Introduction
The visit of President George W. Bush was attended by pomp and pageantry in Liberia, the incessant waving of the similar red, white and blue flags of Liberia and the United States of America respectively, songs done by Liberian cultural artists and the band of the Armed forces of Liberia. But what does this visit benefit Liberia? This is the biggest questions. The question is against the backdrop of the long standing relationship between the two countries, and considering the fact the Liberia was founded as a land of the free American salves repatriated under the aegis of a Christian group, the American Colonization Society (ACS) in 1821. Significantly, America used Liberia to fight against fascism of Hitler, to fight the cold war between the Soviet Union, but America has not execute substantial development that would being Liberia on pad with its neighbors. So at a time the Chinese are manifesting interest in the country, building roads, revamping the educational system of Liberia and executing other development projects, may consider Bush’s visit as a plow to drive the Chinese away since America is a has seen the People’s Republic of China as a contending force that is being won and popular amongst African countries. I
The Arrival of President in Liberia
The arrival of President George W. Bush brought a massive turn out of students, ordinary Liberians as well as foreigners that lined up along the route to welcome the American chief executive to the country. President Bush is the third of American president who have so far landed on the Liberian soil. The first was President Franklin D. Roosevelt during President Edwin Barclay’s regime in 1948 and the second being President Jimmy Carter who visited President William R. Tolbert in 1978. The American President’s Airforce-1 Bush landed in Liberia via the Roberts International Airport at about 9:30AM Liberian time and flew aboard an American built chopper to the James Spriggs Payne Airfield where he and entourage were met by his Liberian host, President Ellen Johnson-Sirleaf. President Bush was later piloted to the Foreign Ministry, where the Liberian President’s temporary office is located. Protocol, as earlier announced, also took President Bush to the Executive Mansion, the Barclay Training Center and the University of Liberia.
Enthusiasm of Bush’s Visit
Reports spoke highly of massive preparation. There were increased enthusiasms that were measure in this wise:
i. The routes the United States President used Thursday to attend ceremonies planned for his visit were beautifully decorated with the U. S. and Liberian flags flown on lights poles, major buildings
ii. Students of various schools, ordinary Liberians and other residents who lined the routes were seen waving both Liberian and United States flags in jubilation.
iii. On the UN Drive, the dresses of various organizations and interest groups that turned out to welcome President Bush depicts a rainbow colors however dominated by red, white and blue, which are the national colors of both countries. They carried banners welcoming President Bush some of which read Some of the banners read, “Concerned Widows and Children of Armed Forces of Liberia Welcome President and Mrs. Bush, Republic of Liberia National Traditional Council Welcomes President and Mrs. Bush and Unity Party Welcomes President and Mrs. Bush amongst others.
iv. There were acrobatic cultural displays out along the road to give the President a rousing welcome, while government officials were massively present to welcome President Bush. In fact, a team of Liberian officials and U.S. officials including Bush and SIrleaf hold bilateral discussions Thursday.
At about 2:00 PM, President Bush’s siren was heard, and suddenly the executive convoy came to sight heading towards the Barclay Training Center where the ever ready AFL band welcomed the President with songs to which the anxious crowd and Presidents Bush and Sirleaf danced. There were laud cheers and waving of the red, white and blue American and Liberian flags as the Motorcade scurried through into the BTC shortly before the AFL band sounded. The American President finally appeared, ridding in a motorcade with President Sirleaf in another, both waving incessantly as Liberians in return reciprocally waved the flags and applauded while President Johnson-Sirleaf wore a great smile on her face in appreciation.
Security was appreciable
Far before the landing of Airforce-1 President jet to Liberia, UNMIL and the Liberia security put in place a conducive and proper mechanism to curb any form of disturbance. Other sercurity efforts include:
i. An advance U. S. military team was based at the Roberts International Airport.
ii. Some officers of the Liberia National Police, in its effort to secure the route while awaiting the U. S. President in central town, arrested and handcuff a man who was said to have misbehaved. The man, according to our reporter, was taken away by the police.
iii. The high enthusiasm to catch a glimpse of the United States President at the UN Drive was characterized by massive security presence which on the other hand deprived students and others who went to welcome the American leader and delegation.
Bush expects professional army in Liberia
At the Barclay Training Center, President Bush Spoke to the hear to the Liberian civil war. “Madam President, you're right, we have met four times, and every time I'm the better for it. I appreciate the warm welcome we've received from the people of your beautiful country. He established the American people’s greeting and said, “I'm proud to be traveling today not only with a strong delegation, headed by my wife, but also the Secretary of State, Condoleezza Rice. I'm so honored to be with your troops. I'm looking forward to the display of talent and professionalism we're about to see. I thank those who have worked hard to help them become professional soldiers, all in the cause of bringing peace and security to the people of Liberia.”
Bush Spoke Highly of the Need for Freedom
The American President traced America –Liberian commonalities. To the following as stated:
i. Bush furthered that in spite of being over 4,500 miles from the United States, he felt at home because in Liberia, the "Lone Star" flag is flown and he, of course, was the former governor of Texas, which is referred to as "Lone Star State."
ii. That the Liberian capital is named after an American President, and of course, he is an American President.
iii. That the name of Liberia, means, "land of the free," and that there is no place he feels more welcomed than “a land where liberty is love and the hope of freedom reigns.”
iv. That Liberia was founded by former American slaves who came here seeking the freedom they had been denied in America and that “through hard work and determination, they established the first independent republic on the continent of Africa.” That the free country the freed slaves built became a source of pride for Liberians and a strong ally in the cause of freedom.”
v. That Franklin Roosevelt came here in 1943 to confer with your great President, Edwin Barclay and together, Liberia and America helped defeat the forces of fascism. “Together, our two nations helped save millions from lives of tyranny and despair.”
Reclaiming Liberty
In spuite that Liberia has been a partner of the United States in the fight for global freedom, Liberia slided in an unimaginable civil imbroglio that claimed the lives of more than 350,000 persons and destroyed millions of United States dollars worth of properties, separated hundreds of families and left behind scores of amputees and widows. In the opinion of President Bush,
a. The intervening years (1990-2003) of Liberia saw days of challenge and sorrow.
b. “They [Liberians] suffered the descent into dictatorship and chaos.
c. Civil wars took the lives of hundreds of thousands of Liberian citizens.
d. Yet even in their darkest moments, the Liberian people never gave up on the hope that this great nation would once again be the land of the free that its founders intended.
President Bush said Liberians reclaimed their liberty in 2005 when they elected the first woman ever elected to lead an African nation, adding, President Ellen Johnson Sirleaf has been a strong leader for the Liberian people. She has been a strong partner of the United States of America and doing together to help the people of this nation build a better life.
What Did Bush Committed to Liberia?
The President made all of the traces, pointed to all of the linkages between Liberia and the United States. All ears were opened to by now is what did the trip brought for the people to boast of? For him, the United States President, his country is committed the following in Liberia:
a) The eradication of malaria from the African continent of which Liberia is a sovereign country, saying that it is irresponsible for comfortable nations to stand by knowing that young babies are dying from mosquito bites.
b) That the Bush administration was working to lift the burden of debt, so that Liberia can achieve her potential, and unleash the entrepreneurial spirit of her citizens, help the children of Liberia get a good education, so they'll have the skills they need to turn their freedom into a future of prosperity and peace.
c) That the United States will provide one million textbooks over the next year -- as well as desks and seating for at least 10,000 Liberian school children by the start of the new school year.
d) “Together with the help of the United Nations Mission in Liberia, we're working to heal the wounds of war, and strengthen democracy, and build a new armed forces that will be a source of security for the Liberian people instead of a source of terror.”
Bush said there’s progress made in all those areas, the people of this good country must understand the United States will stand with you as you rebuild your country.” He also said the progress made in these areas is possible because of the iron will of the lady Liberians lovingly refer to as "Ma." That would be you, Madam President. I appreciate the fact that you've ushered in an age of reform, and you've opened up a new chapter in the relationship between [Liberia and] our country.”
President Sirleaf defines Bush’s Visit to Liberia
Earlier, welcoming a United States President to Liberia, the first in nearly 30 years, a visibly overjoyed President Ellen Johnson Sirleaf told President Bush what the visit meant to Liberia. She said:
i. “Your visit to our country today is a clear indication that the cloud of suspicion has been dissipating by our renewed bilateral relationship; a relationship that spans the birth of this nation, two World Wars, and the chilly years of the Cold War.
ii. That the visit, like those of your predecessors, comes at a time when Liberia is recovering from the bitter experience of our recent past and entering the phase of our nation polity that positions us to reclaim our place in the comity of nations by following a path of good governance, economic growth for our people and ensuring justice and the rule of law for all our citizens and all others who reside within our borders;
iii. That the visit by President Bush is a manifestation of a renewed partnership for the promotion of good governance, justice and respect for human rights, amongst others.
The Liberian President thanked the US for the assistance it is providing Liberia in the areas of roads, health, electricity, education, rural governance, and other pro-growth initiatives through the United States Agency for International Development (USAID) and other bilateral programs. She noted that such assistance is helping Liberia move closer to realizing the Millennium Development Goals (MDGs).
Growing from strength
The Liberian President said the relationship between the US and Liberia grows from strength to strength and her government deems it a strong obligation to provide the environment where the citizens can fully utilize their potential. But Madam Sirleaf sees it workable more when President Bush and the United States people are:
a. To justify this confidence by improving the quality of life of all of all of our people through programs that are designed to reduce poverty, build human and institutional capacity,
b. And help our citizens to operate at their full potential to cross that psychological threshold where they will be limited only by their imagination.
She then acknowledged with thanks, the key role that the United States played and continued to play by the American Government in helping to end our civil crisis through your financial support for UN peacekeeping missions, which will ultimately be replaced by our own security forces whose ongoing training is supported by your administration and by the Congress. She then pleaded for continuous support from the US for the UN peacekeeping forces. “We understand the need, Mr. President, for reducing the support for the peacekeeping; but please do not do that so sharply as they affect our security until our forces are ready,” she said.
Sirleaf’s Strongest Conviction
The Liberian President reiterated with the strongest conviction that Liberia is on the road to economic recovery; a recovery aided immensely by the support of Bush administration and the American people, adding, “Yet we are proud that there is a mutuality of interest and benefit; proud that our nation has full ownership of our agenda and assures primary responsibility for our own destiny.” She furthered, “This is why we intend to make the private sector the main engine of growth in our economy. This is why we have qualified for AGOA and are struggling to become a threshold country under the requirements of the Millennium Challenge Corporation. This is why we welcome the renewed interest OPEC and C corporate America have shown in investing in our natural resource rich country. This is why we will aim for trade, investment and business partnership rather than humanitarian handouts. This is why, Mr. President, we are bold to welcome innovative initiatives which other see with suspicion,” she told the US President.
Pres. Sirleaf Decorates President, Mrs. Bush & Rice
The United States President George Bush, his wife Laura and the US Secretary of State Condoleezza Rice have been awarded some of Liberia’s highest distinctions. The investiture ceremony took place in the parlors of the abandoned Executive Mansion Thursday as follow:
i. President Bush received the Chain Collar of State and Grand Cordon in the Most Venerable Order in the Knighthood of the Pioneers for his numerous contributions towards peace and development to Liberia.
ii. On the US First Lady, Lara Bush, President Johnson Sirleaf bestowed the distinction of Grand Cordon in the Most Venerable Order of Knighthood of the Pioneers for her support and belief in Liberia’s recovery.
iii. For her part, US Secretary of State Condoleezza Rice received the Grand Band in the Order of the Star of Africa.
Earlier President George Bush was gowned by the traditional leaders of Liberia who pleaded with him to continue his goodwill to a war-ravaged country emerging out of a devastating war. Presidents Johnson Sirleaf and Bush later joined an array of diplomats, government officials, foreign guests for a luncheon and toast. There at the luncheon, the US President again pledged his Government’s support to Liberia in its reconstruction efforts adding, “This is just the beginning of many more commitments to Liberia’s growth and progress.”
President Sirleaf Was Earlier Honored in America
The Liberian President reciprocating the honor bestowed on her late last year when she received the US highest distinction, Presidential Medal of Freedom, at the White House, said the President Bush was a traditional friend and strategic partner in Liberia’s development process. She recounted the US President’s interest in the war ravaged country’s recovery as evidenced by his government’s support in various spheres of assistance that the country continues to receive from the government and people of the United States.
War Crimes Forum’s Mulbah Morlu Arrested
Mulbah Morlu, who has been critical of the administration of President Ellen Johnson-Sirleaf, offered the only dark spot to what was otherwise a rousing reception for U.S. President George W. Bush, who wrapped up his Five-Nation Tour of Africa with a Commitment to Stand by Liberia, Thursday. At about 10:19 told a United States based medfia by text message on his mobile phone that he had been arrested. The message read, “I have been arrested by the Liberia National Police on the charge of sabotage and hindering law enforcement. All is fake and fabricated,” he said. The group had announced a planned demonstration during President Bush’s visit to push its advocacy for the establishment of a War Crimes Court in Liberia. The police later issued a stern warning that no one would be allowed to stage a demonstration during Bush’s visit.
