Criminal Court “A” Judge Roosevelt Z. Willie on Wednesday November 20, 2024, in his ruling of Writ of Hebeas Corpus and Bill of Information, told government lawyers that they are in violation of both local and international laws after admittedly handing over defendant Imbrahim Sheriff to his Guinean government.
Imbrahim Sheriff was charged with mercenarism, arm insurrection, criminal conspiracy, criminal facilitation and criminal solicitation.
The judge said based on the actions prosecutors to interfere in the administration of Justice after court issued two separate releases which was also followed by another release order from the Chambers Justice Yamie Quiqui Gbeisay for defendant Sheriff, state prosecutors deliberately refused to release the defendant thereby defying the authorities of the court.
“For interfering with the administration of Justice, for your refusal to provide the defendant and for your refusal to release the defendant on bail and against the law of this country,” the Prison Superintendent Varney Lake, Solicitor General Cllr. Augustine Fayiah, Assistant Minister Jerry Garlawulo and County Attorney Richard Scott Jr, are fined US$500 each to be placed in the Judiciary’s account on latest Monday, November 25, 2024 at 2pm and failure on their part to do so, they will be arrested and placed in jail.
Judge Willie cited the Supreme Court’s ruling in former Defense Minister J. Brownie Samukai vs the Republic of Liberia where the high court ruled that subordinate workers should refuse their superiors’ mandate or order once it is not in favor of the law.
He further ruled that prosecutors’ poor excuse of the turning over of defendant Sheriff to the Guinean government based on national security, is a violation of international protocols.
“ While I have decided to punish the lawbreakers” (Ministry of Justice), the petitioner (Independent Human Rights Commission) can seek civil remedy against the Government of Liberia to the appropriate Court, ”the Judge urged both the Human Rights Commission head and Cllr. Mohammeh Kabineh J’aneh who also filed a bill of information against the Justice Ministry.
Apart from fining the Justice Ministry officials, Judge Willie also held them in contempt of court.
Prior to the ruling, the sheriff of the court read his returns which said prosecution deliberately, woefully and intentionally refused to turn over the defendant to the court after they were given 72 hours on Thursday, November 14, 2024 to produce the living body of defendant Sheriff.
Also before the ruling of the judge, state prosecutors headed by Montserrado County Attorney Richard Scott Jr. spread on the records a Bill of Information requesting the court to take judicial notice of the case file which contained a report of the whereabouts of the petition.
Cllr. Scott boldly admitted that the defendant had surrendered to his government based on agreement between the two countries (Guinea and Liberia) and their decision was based on a national security issue upon a request by the Guinean government.
According to County Attorney Scott, the turning over of defendant Sheriff was done by the Ministry of Information, Cultural Affairs and Tourism on the same date of the arguments on Thursday November 14, 2024.
Cllr. Scott also accused the Independent Human Rights Commission chairperson Demspter Brown of forging his colleagues’ signatures to file a writ of Hebeas Corpus, something Cllr. Brown denied and claimed that it was an agreement between the commissioners.
Prosecution therefore prayed the court to grant unto all legal reliefs in line with laws.
For his part, Cllr. Brown said, if prosecution knew that he forged his colleagues’ signatures, why didn’t they raise the allegation during the arguments?
Cllr. Brown said that Liberia is a signatory to many protocols on human rights but the actions of the Government of Liberia through the Justice Ministry is below the belt and human imagination.
He prayed to issue the Writ of Hebeas Corpus against the Justice Ministry compelling them to bring the living body of the defendant/ petitioner. As for Cllr. Syrenius Cephas, he told Judge Willie that only the court can jail and release people and no one else can do so.
Cllr. Cephas said prosecution defied the court’s authority by refusing to release the defendant after they failed to provide evidence, for which he wants the Justice Ministry officials to be jailed for disobeying the court orders.
Defendant Sheriff was represented by the Chairperson of the Independent Human Rights Commission Cllr. Demspter Brown, former Associate Justice Mohammeh Kabineh J’aneh and Cllr. Saymah Syrenius Cephas, while the government was represented by Solicitor General Cllr. Augustine Fayiah, Assistant Minister for Litigation, Jerry Garlawolu, County Attorney for Montserrado County Richard Scott Jr., and Cllr. Adolphus Karnuah, Director for Civil Litigation.
