Monrovia – The 2018 May term of court is ongoing as the task seems weighty on Liberia’s Solicitor General, who is also acting as County Attorney for Liberia’s most populated and crime-prone Montserrado County.
Report by Bettie Johnson-Mbayo, [email protected]
President George Weah is dragging his feet to name the next county attorneys for the 15 counties.
Section 22.12 of the Executive law provides that the President shall appoint for each county, territory or chartered district an attorney who shall be the local representative of the Ministry of Justice.
The law states that the county attorney is to conduct all civil and criminal actions in his jurisdiction to which the Republic is a party; (b) Exercise vigilance in locating all property subject to escheat and prosecute all claims of the Government relating to such property; (c) Perform such other duties as may be assigned to him by the Minister of Justice.
For Montserrado County, three names have popped up for the post: Cllr. David Woah, Cllr. Edwin Martin and Atty. Molley Gray.
They are currently been vetted to replace former County Attorney and now Solicitor General, Cllr. Daku Mulbah.
Currently, Cllr. Mulbah works simultaneously at the Ministry of Justice and the Temple of Justice – performing the roles of a solicitor general and a county attorney.
Cllr. Gets Green Light
Sources have tipped Cllr. David Woah as the favorite to replace Cllr. Mulbah as the next Montserrado County Attorney due to the long-standing working relationship the pair enjoyed while they served as County Attorneys.
Woah is currently on a five-year contract with the Ministry of Justice, serving as prosecutor after he served as public defender for several years within the Judiciary.
He claims to have no knowledge of his chances for the position, but disclosed he has been asked to work along with the solicitor General.
“I don’t know anything – that I am about to be appointed but I was told by the County Attorney now Solicitor General that he would like me to assist him with the prosecution of cases,” Woah said.
“Whatever it is, I will love to help him but again he is not the President of Liberia and the appointment power is with the president.”
He continued: “I’ve been prosecuting for government cases for the past years. Firstly, I got employed with Defense – working as public defense lawyer – then I resigned and the prosecutors took me in as a contractor prosecutor and I’ve being serving them nearly five years and I still have my contract that will be ending by June of this year.”
Cllr. Woah named several cases that he successfully prosecuted including the case of Anthony Kassabli, who was arrested and tried in connection with human trafficking, migrant smuggling, simple assault, and felonious restraint.
He also mentioned the mercenary trial involving Grand Gedeans, who were accused of fighting in the Ivory Coast civil war and were tried and sentenced to life imprisonment; and another case involving steel company, ArcelorMittal.
Woah bragged to journalist that he won all of the aforementioned cases.
“I am not fighting for the position because even if I am not appointed I can still help the state in other ways,” he said.
“Well if I am named, I wouldn’t say no, but if not, I will still have to serve the government, if those who are working at the Ministry of Justice have the confidence in me to do so in any capacity not only as county attorney.”
Woah is a research lawyer and has partnered with deceased Cllr. Theophilus Gould, popular human rights laywer Cllr. Tiawon Gonloe.
Legal pundits say, he has broken links and limited his clients since serving as a prosecutor. They claim he already knows the function of a county attorney.
“Woah has handled both civil and criminal cases since he is not an employee of the Ministry of Justice and has vested knowledge in criminal law,” one lawyer said.
Records from the Louis Arthur Grimes School of law show that he graduated 2007/2008 after obtaining a Bachelor of Science.
Atty.Gray: The Chosen One
Meanwhile, other sources have told FrontPage Africa that Atty. Molley Gray is the chosen one as he brags about his connections to the CDC-led government.
Gray has been congratulated, according to some sources, although the President is yet to name him as County Attorney to replace Cllr. Mulbah.
“Atty. Gray and Cllr. Mulbah cannot be compared,” said one prosecutor, who asked for anonymity on grounds that he is a magisterial court lawyer and not a circuit court lawyer to speak publically on the issue.
FPA has also established that Gray is a regular magisterial court lawyer, who settles disputes between parties and file bonds to release clients from prisoner bench.
There are no records in Circuit, specialized courts or Criminal courts showing that a legal brief has been signed or filed by him as compare to magisterial courts where he signed and filed several bail bonds.
Responding to news of his preferment, Atty. Gray said he has no knowledge that he is being vetted.
“Well, people tell me congratulations but law doesn’t work as rumor; it must be real,” he said, adding that being a County Attorney is not a difficult task for him and that he has the qualifications to land the job.
“The criteria are you should be a lawyer. I am a lawyer; I have the experience. You should be forceful and I have those qualities; I am capable of being government prosecutor.”
He added that he has served as defense lawyer in criminal cases, but when asked which court , he responded, “I can’t recalled which court but I am a criminal defense lawyer.”
“I have over the period of time worked as defense lawyer on several cases such as RL Vs. Alphonso and RL Vs. Cyrus Tweh,” he said.
However, Cllr. Thomas Dahn argues that Atty. Gray has no history of practicing criminal law in any circuit courts, which includes Courts A, B, C, D and E.
Atty. Gray, a 2011 graduate of the Louis Arthur Grimes School of Law, said he usually do plea- bargain, negotiation, mediation and arbitration process to have closure to the matter.
On his appearance at magisterial courts and not circuit, Gary responde: “That’s true, I am a court room lawyer; I belong in the court. Most times early morning hours I am around the court, and sometimes I am doing research and studies at my office.”
When asked on the comparison between Cllr. Mulbah and him, Atty. Gray argues that each lawyer has his/ her quality.
“I like criminal law, joining prosecution we will deliver and one good thing is coming from the private sector and going to the public sector is good because my name précised me and I am favor and the possible candidate for this position.”
Observers say if Atty. Gray is appointed he will not appear before the Supreme Court because he is a not a counselor-at law as provided by the laws of the high court.
During the past regime, in the absence of former Solicitor General Betty Lamin-Blamo, Cllr. Mulbah appeared before the high court defending arguments and submitting legal briefs on behalf of prosecutions.
Cllr. Cyrenius Cephus’ Factor Favors Cllr. Martin
Another person in the fray for the job is Cllr. Edwin Martin. Cllr. Martin is the co-founder of Justice and public interest consortium (JUPICA), owned by Cllr. Saymah Cyrenius Cephus, now Deputy Agriculture Minister, Regional Development, Research and extension.
Cllr. Martin is a 2009/2010 graduate of the Louis Arthur Grimes School of law.
Observers say his close ties with Cllr. Cephus, who served as Vice Chairman for Legal Affairs of the ruling party, give him some leverage ahead of the other two candidates.
Martin, however, declined to comment on news about his name being on the list on the President desk for the top legal post, saying, “I am not in the mood to respond”.
Cllrs. Cephus and Martin represented Sable Mining as Defense lawyers for Andrew Groves, who charges have been dropped to serve as state witness against former and current government officials in the protracted case.
Cllr. Martin is barely seeing in criminal courts as compare to civil, magisterial and specialized courts.
He also contested the 2017 representative election for a seat in Maryland County where was beaten.
Meanwhile, as President Weah ponders his next move in naming the Montserrado County Attorney, the May term of court is slowly elapsing and indictments and legal briefs are made and signed by Cllr. Mulbah as Solicitor General and County Attorney respectively – which is overwhelming for one man.