Conclusion:
The visit of the United States President, some say is feeble and not important to the State. Those with that school of thought may be correct. They may be correct because the level of US-Liberian relationship should not be a mere “empty ‘America Will Stand By You’” but it should be a a concrete contribution should be manifested in the empowerment of the citizenry, the buildings of roads or even the reconditioning and building of new hydro plants for electricity which are all major need of the country’s reconstruction process.
On the issues of books and chairs contributions, one would wondered why the U. S. President would shy away computerizing the University instead of sending books. Instead of the chairs and books, it would have in fact been a worthy contribution if the U. S. President was to manifest the donation book and chairs donation into the donation of about 10,000 pieces of used laptops for the students of law and other social sciences at the University of Liberia.
However, the visit has its own political yielding. For instance, it signals to the international community that security has indeed improved and that the investment climate is ripe; that the present administration is one of the torchbearers of African democracy and respect for rule of law and democracy. Meanwhile, fear abounds that the visit of President Bush shouldn’t hinder the mature relationship between Liberia and the People’s Republic of China (PRC), which the United States see as a contender in African politics, diplomacy and trade.
Friday, February 22, 2008
Wednesday, February 20, 2008
Musah Dean Becomes Lawyer for Hans Williams’ Family
… Former Michael Justice Michael “Tipped” to Replace Gongloe, But
By: Bill K. Jarkloh
“As the purpose of the prosecution is not necessarily to convict, but to pursue the truth, and as the accused, persons are presume innocent until proven guilty in a court of competent jurisdiction, irrespective of public sentiments and opinion, we strongly believe that the Ministry of Justice under your administration will protect the rights of those charge now and during the process of the trial,” Cllr. F. Musah Dean has reminded the Ministry of Justice.
The Liberian jurist and legal practitioner was speaking in a letter of February 13, 2008 to the Justice Minister Philip A. Z. Banks announcing that his law firm is being hired to represent the legal interest of the Hans Williams family who are all arrested in connection with the sexual harassment and subsequent killing of little Angel Meideh Togba at the residence of the Williams.
In his February 12th, letter, Cllr. Dean alleged that one of his clients – Patrick Kollie – who was also arrested in connection with little Angel’s abused and killing, was tortured on Tuesday night, 12 February 2008, with the aimed of extracting confession from him.
“Those involved initially were identified by police codes R-9, and 117. And inquiry later revealed the names of Mr. Jabateh and Miss Itoka of the Liberian national Police Force,” Cllr. Dean indicated. He said the torture of his clients constitutes a serious violation of the rights of the accused, requesting that the Minister of Justice institute an investigation into the matter for the bearing of appropriate action against those responsible for the torture.
Cllr Dean is also requesting from the Ministry of Justice copies of all relevant investigative reports including analyses and findings of the two autopsies performed on the remains of the late little Angel.
This new development comes after a foreign pathologist who performed the second autopsy on the late little Angel Meideh Togba found and reported that the 13-year-old girl was sexually abused and harassed before her death, leading to the arrest of Angel’s guardians in connection to the killing of 13-year-old kid
Angel’s guardians, Hans Williams and his fiancée Mardea Payku, have hired the Cllr. Dean to defend them during litigation. This comes at the time the Minister of Justice has vowed to prosecute all those that are found in connection to the killing of little Angel at the end of the present ongoing investigation into the matter.
Already Hans William, Mardea and the grand mother and one Peter Kollie who lived with the Hans family have been nabbed in connection with the sexual abused of Angel and her strangulation to death.
Meanwhile, sources from the Ministry of Justice have hinted that former Associated Justice Michael Wilkins Wright has been tipped to be the Solicitor General of the Republic of Liberia. Our source said already, Justice Minister Banks have forwarded the name of Judge Wright to the Executive Mansion for appointment.
According to our sources, Solicitor Gongloe and the Minister of Justice have not been agreeing on the matter of policies thereby making the government to spent huge sums on prosecution. “They were always pretending in the public; they have been in disagreement on policy differences. The situation worsens by the sentiments that have risen up against Cllr. Tiawon Gongloe from the time he commented on the first autopsy report,” source hinted.
But when Cllr. Gongloe was contacted on the mobile phone, he said he was not at fault on findings contained in the first autopsy report. “Bill, you guys sit there and the media have been portraying as though I was the one that performed the autopsy. That is not the case; I just read what was submitted to use as findings – and if there is any fault, I am not responsible because I am not the medical man nor was I one of those that perform and came up with the findings,” Cllr. Gongloe, the Solicitor-General of Liberia, told me on the Mobile phone.
Angel's death was controversial
Actual cause for death 13-year-old Angel Meidah Togba was not known, but her guardians reported that she has hanged herself to death. The incident took place on November 30, 2007 at 7PM on the Old Road at the residence of Former Director General of the Civil Service Agency (GSA), Mr. Hans Williams, whose fiancé Mardea Payku and him were Angel’s guardians.
The deceased was an 8th grade student at the “Christ the King Catholic School’ on the Old Road. According to family sources, she was born on December 2, 1993 in New Georgia, Caldwell Montserrado County, and it said that Angel was expected to celebrate her birthday when she was “found dead”.
Information gathered by www.panwhan.com has it that the late Angel Togba was a close a niece of Madam Madia Paykue who is to be the wife of Mr. Williams. Reports further said Mardea had booked Hans Williams and little Angel in an affairs in the bathroom of the couple-to-be, and the reaction of Mardea to this illicit sexual affairs with the minor by her husband-to-be might have killed little Angel Togba.
Hans and fiancee charged with murder
First of two autopsies performed by a Liberian doctor and latter by a Ghana-based Cuban pathologists blamed the cause on suicide, but the latter found that little Angel Togba was raped and strangled to death, leading to the arrest of Mr. Hans Williams and Mardea Payku. They have been charged with murder and committed to the Monrovia Central Prison pending prosecution
Meanwhile, Mr. Namuinue S. Togba, the father of the deceased, regretted the incident. He said he had hesitated to give his daughter to Mardea and husband to be. According to him, said releasing his late daughter was never approved by him but the mother of the victim, also identified as Sue S. Togba.
“For almost five years Madia Paykue has been requesting for Meidah Togba to go and stay with her”, the victim’s father said. Mr. Togba told this paper that he is suspecting a foul play in his daughter death but did not say in detail.
By: Bill K. Jarkloh
“As the purpose of the prosecution is not necessarily to convict, but to pursue the truth, and as the accused, persons are presume innocent until proven guilty in a court of competent jurisdiction, irrespective of public sentiments and opinion, we strongly believe that the Ministry of Justice under your administration will protect the rights of those charge now and during the process of the trial,” Cllr. F. Musah Dean has reminded the Ministry of Justice.
The Liberian jurist and legal practitioner was speaking in a letter of February 13, 2008 to the Justice Minister Philip A. Z. Banks announcing that his law firm is being hired to represent the legal interest of the Hans Williams family who are all arrested in connection with the sexual harassment and subsequent killing of little Angel Meideh Togba at the residence of the Williams.
In his February 12th, letter, Cllr. Dean alleged that one of his clients – Patrick Kollie – who was also arrested in connection with little Angel’s abused and killing, was tortured on Tuesday night, 12 February 2008, with the aimed of extracting confession from him.
“Those involved initially were identified by police codes R-9, and 117. And inquiry later revealed the names of Mr. Jabateh and Miss Itoka of the Liberian national Police Force,” Cllr. Dean indicated. He said the torture of his clients constitutes a serious violation of the rights of the accused, requesting that the Minister of Justice institute an investigation into the matter for the bearing of appropriate action against those responsible for the torture.
Cllr Dean is also requesting from the Ministry of Justice copies of all relevant investigative reports including analyses and findings of the two autopsies performed on the remains of the late little Angel.
This new development comes after a foreign pathologist who performed the second autopsy on the late little Angel Meideh Togba found and reported that the 13-year-old girl was sexually abused and harassed before her death, leading to the arrest of Angel’s guardians in connection to the killing of 13-year-old kid
Angel’s guardians, Hans Williams and his fiancée Mardea Payku, have hired the Cllr. Dean to defend them during litigation. This comes at the time the Minister of Justice has vowed to prosecute all those that are found in connection to the killing of little Angel at the end of the present ongoing investigation into the matter.
Already Hans William, Mardea and the grand mother and one Peter Kollie who lived with the Hans family have been nabbed in connection with the sexual abused of Angel and her strangulation to death.
Meanwhile, sources from the Ministry of Justice have hinted that former Associated Justice Michael Wilkins Wright has been tipped to be the Solicitor General of the Republic of Liberia. Our source said already, Justice Minister Banks have forwarded the name of Judge Wright to the Executive Mansion for appointment.
According to our sources, Solicitor Gongloe and the Minister of Justice have not been agreeing on the matter of policies thereby making the government to spent huge sums on prosecution. “They were always pretending in the public; they have been in disagreement on policy differences. The situation worsens by the sentiments that have risen up against Cllr. Tiawon Gongloe from the time he commented on the first autopsy report,” source hinted.
But when Cllr. Gongloe was contacted on the mobile phone, he said he was not at fault on findings contained in the first autopsy report. “Bill, you guys sit there and the media have been portraying as though I was the one that performed the autopsy. That is not the case; I just read what was submitted to use as findings – and if there is any fault, I am not responsible because I am not the medical man nor was I one of those that perform and came up with the findings,” Cllr. Gongloe, the Solicitor-General of Liberia, told me on the Mobile phone.
Angel's death was controversial
Actual cause for death 13-year-old Angel Meidah Togba was not known, but her guardians reported that she has hanged herself to death. The incident took place on November 30, 2007 at 7PM on the Old Road at the residence of Former Director General of the Civil Service Agency (GSA), Mr. Hans Williams, whose fiancé Mardea Payku and him were Angel’s guardians.
The deceased was an 8th grade student at the “Christ the King Catholic School’ on the Old Road. According to family sources, she was born on December 2, 1993 in New Georgia, Caldwell Montserrado County, and it said that Angel was expected to celebrate her birthday when she was “found dead”.
Information gathered by www.panwhan.com has it that the late Angel Togba was a close a niece of Madam Madia Paykue who is to be the wife of Mr. Williams. Reports further said Mardea had booked Hans Williams and little Angel in an affairs in the bathroom of the couple-to-be, and the reaction of Mardea to this illicit sexual affairs with the minor by her husband-to-be might have killed little Angel Togba.
Hans and fiancee charged with murder
First of two autopsies performed by a Liberian doctor and latter by a Ghana-based Cuban pathologists blamed the cause on suicide, but the latter found that little Angel Togba was raped and strangled to death, leading to the arrest of Mr. Hans Williams and Mardea Payku. They have been charged with murder and committed to the Monrovia Central Prison pending prosecution
Meanwhile, Mr. Namuinue S. Togba, the father of the deceased, regretted the incident. He said he had hesitated to give his daughter to Mardea and husband to be. According to him, said releasing his late daughter was never approved by him but the mother of the victim, also identified as Sue S. Togba.
“For almost five years Madia Paykue has been requesting for Meidah Togba to go and stay with her”, the victim’s father said. Mr. Togba told this paper that he is suspecting a foul play in his daughter death but did not say in detail.
Nigeria: Ghana's Ingratitude
Just 2007, when the Republic of Ghana celebrated its golden jubilee of national independence, Ghanaian President John Kufuor showered praises on former president Olusegun Obasanjo for dishing out in 2006 $40 million to get the Ghanaian government out of a choking oil crisis. Acording to reports, President Obasanjo at the time rendered this assistance in an act of a "Big Brother role" without approval of the Federal Assembly. But as Jerry Uwah of Abuja wrote in his article: "the Ingratitude of Ghanaians," it seems that there is a trade and economic stand off developing between Nigeria and Ghana, whereby Ghanaians are feeling that the Nigerians are overshadowing the Ghanaian economy. WWW.Panwhanpen.com brings you an analysis by the Nigerian comumnist:
There is a casual hand bag in the Republic of Ghana derisively tagged "Nigerians are coming". The bag is a mini version of the sack known in Nigeria as "Ghana must go." "Nigerians are coming" derives its name from the shift in the flow of migrants which sees Nigerians trooping to Ghana for investment opportunities. "Ghana Must Go" found its way into the Nigerian lexicon in 1982 when former President Shehu Shagari flushed out thousands of illegal immigrants from the ECOWAS sub-region who had turned Nigeria into one big training camp for criminals.
Ghana had the highest number of illegal immigrants in Nigeria thus making the whole exercise look like an operation directed at Ghanaians alone. They all left in long convoys of Mercedes Benz 911 trucks with their belongings packed into the familiar sack that now attracts the euphemism "Ghana must go".
Those were the days when Ghanaians fleeing economic hardship at home were everywhere in Nigeria. Today, the Ghanaian economy is on a stronger footing. The Nigerian economy is equally strong and several times larger than that of Ghana. But the direction of flow of migrants has changed.
More Nigerians are going to Ghana now than Ghanaians coming to Nigeria. In fact, the few Ghanaians left in Nigeria are returning home. Just like in the 1980s, the change in the flow of migrants is engendered by economic factors. But unlike in the 1980s when Ghanaians trooped to Nigeria in search of food, Nigerians flocking to Ghana now are looking for avenues to invest their petro-dollars.
