information filed at the Supreme Court, Liberia’s Solicitor General Sayma Syrenius Cephas alleged that Judge Blama Dixon intentionally misinterpreted the Supreme Court ruling by dividing the monies among the three convicts.
During his argument at the Supreme Court, Cllr. Cephas raised two cardinal issues, which include what he called Judge Blamo Dixon’s wrong interpretation of the Supreme Court’s mandate. The convicts were jointly charged, tried and convicted together. How can he alone pay without the others?
SG Cephas said that the action of Judge Blamo Dixon to divide the money among the convicts was a complete contradiction, and that his action was provoking by saying in his ruling that it was not only Brownie Samukai alone who is responsible to pay the money.
He further argued that money shouldn’t be paid by an individual but rather collectively and it was never share by the Supreme Court as it was done by Judge Dixon something he said was very strange.
In this Bill of Information, Judge Blamo Dixon is the first Respondent, while Co-defendant Brownie J. Samukai is the second respondent.
Cllr. Cephas said that throughout the trial, no one ever requested for severance trial therefore the money can’t be paid by an individual.
Arguing their side of the case, the defense lawyers, Cllr. Wilfred Sayeh of the Sayeh and Sayeh law firm and Cllr. Augustine Fayiah said: when the first ruling was made by Judge Yamie Quiqui Gbeisay a portion of his ruling mentioned that J. Nyumah Dorkor was given six months suspended sentence based on his health status if he pays his share of the money which suggested that the rest of them can pay their portion separately.
Cllr. Sayeh further argued that when the modification of the ruling was made on February 8,2021, the Supreme Court didn’t say how the money should be pay but rather said they should pay the first 50% within six months. And he said that the remaining 50% could be arranged and paying 25 United States dollars according to law.
He added when Brownie Samukai after the Supreme Court upheld the ruling of the lower Court, co- defendant Brownie J. Samukai made his first and second payment of his portion of the first 50%, the state didn’t raise issue but when third payment was made, it was when Solicitor General ran to the Supreme Court with Bill of Information that the money should be jointly paid.
Another question: Why he, Cllr. Cephas couldn’t raise issue after the first and second payment of the money was made?
The defense lawyer, Cllr. Sayeh also told the Supreme Court that assuming if two of the defendants die, will the remaining one person not pay his portion of the money?
In counter argument, Cllr. Cephas therefore prayed the court to grant his Bill of information against the respondents Judge Blamo Dixon and J. Brownie Samukai .
On the other hand, the defense lawyers prayed the Supreme Court to deny, quash and dismiss the state Bill of information against the respondents.
Second Bill of Information
The second Bill of Information was filed by the defense lawyers, requesting the Supreme Court for the enlargement of time on August 20, 2021.
During the argument of the enlargement of the Bill of information, Cllr, Sayeh said that the court should grant their enlargement of time because of the economic situation in Liberia and also the two co-defendants have only paid one thousand US dollars each of the first 50% of the money.
They request the Supreme Court give their clients one more year, in order to enable them the remaining money.
Cllr. Sayeh informed Court that although one person has completed their portion of the first 50%. But he asked: what about the remaining two persons?
Also arguing his side of the case in the second Bill of Information, Solicitor General Cephas added that the Bill of Information filed for an enlargement of time is not backed with any legal reasons or facts therefore he can’t waste his time on said Bill of information.
Cllr. Cephas disclosed that before a Bill of Information is filed before the Supreme Court, there should a legal basis which the defense lawyers Bill of information didn’t meet.
He therefore, prayed the highest court in the land to deny, dismiss the application of tue respondents due to no legal grounds.
Also arguing, Cllr. Fayiah requested the Supreme Court to read or look at the circumstances surrounding their Bill of information for the enlargement of time for one year.
He therefore, prayed the court to grant their Bill ofIinformation due to harsh economic conditions the Country currently face.
Lofa County Representative J. Nyumanie and some of Samukai’s supporters were present at the court.
Meanwhile, the Supreme Court of Liberia has reserved ruling into the two Bills of Information filed by both the state and defense lawyers.