The Criminal Court “A” at the Temple of Justice in Monrovia officially assumed jurisdiction over the Capitol Building arson case involving five lawmakers on Monday, June 16, 2025. However, sources have informed this publication that the state has yet to complete the drafting of an indictment.
On June 13, 2025, Magistrate Ben Barco of the Monrovia City Court transferred the arson case against former Speaker Jonathan Fonati Koffa and four other lawmakers to Criminal Court “A” based on social media evidence presented by state prosecutors. During the preliminary hearing, the prosecution was unable to demonstrate the source of this evidence, which the defense contested due to its questionable validity. However, Magistrate Barco stated that the key issue before the court was whether the prosecution had established a prima facie case that required the defendants to respond to the charges.
Citing Section 12.2 of the Criminal Procedure Law, he explained that if a prima facie case is found, the accused must be required to answer. Barco referenced the case of RL v. Chakpadeh, clarifying that a prima facie case is evidence sufficient to establish facts unless rebutted, indicating that reasonable grounds for suspecting a crime have been established.
The complaint alleges that the defendants conspired to purchase explosives and set fire to the Joint Chambers of the Capitol Building on December 17, 2024, causing damages of over $1.8 million. They are also accused of attacking a police officer during a riot.
Witnesses testified about the roles of the defendants in the conspiracy, with Dixon Seboe identified as the mastermind, while Abu Kamara and Fonati Koffa were named as financiers. Jacob Debbie was implicated for failing to notify authorities despite being aware of the plot.
Judge Barco concluded that the prosecution had established a prima facie case and ordered the Clerk of Court to forward the case to Criminal Court “A.” The defendants have indicated their intention to appeal Barco’s ruling.
Under Liberian legal jurisdiction, the state is required to file an official indictment against the accused before the case can proceed in a court of competent jurisdiction. However, sources suggest that the prosecution has not yet completed this process. While specifics regarding the delay were not disclosed, it was suggested that the scope of the case is broader than initially perceived and requires further investigation.
In Liberia, an indictment is a formal accusation of a crime, issued by a grand jury that allows a criminal case to proceed to trial. It is a crucial step in the legal process, especially for serious offenses, ensuring that sufficient evidence exists to warrant a trial.
Before the lawmakers can be legally tried, the Grand Jury of Montserrado County must review the evidence presented by the prosecution to determine if there is probable cause to believe that a crime has been committed and that the accused committed it. It has also been reported that a special grand jury was being formed up till late yesterday.
If the grand jury finds sufficient evidence, it will issue an indictment outlining the charges against the accused. However, it remains uncertain whether the state’s evidence is sufficient to warrant a trial for the lawmakers regarding the charges against them.