Though small in size, the Ghanaian economy sits on a very solid electric power base and education system that makes Nigeria look like a primitive society when it comes to investment opportunities. Unilever, a leading multinational company with expansive production facilities in Nigeria, has relocated some of its production lines to Ghana because of the inclement investment weather in Nigeria. Some Nigerian middle class income earners now send their children to Ghanaian universities because of the menace of cultism and incessant strikes in Nigerian universities.
Besides, many Nigerian banks have opened cash offices or subsidiaries in Ghana just to register a foothold.
It is this new trend in the flow of migrants that prompted the naming of the said ubiquitous traveling bag "Nigerians are coming."
Like many other countries in Africa, the Ghanaians are not taking it easy with the massive flow of Nigerian investment into their economy. Despite the fact that such investment creates more jobs in their economy, they see it first as a move by a stronger economy to dominate a weaker one. They are also scared of the "corrupting influence" of the average Nigerian investor.
It is in the light of this that one would see the recent investment law enacted by the Ghanaian government. This law stipulates that foreigners doing business in Ghana must have a capital base of $350,000 (about N41 million) to be allowed to operate. On the surface, the law is designed to protect Ghanaian investors from foreigners with better business acumen and background.
However, the implementation of the investment law suggests that it was designed primarily to tame Nigerians. Some Nigerian businesses have been closed down for allegedly failing to meet the new capital base. No one would complain if the agencies enforcing the new law had meted out equal punishment for every defaulting foreigner. But the reverse is the case.
That is why the words of Salisu Abdul, Nigeria's high commissioner to Ghana, should be considered very weighty.
After months of futile attempts at resolving the matter diplomatically, the high commissioner told the News Agency of Nigeria (NAN) that the lop-sided implementation of Ghana's new investment law clearly indicates that it was targeted at Nigerians.
The Nigerian diplomat contends that the Ghanaian authorities did not close any Lebanese, South African or Kenyan shops in the process of enforcing the new
law. The only shops closed were those of Nigerians. Abdul's attempts at settling the matter through the diplomatic channel met a concrete wall. He booked several appointments with the director-general of Ghana Investment Promotion Commission, but the man would not honour even one. The director-general repeatedly dodged the Nigerian diplomat. When the head of the Nigerian mission exhausted all avenues of settling the matter on his own, he reported to his superiors in Abuja.
The federal government dispatched the minister of commerce to meet the Ghanaian government on the issue. Like the head of the Nigerian mission in Accra, the minister met a stone wall. The Ghanaian government would not play ball.
The matter has now been referred to ECOWAS which has offered to mediate. From all indications, ECOWAS is not likely to make any head way in resolving the trade dispute.
One thing that could easily be noted in the Ghanaian government's stand-off is that Salisu Abdul is a rare breed in Nigeria's diplomatic corps. Nigerian diplomats are not known for putting up that kind of spirited fight for their compatriots in foreign lands.
There were reports of a Nigerian lady who was serving a jail term in Pakistan and delivered a baby while in jail. At the end of her prison term, the Nigerian mission in Pakistan reportedly asked her to invite her relatives in Nigeria to travel to Pakistan and secure a Nigerian passport for the new born baby before she could travel back home.
Abdul's encounter with the Ghanaian government has shown that with men like him in the nation's diplomatic corps, Nigerians in foreign lands could still have a ray of hope. On the other hand, the federal government has been too tolerant of the posture of the Ghanaian government.
There is no reason why the Ghanaian government should single out Nigerian investors for punishment in the implementation of the new law, except for the inferiority complex plaguing all impoverished African countries due to Nigeria's perceived Big Brother posture.
South Africa has virtually taken over Nigeria's economy and no one in Abuja has lifted a finger in protest. Nigerians are not complaining either. They see the development as an employment generating strategy. The world has become one big global village where people can invest wherever the investment climate is friendly.
About 60 per cent of the goods in US retail shops are made in China by subsidiaries of American companies. The availability of cheap labour and high technology in China has compelled hundreds of American and European companies to open production plants in China where they produce at cheaper rates and ship back to their different markets. The Ghanaian government should see Nigerian investors in their land the way Nigerians see South Africans.
They should be assisted to help grow the Ghanaian economy rather than being harassed out of business for the sheer intimidating size of their home economy and population.
As I stated earlier, the federal government is being too docile in its handling of the trade dispute with the Ghanaian government. The size or number of businesses shut down by the Ghanaian government should not be the determining factor in the response of the federal government.
After the reconciliatory move by the minister of commerce was rebuffed by the Ghanaian government, the federal government should have responded with a deadline within which the men in Accra must redress the situation or face retaliatory sanctions.
The smaller countries in Africa are watching the events in Accra with intense curiosity. If the Nigerian government allows the men in Accra to get away with their stupid, discriminatory protectionist law, Liberia may strike right back with a similar embargo despite the massive blood shed and billions of dollars that Nigeria invested in the struggle to end that country's fratricidal war.
Like in Ghana, Nigerian businessmen in South Africa are not having it easy with the host country despite the friendly business environment that South African business men enjoy in Nigeria. The perception of governments all over the world is that Nigerians in foreign lands are on their own. The enormous economic and military muscle of the federal government does not even protect those at home; let alone of those in foreign lands.
Ghana's protectionist law and the discriminatory manner of its implementation is an act of ingratitude when viewed from the fact that former president Olusegun Obasanjo in 2006 dolled out $40 million to get the Ghanaian government out of an asphyxiating oil crisis. Obasanjo was in such haste to act the Big Brother role did not even remember to seek the approval of the National Assembly before advancing that soft loan.
Last year during the 50th anniversary of Ghana's independence, President John Kufuor paid a glowing tribute to the Nigerian government for its generous economic assistance to his country. The same man turned around a few months later to assent a bill that amounts to a trade barrier against Nigerians.
A government that could hit back so hard on its generous donor is definitely not a friend. It should, therefore, not be treated as one.
There is a casual hand bag in the Republic of Ghana derisively tagged "Nigerians are coming". The bag is a mini version of the sack known in Nigeria as "Ghana must go." "Nigerians are coming" derives its name from the shift in the flow of migrants which sees Nigerians trooping to Ghana for investment opportunities. "Ghana Must Go" found its way into the Nigerian lexicon in 1982 when former President Shehu Shagari flushed out thousands of illegal immigrants from the ECOWAS sub-region who had turned Nigeria into one big training camp for criminals.
Ghana had the highest number of illegal immigrants in Nigeria thus making the whole exercise look like an operation directed at Ghanaians alone. They all left in long convoys of Mercedes Benz 911 trucks with their belongings packed into the familiar sack that now attracts the euphemism "Ghana must go".
Those were the days when Ghanaians fleeing economic hardship at home were everywhere in Nigeria. Today, the Ghanaian economy is on a stronger footing. The Nigerian economy is equally strong and several times larger than that of Ghana. But the direction of flow of migrants has changed.
More Nigerians are going to Ghana now than Ghanaians coming to Nigeria. In fact, the few Ghanaians left in Nigeria are returning home. Just like in the 1980s, the change in the flow of migrants is engendered by economic factors. But unlike in the 1980s when Ghanaians trooped to Nigeria in search of food, Nigerians flocking to Ghana now are looking for avenues to invest their petro-dollars.
Though small in size, the Ghanaian economy sits on a very solid electric power base and education system that makes Nigeria look like a primitive society when it comes to investment opportunities. Unilever, a leading multinational company with expansive production facilities in Nigeria, has relocated some of its production lines to Ghana because of the inclement investment weather in Nigeria. Some Nigerian middle class income earners now send their children to Ghanaian universities because of the menace of cultism and incessant strikes in Nigerian universities.
Besides, many Nigerian banks have opened cash offices or subsidiaries in Ghana just to register a foothold.
It is this new trend in the flow of migrants that prompted the naming of the said ubiquitous traveling bag "Nigerians are coming."
Like many other countries in Africa, the Ghanaians are not taking it easy with the massive flow of Nigerian investment into their economy. Despite the fact that such investment creates more jobs in their economy, they see it first as a move by a stronger economy to dominate a weaker one. They are also scared of the "corrupting influence" of the average Nigerian investor.
It is in the light of this that one would see the recent investment law enacted by the Ghanaian government. This law stipulates that foreigners doing business in Ghana must have a capital base of $350,000 (about N41 million) to be allowed to operate. On the surface, the law is designed to protect Ghanaian investors from foreigners with better business acumen and background.
However, the implementation of the investment law suggests that it was designed primarily to tame Nigerians. Some Nigerian businesses have been closed down for allegedly failing to meet the new capital base. No one would complain if the agencies enforcing the new law had meted out equal punishment for every defaulting foreigner. But the reverse is the case.
That is why the words of Salisu Abdul, Nigeria's high commissioner to Ghana, should be considered very weighty.
After months of futile attempts at resolving the matter diplomatically, the high commissioner told the News Agency of Nigeria (NAN) that the lop-sided implementation of Ghana's new investment law clearly indicates that it was targeted at Nigerians.
The Nigerian diplomat contends that the Ghanaian authorities did not close any Lebanese, South African or Kenyan shops in the process of enforcing the new
law. The only shops closed were those of Nigerians. Abdul's attempts at settling the matter through the diplomatic channel met a concrete wall. He booked several appointments with the director-general of Ghana Investment Promotion Commission, but the man would not honour even one. The director-general repeatedly dodged the Nigerian diplomat. When the head of the Nigerian mission exhausted all avenues of settling the matter on his own, he reported to his superiors in Abuja.
The federal government dispatched the minister of commerce to meet the Ghanaian government on the issue. Like the head of the Nigerian mission in Accra, the minister met a stone wall. The Ghanaian government would not play ball.
The matter has now been referred to ECOWAS which has offered to mediate. From all indications, ECOWAS is not likely to make any head way in resolving the trade dispute.
One thing that could easily be noted in the Ghanaian government's stand-off is that Salisu Abdul is a rare breed in Nigeria's diplomatic corps. Nigerian diplomats are not known for putting up that kind of spirited fight for their compatriots in foreign lands.
There were reports of a Nigerian lady who was serving a jail term in Pakistan and delivered a baby while in jail. At the end of her prison term, the Nigerian mission in Pakistan reportedly asked her to invite her relatives in Nigeria to travel to Pakistan and secure a Nigerian passport for the new born baby before she could travel back home.
Abdul's encounter with the Ghanaian government has shown that with men like him in the nation's diplomatic corps, Nigerians in foreign lands could still have a ray of hope. On the other hand, the federal government has been too tolerant of the posture of the Ghanaian government.
There is no reason why the Ghanaian government should single out Nigerian investors for punishment in the implementation of the new law, except for the inferiority complex plaguing all impoverished African countries due to Nigeria's perceived Big Brother posture.
South Africa has virtually taken over Nigeria's economy and no one in Abuja has lifted a finger in protest. Nigerians are not complaining either. They see the development as an employment generating strategy. The world has become one big global village where people can invest wherever the investment climate is friendly.
About 60 per cent of the goods in US retail shops are made in China by subsidiaries of American companies. The availability of cheap labour and high technology in China has compelled hundreds of American and European companies to open production plants in China where they produce at cheaper rates and ship back to their different markets. The Ghanaian government should see Nigerian investors in their land the way Nigerians see South Africans.
They should be assisted to help grow the Ghanaian economy rather than being harassed out of business for the sheer intimidating size of their home economy and population.
As I stated earlier, the federal government is being too docile in its handling of the trade dispute with the Ghanaian government. The size or number of businesses shut down by the Ghanaian government should not be the determining factor in the response of the federal government.
After the reconciliatory move by the minister of commerce was rebuffed by the Ghanaian government, the federal government should have responded with a deadline within which the men in Accra must redress the situation or face retaliatory sanctions.
The smaller countries in Africa are watching the events in Accra with intense curiosity. If the Nigerian government allows the men in Accra to get away with their stupid, discriminatory protectionist law, Liberia may strike right back with a similar embargo despite the massive blood shed and billions of dollars that Nigeria invested in the struggle to end that country's fratricidal war.
Like in Ghana, Nigerian businessmen in South Africa are not having it easy with the host country despite the friendly business environment that South African business men enjoy in Nigeria. The perception of governments all over the world is that Nigerians in foreign lands are on their own. The enormous economic and military muscle of the federal government does not even protect those at home; let alone of those in foreign lands.
Ghana's protectionist law and the discriminatory manner of its implementation is an act of ingratitude when viewed from the fact that former president Olusegun Obasanjo in 2006 dolled out $40 million to get the Ghanaian government out of an asphyxiating oil crisis. Obasanjo was in such haste to act the Big Brother role did not even remember to seek the approval of the National Assembly before advancing that soft loan.
Last year during the 50th anniversary of Ghana's independence, President John Kufuor paid a glowing tribute to the Nigerian government for its generous economic assistance to his country. The same man turned around a few months later to assent a bill that amounts to a trade barrier against Nigerians.
A government that could hit back so hard on its generous donor is definitely not a friend. It should, therefore, not be treated as one.
Thursday, February 7, 2008
Will There Be Second Chance for Julu & Dorbor?
