Kennedy L. Yangian [email protected]
Monrovia-When the Government of Liberia commenced the restructuring process of the Armed Forces of Liberia as provided for in the Accra Comprehensive Peace Accord-an agreement that brought peace to Liberia, the hopes of energetic and capable Liberians were high that the national army was at the verge of returning to its prewar status where attractive incentives and other opportunities were easily available to soldiers.
When it was even widely heard that the United States Government was helping to train the army along with other powerful countries, hundreds of Liberians trooped to the Barclay Training Center (BTC) where the recruitment process was taking place to get recruited into the new army.
In 2005, the United States provided funding for DynCorp International and Pacific Architects & Engineers, private military contractors, to train a new 4,000-man Liberian military. DynCorp was made responsible for individual training and PA&E unit training.
Many left on the wayside and those who managed to pass the physical examination and other strong screening processes, were seen as those that reached the ‘Promised Land’.
In June–July 2005 the projected force strength was reduced to 2000 men. DynCorp and the U.S. Embassy scrutinized the personnel for the new armed forces thoroughly. Recruits had to pass a literacy test, an aptitude test, a drug test and an HIV test, and their names and faces were put on posters which were distributed to try to make sure none have a history of war crimes or other human rights violations.
Few years later, the Army had undergone training and with help from the US, Britain, China and other countries, the soldiers had the opportunity to have both local and international trainings.
The budget for the training of the Liberian army surpassed half a billion dollar with the United States alone announcing over US$500 million in support to the training process apart from the help of China, Nigeria, and other countries. But in the past few years the budget for the military has taken a bite due to budgetary cuts.
After the completion of the training process, the Government of Liberia officially took over the army but it seems the hopes of these Liberians who zealously joined the army have been tattered with reports of many abandoning the army in search of better living standard.
At the main military Barrack, the Edward B. Kessely Barracks, a large segment of the barrack hardly get electricity and enlisted men have to sleep two in a small bedroom, all adding to the harsh living conditions at the barrack.
Salaries and other incentives are so low and the conditions not feasible for soldiers to have the opportunity to continue their advancement through enrollment in schools according to some soldiers who spoke to FrontPageAfrica on the basis of anonymity.
The prevailing situation in the army is contributing to some soldiers defecting from the force but one of these soldiers now finds his exit becoming a long nightmare as he now has to settle for harsh punishment including long time in prison.
Sergeant Melvin Tolbert resigned from the army saying he wanted to seek medical treatment aboard but his pronounced departure has led him to trouble where he was first detained at the barrack prompting his lawyers to file a Wirt of Habeas Corpus against the Ministry of National Defense.
One hundred days in prison
Tolbert living body was later produced in court where the Supreme Court ordered him back to prison until further proceedings but FrontPageAfrica has gathered that an administrative board set up by the authority of the Ministry of Defense to probe Tolbert, for Absence Without Leave (AWOL) has sentenced him to 100 days behind bars.
Family sources told FPA Tuesday that Tolbert, who is reportedly languishing behind bars at the EBK Barrack, was tried and sentenced in absentia by a two member administrative board headed by Gabriel Tarold and assisted by Clarence Brewer.
“The AFL has initially charged Melvin with desertion and was tried yesterday in his absence by the administrative board and sentenced to 100 days when the case against him is pending at the Supreme Court awaiting determination,” said a family member who asked to remain anonymous.
Tolbert, who is a Sergeant in the military, was reportedly arrested and detained on May 31, 2016 for AWOL by the Ministry of Defense.
Tolbert’s arrest and detention was prompted by a letter of resignation written the ministry, expressing his desire to quit the military because the contract signed during the time of his enlistment had expired.
He also claimed in his letter of resignation that while serving the army, he got wounded from grenade blast during a training drill and needed to seek medical attention abroad based on a doctor’s advice.
Accordingly, when he wrote the Ministry of Defense, his request was downplayed, leaving him constrained to have taken the decision to resign.
Following his arrest, lawyers representing his legal interest filed a writ of habeas corpus against the Ministry of Defense to Criminal Court “A” at the Temple of Justice to produce his living body as his detention without trial was a violation of his rights under the 1986 Constitution.
“The military does not have the right to detain any member for so long because it does not have a Court Marshall Board to prosecute its members until the Legislature can enact law to give the military court Marshall Board,” said Cllr. Arthur Johnson.
But the Ministry of Defense, responding to the writ of habeas corpus, stated that the expiration of the five year contract as enshrined in the New Defense Act creating the AFL does not give any soldier the right to leave until that person is discharged honorably.
“Signing a five year contract does not give one the right to leave as the law requires that you must be honorably discharged with benefits but not step in and step out,” said Cllr. Wilfred Sayeh.
Following the hearing of the motion, the presiding judge of the court, Boima Kontoe, ordered Tolbert to be set free to the Sherriff of the court and set Friday June 24 to rule on the matter but the ruling was intercepted by a mandate from the Associate Justice-In-Chambers, Jamesetta Howard- Wolokollie for the judge to cease further hearing into the case and cited him to appear before her for a conference on Tuesday, June 28, 2016 at 4:00 PM.
The mandate from Associate Justice Wolokollie was based on a writ of prohibition filed before the high court by the Ministries of Defense and Justice to halt the judge from further proceeding in the case.
“You are hereby ordered to desist from further hearing in the case and have Melvin Tolbert reprimanded at the Edward Binyah Kesselly Barrack. While you have been invited for a conference on Tuesday, June 28, 2016 at 4:00 pm”, stated the mandate to Judge Kontoe.
Following the reading of the Supreme Court’s mandate, Tolbert was immediately picked up by military police in the court room and was taken to the EBK Barrack based on the order of the Associate Justice.
However, the conference scheduled for Tuesday was heard by Associate Justice Wolokollie in her Chambers with the parties present while family members and reporters were barred from the hearing.
A source present at the hearing told reporters the Justice-In Chambers made no decision on the fate of the detained AFL personnel.
“The hearing took place but no decision was made by the Associate Justice on the fate of Melvin Tolbert who is currently languishing behind bars at the barrack under tight security,” said the source.
FPA has also gathered that family members are anticipating filing a writ of prohibition against the Ministry for what they terming as gross violation of Tolbert’s right.
A writ of prohibition will this time be heard by the full bench of the Supreme Court but in the meanwhile, Tolbert is according to family sources being subjected to harsh prion conditions at the EBK.
Part 4 (Articles VI and VII) of the August 2003 Accra Comprehensive Peace Agreement (CPA) which ended the Second Liberian Civil War addressed security sector reform. It declared that future recruits for the new AFL would be screened for their fitness for service as well as prior human rights violations that the new force would be ethnically balanced and without political bias, and that the new force’s mission would be to defend national sovereignty and “in extremis” respond to natural disasters.
But the ongoing trend in the army looks to be serving as discouragement to many who were trained with millions of dollars.