. . .The Culture of Impunity –Vs-Rule of Law
By: Bill K. Jarkloh
If rule of law is really important, one would wonder when character like Charles Julu had begun to know this. The bare fact that Julu was never a respecter of rule of law explains why he should be appreciative that he was even taken to court after he was accused of trying to overthrow the Ellen Johnson Sirleaf Administration. Wasn’t Julu and others the ones use to trample upon the rights of the sitting President at the Post Stockade merely because she didn’t want to be Senator in a Samuel Doe-led administration characterized by abuses? Maybe he forgot. But let us periscope some of his activities.
For sure, it has been long ago that the person Charles Julu has lingered into the act of impunity as of atrocities committed in the country. For instance, retired Army General Julu have lingered in impunity for atrocities he committed in Liberia during the regime of his kinsmen, slain President Samuel K. Doe, and for his involvement with treasonable acts.
General Julu – known as ROCK during the Samuel Doe regime of the 1980s - was reportedly responsible for the dumping of more than 500 children in Yekepa in Nimba County when he was the Commander of the Plant Protection Force (PPF) prior to his promotion to the rank of Lt/Gen of the AFL by President Doe.
Beside, Julu was a dreadful General of the Army, and his role in the AFL as a General of the Krahn tribe of President Doe is recorded to be highly atrocious. He participated in the notorious Nimba Raid masterminded by the ruling Krahns against their rival Gios of General Thomas Quiowonkpa who and general Doe Doe were fighting for control of the Liberian Army.
The Nimba Raid was used by the Krahns to slaughter innocent Nimbaians. During the Liberian Civil War when the ECOWAS Monitoring Group (ECOMOG) was armed to the teeth, Julu was braved to have seized the Executive Mansion, and it took a military bombardment by the regional forces to chase him out of the Liberian State House.
Is the Judge expressing sectional sentiments?
Now that the dust has settled, Julu again is linked to plot to overthrow the first postwar Government of President Ellen Johnson-Sirleaf, and was therefore indicted. Although the Jury derived a guilty verdict against him and his kinsman Dorbor, a retired army colonel who too was accused of plotting along with General Julu, the Judge has set the guilty verdict aside and ordered a new trial.
The presiding judge at the Criminal Court “A”, Charles K. Williams yesterday set the verdict of the trial Jury aside and ordered a new trial. Judge William said the evidence adduced before his court contradicts the verdict that brought down guilty the accused, Rtd Lt/Gen. Charles Julu and former AFL Col. Andrew Dorbor. Both men were charged with plotting to subvert the Ellen Johnson-Sirleaf administration.
The Judge’s ruling was in response to a motion filed before the court by the Defense Counsel representing the legal interest of the accused. In their motion, Defense Counsel led by human right lawyer T. Dempster Brown asked the Criminal Court “A” for retrial of the treason case. Cllr. Brown maintained in the motion:
i. That in the event of a guilty verdict against defendant(s), the court may grant a retrial based on a motion by defense within four days.
ii. The defense lawyers argued that the empanelled jury that were judges of the fact in the case misconstrued the facts presented by parties during the trial, a reason for which the defense lawyers said the jury came with a guilty verdict.
iii. The lawyers also insisted that the state has no case to warrant a guilty verdict against the accused, saying that the prosecution has tendered no evidence to the court to prove beyond every reasonable doubt that their clients did plot to overthrown the government.
iv. Cllr. Brown further said for Defense Counsel that the prosecution didn’t prove that Dorbor and Julu went to Ivory Coast to purchase weapons for the alleged mission to overthrow.
v. That from the beginning to the end of the case, prosecution lawyers did not provide a rebuttal witness to testimonies by rtd. Col. Dorbor. Dorbor said he was arrested in the Ivory Coast by Liberian Security and that he went to the Ivory Coast to his family and not for the purpose of acquiring weapons to overthrow the government, even though he consented that he was arrested in a military barracks in the Ivory Coast with the assistance of personnel of the Ivorian army.
The defense counsel therefore prayed the court to grant the defendants a retrial on the grounds stated which are supported by law. In its counter argument, prosecuting attorneys led by Montserrado County Attorney Samuel Jacobs requested the court to set aside the defendants’ motion for retrial, deny it and confirm the verdict of the jury by pronouncing sentence. The prosecution lawyers maintained:
vi. That the jury’s verdict was in keeping with the facts and evidences adduced before the court during the course of the trial.
vii. He furthered that defense lawyers’ failure to prove their allegation of jury tampering and bribery case raise after the verdict was announced is a whip on their back by which the verdict should be confirmed and sentence pronounced against the defendants.
After the “guilty verdict” brought against the defendants, the defense lawyers supported by the judges, Charles Williams, alleged jury tampering and accused the County Attorney of bribing the jury. But during investigation of the matter at the court, the defense lawyers could not provide proof to substantiate the allegation of bribery and jury tampering thereby leaving the very judge with no alternative by to scrap the allegation and dismiss same.
Having listened to the pros and cons of the arguments on the motion for retrial, Judge William – the resident circuit Judge of River-Gee County who is assigned at and now presiding over the Criminal Court “A” said it would be a miscarriage of justice for him as a judge to confirm a verdict that contradicts the evidence adduced before the court during trial. He therefore set aside the verdict and ordered a new trial during the February Term of Court starting next week.
However, the prosecution has taken exception to the judge’s ruling. It is not known whether the retrial will hold, even though there is no record available pointing to the determination of the Prosecution lawyers to seek Supreme Court Opinion. The exception is in a right direction. This is because the Judge – from River-Gee next door to Grand Gedeh from where Julu hailed – has take side. In fact this judge must recuse himself from the case on ground that he has prejudice justice when he chided the trial jury, heaping allegation of bribe taking which he later agreed could not be proven.
Remedy to sustain guilty verdict or otherwise independently
Anyway, from the operation of the Liberian jurisprudence, the Prosecution may file a Writ of Certiorari alleging error of the lower court judge before the Justice in Chamber at Supreme Court, which would obviously put halt to a retrial until the high court can determine otherwise in support of or against the ruling of the Judge of the lower court, in this case the Criminal Court “A”. A certiorari is a legal instrument in which an party appeal to the Supreme Court for remedy of error of a circuit court judge.
Not knowing whether or not the Prosecution goes to the Supreme Court for remedial action, what remains to be known is whether the Judge, Charles Williams will remain to sit and retry the treason case in the wake of his misconduct of earlier siding with defense in making jury tampering allegation unsubstantially or whether the authority controlling will bring a neutral judge.
Judge William was not independent as required of him. he, in fact, went against the judicial cannon that forbids photographing and recording in the courtroom by ordering journalists to photograph the jurors for the guilty verdict against the Grand Gedeans accused.
Whatever is the case, there are speculations that Judge Williams is siding with the defendants because they are from the same Grand Gedeh area. Some said he is Grand Gedian while others say he is from River-Gee County which was originally part of Grand Gedeh. Notwithstanding the truth of the matter, Judge William is the Resident Circuit Judge for River-Gee.
Call to Respect “Guilty verdict”
Meanwhile, the Justice Ministry through the Solicitor General of Liberia recently cautioned parties to respect the “Guilty Verdict” of the Jury prior to the Court ruling setting it aside. Solicitor General Tiawon Gongloe furthered that:
viii. The jurors are judges of facts, and that their verdict is considered the result of what appeared in court during trial.
ix. Unless it is proven that the judges of facts were bribe; the guilty verdict remains the outcome of the case for now.
x. He argued legally that “If they were bribe, why did the defense counsel and/or judge waited until after their verdict?” and maintained that the state is not the custodian of the sequestrated panel of jurors that have determined the verdict. “The Jury is in the custody of the Court, and the State lawyers have nothing to do with them,” he explained.
xi. He said their feeding and everything is channeled through the court by the Supreme Court which is the senior most administrator of the Judiciary of which the Jury is a party.
Indeed, Cllr. Gongloe’s points are right. If a verdict is derived, a judge must respect it. For the fact that the judge commented on the verdict sarcastically and exposed the jury to danger and ridicule, he is supposed to be dealt with and the verdict itself respected in the absence of evidence to substantiate the bribery allegation brought against the jury.
In any case the need to investigate was inevitable and this is why the Justice Ministry senior prosecutor vowed to prosecute anyone connected to the bribery allegation, including the Jury, if the allegations were proven to be true. But investigation was conducted and the defense lawyers did not prove their allegations.
At the Conclusion of the treason trial when the Jury derived the guilty verdict against defendants Charles Julue and Andrew Dorbor the defense lawyers accused empanelled jury of receiving bribe from state prosecutors. In reaction to the motion requesting the Court to discharge the Jury, the lead defense lawyer, Cllr. T. Dempster accused the Jury of being tampered with. But were exactly the allegations against the jury? How did it influence the ruling? In his words, the lead defense counsel said:
xii. The defense had information that that by 8: Am on the eve of the verdict, County Attorney Samuel Jacobs came to ground of the Temple of Justice and promise each of the jurors $800.00.”
xiii. Cllr. Brown who frowned at the Jury’s Guilty Verdict also said the County Attorney admitted that he came to this building 12: mid night when every lawyer was asked to keep off this area after normal working hours [the County Attorney said he was always there to work on legal papers in the evening].
xiv. He alleged that by “This admittance by the County Attorney that he entered this building at 12:00 midnight is clear indication that he has tampered with the jury.”
It was because of these claims that Cllr. Brow herefore called for full investigation, and requested the Judge to incarcerate the Jurors until the allegations against them are proven otherwise.”
The Judge’s reaction to the allegation
The Judge reacting to the prosecution lawyers claims declared outside a judicial ruling that the allegations by the defense were very serious because:
xv. He alleged, “I remembered that before the Christmas, the County Attorney told me that the Government was contemplating on giving the juror Christmas bonus of $150.”
xvi. He called the jurors to my office and advised them that any attempt to receive the amount will be considered a bribe.” Judge Williams further said, “First of all I told them I don’t trust them [the Jury],”
xvii. He chided the forelady of the Jury who, the judge claimed had told “me she’s a reverend, but her action told me that she is not a reverend.”
xviii. According to the Judge, a prosecutor, Cllr. Constant who he told about this attempt to bribe the jury requested him to investigate the attempt because it was a serious allegation, but he refused saying -“Then I said – to me this case is being followed by the whole world. Unless they have no conscience, the will do vise visa.”
xix. The Judge then ordered journalists to take the photos of the Jurors, a situation with made the case more disorganized with chanting and shouting while the entire jury started to heap queries on him, the Judge.
From all fairness, the Judge should not have to make comments on a verdict he had not ruled on. He should be as neutral as possible instead of siding with a party and especially humiliating a trial jury for their verdict that was still pending before him.
Conclusion
The judge in my opinion should be impeached. It doesn’t take a legal mind to understand that what he did was a miscarriage of justice. In fact, he should not have been the one to investigate the defense lawyers’ bribery allegation against the jury.
In this new dispensation, any wrong on the part of any justice, judge or magistrate and other court officials that has the tendency to miscarry justice, tamper with rule of law and infringe on the rights of others, especially during the search for justice should not be allowed to go free, but should be punished. This is why Judge Williams should be impeached for serving as pseudo jury and at the same time judge.
By: Bill K. Jarkloh
If rule of law is really important, one would wonder when character like Charles Julu had begun to know this. The bare fact that Julu was never a respecter of rule of law explains why he should be appreciative that he was even taken to court after he was accused of trying to overthrow the Ellen Johnson Sirleaf Administration. Wasn’t Julu and others the ones use to trample upon the rights of the sitting President at the Post Stockade merely because she didn’t want to be Senator in a Samuel Doe-led administration characterized by abuses? Maybe he forgot. But let us periscope some of his activities.
For sure, it has been long ago that the person Charles Julu has lingered into the act of impunity as of atrocities committed in the country. For instance, retired Army General Julu have lingered in impunity for atrocities he committed in Liberia during the regime of his kinsmen, slain President Samuel K. Doe, and for his involvement with treasonable acts.
General Julu – known as ROCK during the Samuel Doe regime of the 1980s - was reportedly responsible for the dumping of more than 500 children in Yekepa in Nimba County when he was the Commander of the Plant Protection Force (PPF) prior to his promotion to the rank of Lt/Gen of the AFL by President Doe.
Beside, Julu was a dreadful General of the Army, and his role in the AFL as a General of the Krahn tribe of President Doe is recorded to be highly atrocious. He participated in the notorious Nimba Raid masterminded by the ruling Krahns against their rival Gios of General Thomas Quiowonkpa who and general Doe Doe were fighting for control of the Liberian Army.
The Nimba Raid was used by the Krahns to slaughter innocent Nimbaians. During the Liberian Civil War when the ECOWAS Monitoring Group (ECOMOG) was armed to the teeth, Julu was braved to have seized the Executive Mansion, and it took a military bombardment by the regional forces to chase him out of the Liberian State House.
Is the Judge expressing sectional sentiments?
Now that the dust has settled, Julu again is linked to plot to overthrow the first postwar Government of President Ellen Johnson-Sirleaf, and was therefore indicted. Although the Jury derived a guilty verdict against him and his kinsman Dorbor, a retired army colonel who too was accused of plotting along with General Julu, the Judge has set the guilty verdict aside and ordered a new trial.
The presiding judge at the Criminal Court “A”, Charles K. Williams yesterday set the verdict of the trial Jury aside and ordered a new trial. Judge William said the evidence adduced before his court contradicts the verdict that brought down guilty the accused, Rtd Lt/Gen. Charles Julu and former AFL Col. Andrew Dorbor. Both men were charged with plotting to subvert the Ellen Johnson-Sirleaf administration.
The Judge’s ruling was in response to a motion filed before the court by the Defense Counsel representing the legal interest of the accused. In their motion, Defense Counsel led by human right lawyer T. Dempster Brown asked the Criminal Court “A” for retrial of the treason case. Cllr. Brown maintained in the motion:
i. That in the event of a guilty verdict against defendant(s), the court may grant a retrial based on a motion by defense within four days.
ii. The defense lawyers argued that the empanelled jury that were judges of the fact in the case misconstrued the facts presented by parties during the trial, a reason for which the defense lawyers said the jury came with a guilty verdict.
iii. The lawyers also insisted that the state has no case to warrant a guilty verdict against the accused, saying that the prosecution has tendered no evidence to the court to prove beyond every reasonable doubt that their clients did plot to overthrown the government.
iv. Cllr. Brown further said for Defense Counsel that the prosecution didn’t prove that Dorbor and Julu went to Ivory Coast to purchase weapons for the alleged mission to overthrow.
v. That from the beginning to the end of the case, prosecution lawyers did not provide a rebuttal witness to testimonies by rtd. Col. Dorbor. Dorbor said he was arrested in the Ivory Coast by Liberian Security and that he went to the Ivory Coast to his family and not for the purpose of acquiring weapons to overthrow the government, even though he consented that he was arrested in a military barracks in the Ivory Coast with the assistance of personnel of the Ivorian army.
The defense counsel therefore prayed the court to grant the defendants a retrial on the grounds stated which are supported by law. In its counter argument, prosecuting attorneys led by Montserrado County Attorney Samuel Jacobs requested the court to set aside the defendants’ motion for retrial, deny it and confirm the verdict of the jury by pronouncing sentence. The prosecution lawyers maintained:
vi. That the jury’s verdict was in keeping with the facts and evidences adduced before the court during the course of the trial.
vii. He furthered that defense lawyers’ failure to prove their allegation of jury tampering and bribery case raise after the verdict was announced is a whip on their back by which the verdict should be confirmed and sentence pronounced against the defendants.
After the “guilty verdict” brought against the defendants, the defense lawyers supported by the judges, Charles Williams, alleged jury tampering and accused the County Attorney of bribing the jury. But during investigation of the matter at the court, the defense lawyers could not provide proof to substantiate the allegation of bribery and jury tampering thereby leaving the very judge with no alternative by to scrap the allegation and dismiss same.
Having listened to the pros and cons of the arguments on the motion for retrial, Judge William – the resident circuit Judge of River-Gee County who is assigned at and now presiding over the Criminal Court “A” said it would be a miscarriage of justice for him as a judge to confirm a verdict that contradicts the evidence adduced before the court during trial. He therefore set aside the verdict and ordered a new trial during the February Term of Court starting next week.
However, the prosecution has taken exception to the judge’s ruling. It is not known whether the retrial will hold, even though there is no record available pointing to the determination of the Prosecution lawyers to seek Supreme Court Opinion. The exception is in a right direction. This is because the Judge – from River-Gee next door to Grand Gedeh from where Julu hailed – has take side. In fact this judge must recuse himself from the case on ground that he has prejudice justice when he chided the trial jury, heaping allegation of bribe taking which he later agreed could not be proven.
Remedy to sustain guilty verdict or otherwise independently
Anyway, from the operation of the Liberian jurisprudence, the Prosecution may file a Writ of Certiorari alleging error of the lower court judge before the Justice in Chamber at Supreme Court, which would obviously put halt to a retrial until the high court can determine otherwise in support of or against the ruling of the Judge of the lower court, in this case the Criminal Court “A”. A certiorari is a legal instrument in which an party appeal to the Supreme Court for remedy of error of a circuit court judge.
Not knowing whether or not the Prosecution goes to the Supreme Court for remedial action, what remains to be known is whether the Judge, Charles Williams will remain to sit and retry the treason case in the wake of his misconduct of earlier siding with defense in making jury tampering allegation unsubstantially or whether the authority controlling will bring a neutral judge.
Judge William was not independent as required of him. he, in fact, went against the judicial cannon that forbids photographing and recording in the courtroom by ordering journalists to photograph the jurors for the guilty verdict against the Grand Gedeans accused.
Whatever is the case, there are speculations that Judge Williams is siding with the defendants because they are from the same Grand Gedeh area. Some said he is Grand Gedian while others say he is from River-Gee County which was originally part of Grand Gedeh. Notwithstanding the truth of the matter, Judge William is the Resident Circuit Judge for River-Gee.
Call to Respect “Guilty verdict”
Meanwhile, the Justice Ministry through the Solicitor General of Liberia recently cautioned parties to respect the “Guilty Verdict” of the Jury prior to the Court ruling setting it aside. Solicitor General Tiawon Gongloe furthered that:
viii. The jurors are judges of facts, and that their verdict is considered the result of what appeared in court during trial.
ix. Unless it is proven that the judges of facts were bribe; the guilty verdict remains the outcome of the case for now.
x. He argued legally that “If they were bribe, why did the defense counsel and/or judge waited until after their verdict?” and maintained that the state is not the custodian of the sequestrated panel of jurors that have determined the verdict. “The Jury is in the custody of the Court, and the State lawyers have nothing to do with them,” he explained.
xi. He said their feeding and everything is channeled through the court by the Supreme Court which is the senior most administrator of the Judiciary of which the Jury is a party.
Indeed, Cllr. Gongloe’s points are right. If a verdict is derived, a judge must respect it. For the fact that the judge commented on the verdict sarcastically and exposed the jury to danger and ridicule, he is supposed to be dealt with and the verdict itself respected in the absence of evidence to substantiate the bribery allegation brought against the jury.
In any case the need to investigate was inevitable and this is why the Justice Ministry senior prosecutor vowed to prosecute anyone connected to the bribery allegation, including the Jury, if the allegations were proven to be true. But investigation was conducted and the defense lawyers did not prove their allegations.
At the Conclusion of the treason trial when the Jury derived the guilty verdict against defendants Charles Julue and Andrew Dorbor the defense lawyers accused empanelled jury of receiving bribe from state prosecutors. In reaction to the motion requesting the Court to discharge the Jury, the lead defense lawyer, Cllr. T. Dempster accused the Jury of being tampered with. But were exactly the allegations against the jury? How did it influence the ruling? In his words, the lead defense counsel said:
xii. The defense had information that that by 8: Am on the eve of the verdict, County Attorney Samuel Jacobs came to ground of the Temple of Justice and promise each of the jurors $800.00.”
xiii. Cllr. Brown who frowned at the Jury’s Guilty Verdict also said the County Attorney admitted that he came to this building 12: mid night when every lawyer was asked to keep off this area after normal working hours [the County Attorney said he was always there to work on legal papers in the evening].
xiv. He alleged that by “This admittance by the County Attorney that he entered this building at 12:00 midnight is clear indication that he has tampered with the jury.”
It was because of these claims that Cllr. Brow herefore called for full investigation, and requested the Judge to incarcerate the Jurors until the allegations against them are proven otherwise.”
The Judge’s reaction to the allegation
The Judge reacting to the prosecution lawyers claims declared outside a judicial ruling that the allegations by the defense were very serious because:
xv. He alleged, “I remembered that before the Christmas, the County Attorney told me that the Government was contemplating on giving the juror Christmas bonus of $150.”
xvi. He called the jurors to my office and advised them that any attempt to receive the amount will be considered a bribe.” Judge Williams further said, “First of all I told them I don’t trust them [the Jury],”
xvii. He chided the forelady of the Jury who, the judge claimed had told “me she’s a reverend, but her action told me that she is not a reverend.”
xviii. According to the Judge, a prosecutor, Cllr. Constant who he told about this attempt to bribe the jury requested him to investigate the attempt because it was a serious allegation, but he refused saying -“Then I said – to me this case is being followed by the whole world. Unless they have no conscience, the will do vise visa.”
xix. The Judge then ordered journalists to take the photos of the Jurors, a situation with made the case more disorganized with chanting and shouting while the entire jury started to heap queries on him, the Judge.
From all fairness, the Judge should not have to make comments on a verdict he had not ruled on. He should be as neutral as possible instead of siding with a party and especially humiliating a trial jury for their verdict that was still pending before him.
Conclusion
The judge in my opinion should be impeached. It doesn’t take a legal mind to understand that what he did was a miscarriage of justice. In fact, he should not have been the one to investigate the defense lawyers’ bribery allegation against the jury.
In this new dispensation, any wrong on the part of any justice, judge or magistrate and other court officials that has the tendency to miscarry justice, tamper with rule of law and infringe on the rights of others, especially during the search for justice should not be allowed to go free, but should be punished. This is why Judge Williams should be impeached for serving as pseudo jury and at the same time judge.
Monday, February 4, 2008
Nimba University Students, SG Gongloe Debate Koukou’s Release
…Koukou, Nimba Law Makers Gratifies With Pardon
By Bill K. Jarkloh
Although the Union of Nimba University Student Association (UNUSA) has issued a strong-worded statement demanding apology from President Ellen Johnson Sirleaf to Nimbaians for what they referred to as “humiliation” of their statesman in the absence of concrete evidence to support allegations brought against Mr. Koukou, Solicitor General Tiawon Gongloe refuted the demand, saying those who think that Koukou would go free if prosecuted are mistaken
Mr. Koukou himself and the Nimba Legislative Caucus instead, expressed gratitude to President Sirleaf for the gesture of pardon that released him from further detention.
Notwithstanding, the Nimba University Student Association maintains in their statement, “We therefore called on the President to publicly apologize to the people of Nimba, the family of Hon. George Koukou and Hon. George [himself] for the manner in which he was dehumanized for the alleged crime of treason.”
The student considered the position by the president to pardon former Speaker Koukou as “lack of Sincerity on the part of the government in engendering the judicial process as a cornerstone for development.”
Signed by the Association’s Secretary General Allen Paye and President Paye M. Toekpei, the UNUSA however welcomed the release of Mr. Koukou but added that it would have appreciated a free, speedy, exhaustive and expeditious pursuit of the legal process.
“Our organization remains cognizant of the rule of law and as such, condemns violence in whatever form,” the Nimba University Student Association indicated, saying, however that the government’s inability to exhaust the judicial process as against this latest action raised shadow of dark cloud as to the availability of circumstantial and substantial evidence in the prosecution of the former Speaker.
According to them, if reconciliation is truly the foundation for the Koukou’s freedom from further incarceration, then the government is challenged to become pragmatic regarding the entire process. Although they group of students didn’t not say the pragmatism referred to, one can reasonably be think that they may be calling for pardon for the rest of the others who were also charged with treason along with Mr. Koukou.
It expressed dismay that the government hasn’t been sincere in their thought, in engendering the judicial process as a cornerstone for development, and added, “Our development could become a charade if government fails to demonstrate the political will championing the judicial process and reconciliation.”
Invariably, the group is saying that the government’s granting of the freedom of Mr. Koukou is an out come of lack of evidence to prosecute the case.
But Solicitor General Tiawon Gongloe, who spoke on this same matter at the Temple of Justice says the government has overwhelming evidence to win prosecute and win the treason charges against former Speaker Koukou.
Cllr. Gongloe told the FrontPageAfrica’s Bill Jarkloh that those who think that Koukou would go free if prosecuted are mistaken. “Don’t they know that we have in our possession Email messages; when we tested them, the key to open the box as provided by the accused was Koukou’s own password. So who did he give the password key to plant these messages in his box?” Cllr. Gongloe reasoned.
He said, the President, as the head of government, has the option to pursue the case or not, saying that the President’s stance to pardon Mr. Koukou is a result of calls on her by relatives, friends, and well wishers of Koukou for the pardoning of the accused.
“She feels as a means of pushing reconciliation a step forward, she should order the justice Ministry to discontinue prosecution through the process of filling nullé prosequoi which most people are now referring to as clemency,” the Solicitor General indicated.
Asked what will be Government’s position if mr. Koukou would give a back kick of filing a damage suit against the government, Gongloe responded: “That is speculation, I don’t want to be speculative.”
Meanwhile, the former speaker of the defunct NTLA has welcomed his release from prison. Speaking Wednesday during a meeting with President Ellen Johnson Sirleaf, Mr. Koukou thanked the President for the gesture, describing his detention as an act of God, to help him reflect on his past life.
The former speaker also thanked the people of Nimba, the county’s Legislative Caucus and ordinary citizens for their moral support. Mr. Koukou revealed that he has left prison with a commitment to dedicating his life in the service of God. “I will not say what I did or did not do; that is all history; what I can say is that it’s time to move forward,” the former speaker emphasized.
By Bill K. Jarkloh
Although the Union of Nimba University Student Association (UNUSA) has issued a strong-worded statement demanding apology from President Ellen Johnson Sirleaf to Nimbaians for what they referred to as “humiliation” of their statesman in the absence of concrete evidence to support allegations brought against Mr. Koukou, Solicitor General Tiawon Gongloe refuted the demand, saying those who think that Koukou would go free if prosecuted are mistaken
Mr. Koukou himself and the Nimba Legislative Caucus instead, expressed gratitude to President Sirleaf for the gesture of pardon that released him from further detention.
Notwithstanding, the Nimba University Student Association maintains in their statement, “We therefore called on the President to publicly apologize to the people of Nimba, the family of Hon. George Koukou and Hon. George [himself] for the manner in which he was dehumanized for the alleged crime of treason.”
The student considered the position by the president to pardon former Speaker Koukou as “lack of Sincerity on the part of the government in engendering the judicial process as a cornerstone for development.”
Signed by the Association’s Secretary General Allen Paye and President Paye M. Toekpei, the UNUSA however welcomed the release of Mr. Koukou but added that it would have appreciated a free, speedy, exhaustive and expeditious pursuit of the legal process.
“Our organization remains cognizant of the rule of law and as such, condemns violence in whatever form,” the Nimba University Student Association indicated, saying, however that the government’s inability to exhaust the judicial process as against this latest action raised shadow of dark cloud as to the availability of circumstantial and substantial evidence in the prosecution of the former Speaker.
According to them, if reconciliation is truly the foundation for the Koukou’s freedom from further incarceration, then the government is challenged to become pragmatic regarding the entire process. Although they group of students didn’t not say the pragmatism referred to, one can reasonably be think that they may be calling for pardon for the rest of the others who were also charged with treason along with Mr. Koukou.
It expressed dismay that the government hasn’t been sincere in their thought, in engendering the judicial process as a cornerstone for development, and added, “Our development could become a charade if government fails to demonstrate the political will championing the judicial process and reconciliation.”
Invariably, the group is saying that the government’s granting of the freedom of Mr. Koukou is an out come of lack of evidence to prosecute the case.
But Solicitor General Tiawon Gongloe, who spoke on this same matter at the Temple of Justice says the government has overwhelming evidence to win prosecute and win the treason charges against former Speaker Koukou.
Cllr. Gongloe told the FrontPageAfrica’s Bill Jarkloh that those who think that Koukou would go free if prosecuted are mistaken. “Don’t they know that we have in our possession Email messages; when we tested them, the key to open the box as provided by the accused was Koukou’s own password. So who did he give the password key to plant these messages in his box?” Cllr. Gongloe reasoned.
He said, the President, as the head of government, has the option to pursue the case or not, saying that the President’s stance to pardon Mr. Koukou is a result of calls on her by relatives, friends, and well wishers of Koukou for the pardoning of the accused.
“She feels as a means of pushing reconciliation a step forward, she should order the justice Ministry to discontinue prosecution through the process of filling nullé prosequoi which most people are now referring to as clemency,” the Solicitor General indicated.
Asked what will be Government’s position if mr. Koukou would give a back kick of filing a damage suit against the government, Gongloe responded: “That is speculation, I don’t want to be speculative.”
Meanwhile, the former speaker of the defunct NTLA has welcomed his release from prison. Speaking Wednesday during a meeting with President Ellen Johnson Sirleaf, Mr. Koukou thanked the President for the gesture, describing his detention as an act of God, to help him reflect on his past life.
The former speaker also thanked the people of Nimba, the county’s Legislative Caucus and ordinary citizens for their moral support. Mr. Koukou revealed that he has left prison with a commitment to dedicating his life in the service of God. “I will not say what I did or did not do; that is all history; what I can say is that it’s time to move forward,” the former speaker emphasized.
"Prince Johnson Hits At TRC; Warns of Another War If …”
. . . Says Doe Wasn’t 1st President Killed
A former warlord and now Senator for Nimba County, Prince Yedou Johnson says he will resist any attempt to invite him to the public hearing of the Truth & Reconciliation Commission.
“I will resist with my physical body and my soul if I am invited to the TRC without any complaint by the family of the late Samuel Doe,” Senator Johnson told a news Conference late evening in Monrovia.
Johnson, a guerrilla fighter and a Commando trained in Libya, Johnson was reported to have earlier trained at the West Point Military Base in the United States where he ran from Liberia along with ‘Strongman” Lt/Gen. Thomas Quiwonkpa who and Doe fell out over the control of the Armed Forces of Liberia (AFL). Quiwonkpa was one of the ringleaders of the 17 enlisted men that toppled the True Whig Party regime.
General Johnson is also reported to have participated in the Nimba Raid and was very active in the Liberian civil war as a frontline commander, a field marshal and later leader of a breakaway faction from the mainstream NPFL, the INPFL, which responsible for the capture and killing of the embattled President, Samuel K. Doe.
Photo: Senator Prince Y. Johnson: Why They Not Start With Those That Killed President Tolbert?
Addressing journalists at his Capitol Building office last evening, the Nimba County lawmaker pointed out that he did not offend anyone during the war, and that the family of President Samuel Doe killed by his Independent national Patriotic Front of Liberia (INPFL) had reconciled with him in the church, saying that there was no need to call to the TRC in onnection with Doe’s killing.
‘Doe not the only President killed’
“Doe killed Tolbert and my faction killed Doe. If the TRC wants to hear the killing of Presidents, why shouldn’t they first start with those who killed President Tolbert and executed the 13 officials to testify before the TRC; the 13 men were civilians that should not have been tried by a military tribunal,” Senator Johnson, a retired Brigadier General of the Armed Forces of Liberia told the journalists.
Senator Johnson, who said he did not like how his name was being carried in the Liberian media since the inception of the TRC’s public hearing, furthered: “President Tolbert was a sitting Head of State when he was murdered in cold blood by Doe and his People’s Redemption Council. Some of those who killed President Tolbert are still alive, as well as those who killed the 13 government officials of the True Whig party-led administration.”
Responding to a reporter’s question, Johnson continued: “If the TRC is interested in the killers of sitting Liberian Presidents, Doe and his group should first appear before the TRC.” He said any attempt for the Commission to invite him to the public hearing forum would constitute what he called “witch-hunting”.
Johnson as commander of the INPFL was said to have been responsible for the killing of Cols. Larry Borteh, Swen Dixon, Roosevelt Sarvice, Youth & Sport Minister Fred Blay, a popular musical artist Tecumseh Roberts whom he accused as homosexual, his Special Forces Commando Moses Varney of his INPFL, according to sources who resided on the Bushrod Island which was controlled by Johnson’s faction.
“I will not appear unless…” - Johnson
"Prince Johnson, during the war, became the Rueben Hood of Liberia, victimizing the affluent for the properties and dashing it to the poor. His silver pistol was his power with which he disciplined his fighters," an eyewitness said on a local radio this morning. The caller on the radio wondered what if Johnson was called to the forum by families of some of these victims.
But Senator Johnson said he would appear only if called upon on account of complaint by Doe’s family. “I will appear before the body to explained circumstances in connection with the death of President Samuel Doe, unless the Doe Family indicts me,” General Johnson said. Johnson who presently chairs the Senate Committee on national Security and Defense criticized the TRC for “not doing its work effectively”.
Accusing the Public Relation Director of the TRC, Richmond Anderson, of castigating him during a TRC press conference, Senator Johnson noted that he wouldn’t appear before the TRC if it were a a court of law, because it has already convicted him even before trial.
“I am a sitting Senator. My people, the Nimba people, will resist any attempt by the TRC to forcibly have me appeared before it to explain circumstances in connection with Doe’s death.” According to him, explaining what the INPFL did to Doe would ignite another war between the peoples of Nimba and Grand Gedeh.
Prominent People Supported Killing of Doe
Johnson also named some prominent people that he said were involved in the capture and killing of Doe. He named former Interim President Dr. Amos Sawyer, the ailing Catholic Bishop Michael K. Francis, and some powerful western powers. “The death of Doe was planned amongst some powerful western countries and our politicians," he indicated. To prove this, he recounted, Doe was still a sitting President when Amos Sawyer, Bishop Roland Diggs and several others with support of those western countries formed the Interim Government of National, the IGNU (1990-1994) aimed at directly overthrowing Doe’s Government, Senator Johnson recalled.
He then pointed to Samuel Doe, Thomas Quiwonkpa, Thomas Wehsehn J. Nicholas Podier and others who, according to him, murdered President William V. S. Tubman as some others who have also killed sitting President.
In recent times, the Liberian media has been running stories that retired General Prince Johnson,the leader of the defunct INPFL, has said he will not appear before the TRC’s public hearing forum if he were called upon to do so. But the TRC as an institution issued a reaction to the reported assertion by Senator Johnson that he will not appear before the TRC, saying that he will be made to appear if he were to be called to face the public hearing.
But during his press conference last evening, Johnson said, “I never told any body that I will not appear before the TRC."
A former warlord and now Senator for Nimba County, Prince Yedou Johnson says he will resist any attempt to invite him to the public hearing of the Truth & Reconciliation Commission.
“I will resist with my physical body and my soul if I am invited to the TRC without any complaint by the family of the late Samuel Doe,” Senator Johnson told a news Conference late evening in Monrovia.
Johnson, a guerrilla fighter and a Commando trained in Libya, Johnson was reported to have earlier trained at the West Point Military Base in the United States where he ran from Liberia along with ‘Strongman” Lt/Gen. Thomas Quiwonkpa who and Doe fell out over the control of the Armed Forces of Liberia (AFL). Quiwonkpa was one of the ringleaders of the 17 enlisted men that toppled the True Whig Party regime.
General Johnson is also reported to have participated in the Nimba Raid and was very active in the Liberian civil war as a frontline commander, a field marshal and later leader of a breakaway faction from the mainstream NPFL, the INPFL, which responsible for the capture and killing of the embattled President, Samuel K. Doe.
Photo: Senator Prince Y. Johnson: Why They Not Start With Those That Killed President Tolbert?Addressing journalists at his Capitol Building office last evening, the Nimba County lawmaker pointed out that he did not offend anyone during the war, and that the family of President Samuel Doe killed by his Independent national Patriotic Front of Liberia (INPFL) had reconciled with him in the church, saying that there was no need to call to the TRC in onnection with Doe’s killing.
‘Doe not the only President killed’
“Doe killed Tolbert and my faction killed Doe. If the TRC wants to hear the killing of Presidents, why shouldn’t they first start with those who killed President Tolbert and executed the 13 officials to testify before the TRC; the 13 men were civilians that should not have been tried by a military tribunal,” Senator Johnson, a retired Brigadier General of the Armed Forces of Liberia told the journalists.
Senator Johnson, who said he did not like how his name was being carried in the Liberian media since the inception of the TRC’s public hearing, furthered: “President Tolbert was a sitting Head of State when he was murdered in cold blood by Doe and his People’s Redemption Council. Some of those who killed President Tolbert are still alive, as well as those who killed the 13 government officials of the True Whig party-led administration.”
Responding to a reporter’s question, Johnson continued: “If the TRC is interested in the killers of sitting Liberian Presidents, Doe and his group should first appear before the TRC.” He said any attempt for the Commission to invite him to the public hearing forum would constitute what he called “witch-hunting”.
Johnson as commander of the INPFL was said to have been responsible for the killing of Cols. Larry Borteh, Swen Dixon, Roosevelt Sarvice, Youth & Sport Minister Fred Blay, a popular musical artist Tecumseh Roberts whom he accused as homosexual, his Special Forces Commando Moses Varney of his INPFL, according to sources who resided on the Bushrod Island which was controlled by Johnson’s faction.
“I will not appear unless…” - Johnson
"Prince Johnson, during the war, became the Rueben Hood of Liberia, victimizing the affluent for the properties and dashing it to the poor. His silver pistol was his power with which he disciplined his fighters," an eyewitness said on a local radio this morning. The caller on the radio wondered what if Johnson was called to the forum by families of some of these victims.
But Senator Johnson said he would appear only if called upon on account of complaint by Doe’s family. “I will appear before the body to explained circumstances in connection with the death of President Samuel Doe, unless the Doe Family indicts me,” General Johnson said. Johnson who presently chairs the Senate Committee on national Security and Defense criticized the TRC for “not doing its work effectively”.
Accusing the Public Relation Director of the TRC, Richmond Anderson, of castigating him during a TRC press conference, Senator Johnson noted that he wouldn’t appear before the TRC if it were a a court of law, because it has already convicted him even before trial.
“I am a sitting Senator. My people, the Nimba people, will resist any attempt by the TRC to forcibly have me appeared before it to explain circumstances in connection with Doe’s death.” According to him, explaining what the INPFL did to Doe would ignite another war between the peoples of Nimba and Grand Gedeh.
Prominent People Supported Killing of Doe
Johnson also named some prominent people that he said were involved in the capture and killing of Doe. He named former Interim President Dr. Amos Sawyer, the ailing Catholic Bishop Michael K. Francis, and some powerful western powers. “The death of Doe was planned amongst some powerful western countries and our politicians," he indicated. To prove this, he recounted, Doe was still a sitting President when Amos Sawyer, Bishop Roland Diggs and several others with support of those western countries formed the Interim Government of National, the IGNU (1990-1994) aimed at directly overthrowing Doe’s Government, Senator Johnson recalled.
He then pointed to Samuel Doe, Thomas Quiwonkpa, Thomas Wehsehn J. Nicholas Podier and others who, according to him, murdered President William V. S. Tubman as some others who have also killed sitting President.
In recent times, the Liberian media has been running stories that retired General Prince Johnson,the leader of the defunct INPFL, has said he will not appear before the TRC’s public hearing forum if he were called upon to do so. But the TRC as an institution issued a reaction to the reported assertion by Senator Johnson that he will not appear before the TRC, saying that he will be made to appear if he were to be called to face the public hearing.
But during his press conference last evening, Johnson said, “I never told any body that I will not appear before the TRC."
Wednesday, January 30, 2008
"Guilty Verdict Must Be Respected" ---Solicitor General Gongloe; But Judge Says: “I Don’t Trust Jury”
By: Bill K. Jarkloh
In the wake of confusion attending the ‘Guilty Verdict’ brought against former Liberian Lieutenant-General Charles Julu and retired Colonel of the disbanded Armed Forces of Liberia (AFL), Andrew Dorbor, Solicitor General of Liberia Tiawon Gongloe says the verdict of the Jury must always be respected. Cllr. Gongloe pointed out that the jurors are judges of facts, and that their verdict is considered the result of what appeared in court during trial.
The Justice Ministry prosecutor spoke to journalists after a drama that attended the deriving of a guilty verdict against former Liberian Lieutenant-General Charles Julu and retired Colonel of the disbanded Armed Forces of Liberia (AFL), Andrew Dorbor. The both men were accused by the state of plotting to subvert the Government of Liberia and were subsequent indicted on treason charges.
Cllr. Gongloe indicated that unless it is proven that the judges of facts were bribe; the guilty verdict remains the outcome of the case for now. “If they were bribe, why did the defense counsel and/or judge waited until after their verdict?” Cllr. Gongloe asked.
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He maintained that the state is not the custodian of the sequestrated panel of jurors that have determined the verdict. “The Jury is in the custody of the Court, and the State lawyers have nothing to do with them,” he explained. He further explained that their feeding and everything is channeled through the court by the Supreme Court which is the senior most administrator of the Judiciary of which the Jury is a party.
The Justice Ministry senior prosecutor however vowed to prosecute anyone connected to the bribery allegation, including the Jury, if the allegations were proven to be true.
Koukou wasn’t given Clemency
On the pardoning of another treason accused, George Koukou, Cllr. Gongloe said reports in the Liberian media considering pardon an executive clemency the President had granted the former Speaker, Cllr. Gongloe said the reports were in correct. He told this reporter at the Temple of Justice that the President has just ordered the Ministry of Justice to enter a nullé prosequoi to drop the case against Koukou, and not a clemency. Clemency, he said, is accorded someone who was already tried and convicted.
He said the President decided to drop the case based on a number of appeals from friends, relatives and others in favor of Koukou, saying that freeing Koukou is a step towards reconciliation. On while the reconciliation could not cover Julu and Dorbor, he said their case was already at a logical conclusion, and it was prudent to end the case so as to know convince those critics who thought Government didn’t have a case.
On whether the Government will feel defeated if the verdict was to be “not guilty, he responded in the negative. “Guilty of not guilty” the outcome of this treason trial will mean that the judiciary is independent and it will mean a victory to government. You know that in the past, people complained that the court system is not independent, so a not guilty verdict will show that this Government isn’t in the business of influencing court decision, while a guilty verdict would mean that the prosecution has worked well.”
According to Cllr. Gongloe, the Government has won most of its cases, even at the Supreme Court level and around other courts in and outside Monrovia.
‘State tampered with the Jury’ – Defense Lawyers

Meanwhile, Republic of Liberia versus Charles Julue and Andrew Dorbor treason trial has concluded at the Criminal Court “A” with a chaotic guilty verdict that sent the court into utter confusion after the empanelled jury was accused of receiving bribe from state prosecutors.
As our Monrovia correspondent who was at the court described the situation, the entire courtroom was earlier quiet when the Clerk of Court read a guilty verdict issued the court in a sealed envelope. Soon after the reading of the “guilty verdict” and the clerk of court confronted individual jurors who confirmed that the verdict was unanimous, Cllr. Joseph Constant, a prosecutor, requested the Court to discharge the jury.
In reaction to the motion requesting the Court to discharge the Jury, the lead defense lawyer, Cllr. T. Dempster sprang on his feet and accused the Jury of being tampered with. “Your Honor, the defendants say that the jury was tampered with. Defense further says that it has information that that by 8: Am this morning, County Attorney Samuel Jacobs came to ground of the Temple of Justice and promise each of the jurors $800.00.”
Cllr. Brown balked back to the his seat for consultation with other defense lawyers including Attorney Saymah Syrenus Cephus, Lofen Kanneh and Idris Sheriff who were consistently whispering in his ear, took the floor again with his gown swinging like a pendulum as he frowned at the jury, said “Your Honor! The County Attorney also admitted that he came to this building 12: mid night when every lawyer was asked to keep off this area after normal working hours.”
“This admittance by the County Attorney that he entered this building at 12:00 midnight is clear indication that he has tampered with the jury,” Cllr. Brown exclaimed, saying, “So Your Honor, defense says it is calling for full investigation, and that the Jurors should be incarcerated until these allegations are proven otherwise.”

At this point of the apprehensive and jammed packed courtroom, Prosecutor Constant tried to crack a joke with Cllr. Brown by touching him. “Don’t touch me! Don’t touch me I say!” Cllr. Brown reacted as the prosecutor chided the lead defense lawyer to the
Court: “You are behaving unprofessional. I cannot take court problem for my client to heart like he is taking it, Your Honor,”
Defense Counselor Brown didn’t mine, he continued to insist that the state has tampered with the jury. “Shut up, you shit,” County Attorney Jacobs demanded of Cllr. Brown who replied: “Don’t call me shit!” “You are shit! You think you will win all the cases? You
will prove these allegations; if you don’t prove them, I will lock you up,” Attorney Jacobs who was by now on his feet threatened as Judge Charles Williams and the
Sheriff of the Court were busy pounding their desks with gavels while the “boohoo, boohoo” across the courtroom echoed.
State lawyer attempted Bribe? From this, the chaos even intensified when the judge began to comment on the response by the defense lead Counsel Brown. “The allegations by the defense are well noted. They are very serious allegation. Serious because, I remembered that before the Christmas, the County Attorney told me that the Government was contemplating on giving the juror Christmas bonus of $150. After this, I called the jurors to my office and advised them that any attempt to receive the amount will be considered a bribe,” Judge Williams said.
‘Ms. Watson told me she’s Reverend But…’ – Judge Williams
With the entire court by then uncontrollable, Judge Williams continued, “First of all I told them I don’t trust them [the Jury]. Ms. Watson [that was how she addressed the forelady of the Jury] told me she’s a reverend, but her action told me that she is not a reverend. She told me any money given to them they would eat it and do the right thing.”
According to the Judge, a prosecutor, Cllr. Constant who he told about this attempt to bribe told him to investigate it because it was a serious allegation, “Then I said – to me this case is being followed by the whole world. Unless they have no conscience, the will do vise visa.”
The Judge the ordered journalists to take the photos of the Jurors, a situation with made the case more disorganized with chanting and shouting while the entire jury started to heap queries on the Judge. By then Journalists were busy taking photographs of every scene, while the defendants were conspicuously inviting cameras as though they have scored a victory.
With every one was in complete disorder in the noisy courtroom, the judge could not apparently rule on the chaotic “guilty verdict” and he was seen piloted to his pickup by UNMIL and Liberia police. Seated on steering with aggressive journalists fishing for his comment through the window, Judge Williams said, “As far as I am concerned, there is no evidence to warrant guilty verdict.”

He had earlier charged the jury that that there wasn’t evidence that Col. Andrew Dorbor was arrested by the Ivorian security as alleged by the state, saying that any slightest doubt in the case of law a should operate in the interest of defendants. The prosecution although reacted to His Honor’s charge, the trend of the case was a source of diverse opinions amongst journalist during of court that was intended for the jury to derive the verdict.
Charge of Court was to help defendants Quizzed on what he made of what transpired at the court, Prosecuting Counsel Joseph Constant said: “Why did the judge wait all this while until the verdict, if he did not trust the jury?” Cllr. Constant explained to this writer that the charge of the judge was intended to help defendants out. “The judge was on the defendants’ side. I believe he has known them long ago,” he said.
The Prosecuting lawyer explained that the Judge has the right to set the verdict aside and called for new trial, “and equally the prosecution, if not satisfied, has the right to call for new trial.” Cllr. Constant furthered that the jurors can not be incarcerated in keeping with law, as demanded by defense. He indicated that this can only happen if there is an investigation that established that they are guilty.

Asked whether prosecution intends to take defense to Supreme Court in view of the unfolding development, the aging lawyer said, “There is no ground for prosecution’s appeal to the supreme court.” He said prosecution can only seek remedy at the Supreme Court on the basis of motion to arrest judgment or on the ground of motion to pass judgment.”
Meanwhile, the families and well wishers of the defendants see the Tuesday development at the Court as a victory for defendants Julue and Dorbor. “Our God we serve will fight our case. He should go back to prison without fear. You will one day come home,” the wife of General Charles Julue said amidst songs of praises to God at the front of the Temple of Justice facing the Executive Mansion.
General Julue and Andrew Dorbor were accused of treason for allegedly plotting to overthrow the Ellen Johnson-Sirleaf Government. The arrested along with former Speaker George Koukou, who was released yesterday following a presidential pardon in the name of reconciliation.
My Opinion:
Conduct an Impartial Probe of Allegations
Against the Jurors
By: Bill K. Jarkloh
AT THE END of Ellen Johnson-Sirleaf Administration’s first treason trial, a controversial “guilty verdict” has set the Criminal Court “A” room ablaze with confusion amongst prosecution, defendants and the well-wishers of the two accused with treason, former Armed Forces of Liberia (AFL) Lieutenant General Charles Julu and retired Col. Andrew Dorbor. The confusion that engulfed the court although started with allegation of bribery against the empanelled jury that derived the guilty verdict by defense lawyer T. Dempster Brown who called for investigation of the very allegation, the insinuation by the judge that the suspicion by the defendant was true has added more tension to the chaotic situation at the courtroom.
REACTING TO A motion by the prosecution requesting the Court to discharge the Jury, the lead defense lawyer, Cllr. Brown accused the Jury of being tampered with. He said that that defense has information that by 8: Am Tuesday this morning, County Attorney Samuel Jacobs came to ground of the Temple of Justice and promised each of the jurors $800.00. The defense lawyer narrated to the court that the County Attorney also admitted that he came to this building 12: midnight when every lawyer was asked to keep off this area after normal working hours. He indicated, “This admittance by the County Attorney that he entered this building at 12:00 midnight is clear indication that he has tampered with the jury.” He then called for full investigation, and asked that the Jurors should be incarcerated until these allegations are proven otherwise.
THIS WAS THE beginning of a chaotic courtroom. The chaos even intensified when the aging Judge, His Honor, Charles William began to comment on the allegation by the defense lead Counsel Brown. He claimed that are very serious allegation. Serious because he remembered the County Attorney told him that the Government was contemplating on giving the jurors Christmas bonuses of $150 each. According to Judge William, he called the jurors into his office and advised them against any attempt to receive the amount, which he noted would be considered a bribe.
TO THE SURPRISE of jurists and other legal minded people, the judge who supposed to remain neutral crowned his attestation to the defendants’ allegation in the absence of forensic or judicial investigation and addressed the forelady of the Jury as being unchristian. “First of all I told them I don’t trust them [the Jury]. Ms. Watson [that was how she addressed the forelady of the Jury] told me she’s a reverend, but her action told me that she is not a reverend. She told me any money given to them; they would eat it and do the right thing.” From every indication, the Judge’s belief of “the right thing” the jury should do was to acquit the defendants. If this is so, the judge was then not acting neutral as it was required of him. For us, such statement by the judge threw into question his neutrality and impedes his ability to conduct impartial investigation and to render independent judgment into the bribery allegation against the jurors.
THIS OBSERVATION IS even more supported by the Judge’s statement that “As far as I am concerned, there is no evidence to warrant guilty verdict.” A gain, such statement in the absence of the court’s ruling on the jury’s verdict is understood to be an undermining instrument of the judge’s pending ruling which could confirm the verdict or set it aside for a new trial. Elementarily, it is clear that Judge Williams is to set him self aside from the Julu and Dorbor trial if there should be a retrial of the treason case. This is because he acted so fast than a judge should do. While as a judge he is required to give a legal opinion on the verdict, the timing is the problem that would haunt him. A judge that would set a verdict aside would exercise restraint until his ruling is made, at which time he would have pointed out the relevant laws supporting the ruling instead of making statements that would agitate tension in open court.
APPARENTLY IT’S AGAINST this backdrop that prosecutor Joseph Constant believe that the judge’s conduct – especially relative to his charge of the Jury was one sided, and was intended to help defendants that he may have known for a long time as friends out of the treason charges by government. Consequent to the foregoing, I am therefore prompted to call for an impartial investigation of the bribery case against the jury for an independent judgment that will affirm the integrity of the court and their judges, especially Judge Charles William. Above all, Judge Williams knows that the verdict of the jury as judges of facts must be respected, just as his ruling as judge of the law must equally be respected. It was there wrong for the trial judge to heap bribery allegation against the sequestrated jury, which has been the custody of his court, especially when neither the defense nor he raise these allegations until at such time the jury pronounced a unanimous guilty verdict.
In the wake of confusion attending the ‘Guilty Verdict’ brought against former Liberian Lieutenant-General Charles Julu and retired Colonel of the disbanded Armed Forces of Liberia (AFL), Andrew Dorbor, Solicitor General of Liberia Tiawon Gongloe says the verdict of the Jury must always be respected. Cllr. Gongloe pointed out that the jurors are judges of facts, and that their verdict is considered the result of what appeared in court during trial.
The Justice Ministry prosecutor spoke to journalists after a drama that attended the deriving of a guilty verdict against former Liberian Lieutenant-General Charles Julu and retired Colonel of the disbanded Armed Forces of Liberia (AFL), Andrew Dorbor. The both men were accused by the state of plotting to subvert the Government of Liberia and were subsequent indicted on treason charges.
Cllr. Gongloe indicated that unless it is proven that the judges of facts were bribe; the guilty verdict remains the outcome of the case for now. “If they were bribe, why did the defense counsel and/or judge waited until after their verdict?” Cllr. Gongloe asked.
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He maintained that the state is not the custodian of the sequestrated panel of jurors that have determined the verdict. “The Jury is in the custody of the Court, and the State lawyers have nothing to do with them,” he explained. He further explained that their feeding and everything is channeled through the court by the Supreme Court which is the senior most administrator of the Judiciary of which the Jury is a party.
The Justice Ministry senior prosecutor however vowed to prosecute anyone connected to the bribery allegation, including the Jury, if the allegations were proven to be true.
Koukou wasn’t given Clemency
On the pardoning of another treason accused, George Koukou, Cllr. Gongloe said reports in the Liberian media considering pardon an executive clemency the President had granted the former Speaker, Cllr. Gongloe said the reports were in correct. He told this reporter at the Temple of Justice that the President has just ordered the Ministry of Justice to enter a nullé prosequoi to drop the case against Koukou, and not a clemency. Clemency, he said, is accorded someone who was already tried and convicted.
He said the President decided to drop the case based on a number of appeals from friends, relatives and others in favor of Koukou, saying that freeing Koukou is a step towards reconciliation. On while the reconciliation could not cover Julu and Dorbor, he said their case was already at a logical conclusion, and it was prudent to end the case so as to know convince those critics who thought Government didn’t have a case.
On whether the Government will feel defeated if the verdict was to be “not guilty, he responded in the negative. “Guilty of not guilty” the outcome of this treason trial will mean that the judiciary is independent and it will mean a victory to government. You know that in the past, people complained that the court system is not independent, so a not guilty verdict will show that this Government isn’t in the business of influencing court decision, while a guilty verdict would mean that the prosecution has worked well.”
According to Cllr. Gongloe, the Government has won most of its cases, even at the Supreme Court level and around other courts in and outside Monrovia.
‘State tampered with the Jury’ – Defense Lawyers

Meanwhile, Republic of Liberia versus Charles Julue and Andrew Dorbor treason trial has concluded at the Criminal Court “A” with a chaotic guilty verdict that sent the court into utter confusion after the empanelled jury was accused of receiving bribe from state prosecutors.
As our Monrovia correspondent who was at the court described the situation, the entire courtroom was earlier quiet when the Clerk of Court read a guilty verdict issued the court in a sealed envelope. Soon after the reading of the “guilty verdict” and the clerk of court confronted individual jurors who confirmed that the verdict was unanimous, Cllr. Joseph Constant, a prosecutor, requested the Court to discharge the jury.
In reaction to the motion requesting the Court to discharge the Jury, the lead defense lawyer, Cllr. T. Dempster sprang on his feet and accused the Jury of being tampered with. “Your Honor, the defendants say that the jury was tampered with. Defense further says that it has information that that by 8: Am this morning, County Attorney Samuel Jacobs came to ground of the Temple of Justice and promise each of the jurors $800.00.”
Cllr. Brown balked back to the his seat for consultation with other defense lawyers including Attorney Saymah Syrenus Cephus, Lofen Kanneh and Idris Sheriff who were consistently whispering in his ear, took the floor again with his gown swinging like a pendulum as he frowned at the jury, said “Your Honor! The County Attorney also admitted that he came to this building 12: mid night when every lawyer was asked to keep off this area after normal working hours.”
“This admittance by the County Attorney that he entered this building at 12:00 midnight is clear indication that he has tampered with the jury,” Cllr. Brown exclaimed, saying, “So Your Honor, defense says it is calling for full investigation, and that the Jurors should be incarcerated until these allegations are proven otherwise.”

At this point of the apprehensive and jammed packed courtroom, Prosecutor Constant tried to crack a joke with Cllr. Brown by touching him. “Don’t touch me! Don’t touch me I say!” Cllr. Brown reacted as the prosecutor chided the lead defense lawyer to the
Court: “You are behaving unprofessional. I cannot take court problem for my client to heart like he is taking it, Your Honor,”
Defense Counselor Brown didn’t mine, he continued to insist that the state has tampered with the jury. “Shut up, you shit,” County Attorney Jacobs demanded of Cllr. Brown who replied: “Don’t call me shit!” “You are shit! You think you will win all the cases? You
will prove these allegations; if you don’t prove them, I will lock you up,” Attorney Jacobs who was by now on his feet threatened as Judge Charles Williams and the
Sheriff of the Court were busy pounding their desks with gavels while the “boohoo, boohoo” across the courtroom echoed.
State lawyer attempted Bribe? From this, the chaos even intensified when the judge began to comment on the response by the defense lead Counsel Brown. “The allegations by the defense are well noted. They are very serious allegation. Serious because, I remembered that before the Christmas, the County Attorney told me that the Government was contemplating on giving the juror Christmas bonus of $150. After this, I called the jurors to my office and advised them that any attempt to receive the amount will be considered a bribe,” Judge Williams said.
‘Ms. Watson told me she’s Reverend But…’ – Judge Williams
With the entire court by then uncontrollable, Judge Williams continued, “First of all I told them I don’t trust them [the Jury]. Ms. Watson [that was how she addressed the forelady of the Jury] told me she’s a reverend, but her action told me that she is not a reverend. She told me any money given to them they would eat it and do the right thing.”
According to the Judge, a prosecutor, Cllr. Constant who he told about this attempt to bribe told him to investigate it because it was a serious allegation, “Then I said – to me this case is being followed by the whole world. Unless they have no conscience, the will do vise visa.”
The Judge the ordered journalists to take the photos of the Jurors, a situation with made the case more disorganized with chanting and shouting while the entire jury started to heap queries on the Judge. By then Journalists were busy taking photographs of every scene, while the defendants were conspicuously inviting cameras as though they have scored a victory.
With every one was in complete disorder in the noisy courtroom, the judge could not apparently rule on the chaotic “guilty verdict” and he was seen piloted to his pickup by UNMIL and Liberia police. Seated on steering with aggressive journalists fishing for his comment through the window, Judge Williams said, “As far as I am concerned, there is no evidence to warrant guilty verdict.”

He had earlier charged the jury that that there wasn’t evidence that Col. Andrew Dorbor was arrested by the Ivorian security as alleged by the state, saying that any slightest doubt in the case of law a should operate in the interest of defendants. The prosecution although reacted to His Honor’s charge, the trend of the case was a source of diverse opinions amongst journalist during of court that was intended for the jury to derive the verdict.
Charge of Court was to help defendants Quizzed on what he made of what transpired at the court, Prosecuting Counsel Joseph Constant said: “Why did the judge wait all this while until the verdict, if he did not trust the jury?” Cllr. Constant explained to this writer that the charge of the judge was intended to help defendants out. “The judge was on the defendants’ side. I believe he has known them long ago,” he said.
The Prosecuting lawyer explained that the Judge has the right to set the verdict aside and called for new trial, “and equally the prosecution, if not satisfied, has the right to call for new trial.” Cllr. Constant furthered that the jurors can not be incarcerated in keeping with law, as demanded by defense. He indicated that this can only happen if there is an investigation that established that they are guilty.

Asked whether prosecution intends to take defense to Supreme Court in view of the unfolding development, the aging lawyer said, “There is no ground for prosecution’s appeal to the supreme court.” He said prosecution can only seek remedy at the Supreme Court on the basis of motion to arrest judgment or on the ground of motion to pass judgment.”
Meanwhile, the families and well wishers of the defendants see the Tuesday development at the Court as a victory for defendants Julue and Dorbor. “Our God we serve will fight our case. He should go back to prison without fear. You will one day come home,” the wife of General Charles Julue said amidst songs of praises to God at the front of the Temple of Justice facing the Executive Mansion.
General Julue and Andrew Dorbor were accused of treason for allegedly plotting to overthrow the Ellen Johnson-Sirleaf Government. The arrested along with former Speaker George Koukou, who was released yesterday following a presidential pardon in the name of reconciliation.
My Opinion:
Conduct an Impartial Probe of Allegations
Against the Jurors
By: Bill K. Jarkloh
AT THE END of Ellen Johnson-Sirleaf Administration’s first treason trial, a controversial “guilty verdict” has set the Criminal Court “A” room ablaze with confusion amongst prosecution, defendants and the well-wishers of the two accused with treason, former Armed Forces of Liberia (AFL) Lieutenant General Charles Julu and retired Col. Andrew Dorbor. The confusion that engulfed the court although started with allegation of bribery against the empanelled jury that derived the guilty verdict by defense lawyer T. Dempster Brown who called for investigation of the very allegation, the insinuation by the judge that the suspicion by the defendant was true has added more tension to the chaotic situation at the courtroom.
REACTING TO A motion by the prosecution requesting the Court to discharge the Jury, the lead defense lawyer, Cllr. Brown accused the Jury of being tampered with. He said that that defense has information that by 8: Am Tuesday this morning, County Attorney Samuel Jacobs came to ground of the Temple of Justice and promised each of the jurors $800.00. The defense lawyer narrated to the court that the County Attorney also admitted that he came to this building 12: midnight when every lawyer was asked to keep off this area after normal working hours. He indicated, “This admittance by the County Attorney that he entered this building at 12:00 midnight is clear indication that he has tampered with the jury.” He then called for full investigation, and asked that the Jurors should be incarcerated until these allegations are proven otherwise.
THIS WAS THE beginning of a chaotic courtroom. The chaos even intensified when the aging Judge, His Honor, Charles William began to comment on the allegation by the defense lead Counsel Brown. He claimed that are very serious allegation. Serious because he remembered the County Attorney told him that the Government was contemplating on giving the jurors Christmas bonuses of $150 each. According to Judge William, he called the jurors into his office and advised them against any attempt to receive the amount, which he noted would be considered a bribe.
TO THE SURPRISE of jurists and other legal minded people, the judge who supposed to remain neutral crowned his attestation to the defendants’ allegation in the absence of forensic or judicial investigation and addressed the forelady of the Jury as being unchristian. “First of all I told them I don’t trust them [the Jury]. Ms. Watson [that was how she addressed the forelady of the Jury] told me she’s a reverend, but her action told me that she is not a reverend. She told me any money given to them; they would eat it and do the right thing.” From every indication, the Judge’s belief of “the right thing” the jury should do was to acquit the defendants. If this is so, the judge was then not acting neutral as it was required of him. For us, such statement by the judge threw into question his neutrality and impedes his ability to conduct impartial investigation and to render independent judgment into the bribery allegation against the jurors.
THIS OBSERVATION IS even more supported by the Judge’s statement that “As far as I am concerned, there is no evidence to warrant guilty verdict.” A gain, such statement in the absence of the court’s ruling on the jury’s verdict is understood to be an undermining instrument of the judge’s pending ruling which could confirm the verdict or set it aside for a new trial. Elementarily, it is clear that Judge Williams is to set him self aside from the Julu and Dorbor trial if there should be a retrial of the treason case. This is because he acted so fast than a judge should do. While as a judge he is required to give a legal opinion on the verdict, the timing is the problem that would haunt him. A judge that would set a verdict aside would exercise restraint until his ruling is made, at which time he would have pointed out the relevant laws supporting the ruling instead of making statements that would agitate tension in open court.
APPARENTLY IT’S AGAINST this backdrop that prosecutor Joseph Constant believe that the judge’s conduct – especially relative to his charge of the Jury was one sided, and was intended to help defendants that he may have known for a long time as friends out of the treason charges by government. Consequent to the foregoing, I am therefore prompted to call for an impartial investigation of the bribery case against the jury for an independent judgment that will affirm the integrity of the court and their judges, especially Judge Charles William. Above all, Judge Williams knows that the verdict of the jury as judges of facts must be respected, just as his ruling as judge of the law must equally be respected. It was there wrong for the trial judge to heap bribery allegation against the sequestrated jury, which has been the custody of his court, especially when neither the defense nor he raise these allegations until at such time the jury pronounced a unanimous guilty verdict.
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