Liberia: Justice Wolokolie Denies Former Speaker Koffa, Co-Defendants’ Motion to Suppress Evidence

Monrovia – Justice-in- Chamber Jamesetta Howard Wolokolje has refused to grant an alternative writ of certiorari sought by former House Speaker J. Fonati Koffa and fourteen co‑defendants, a major development in the high‑profile Capitol arson case.

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By Willie N. Tokpah

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Justice Wolokolie, presiding in Chambers, directed Criminal Court “A” Judge Roosevelt Z. Willie to resume jurisdiction and proceed in accordance with law, thereby lifting a previously issued stay on the proceedings.

Justice Wolokolie’s decision signals that Judge Willie committed no procedural error when he denied the defendants’ motion to suppress key evidence submitted by state prosecutors.

The legal drama began after Judge Willie, seated in Criminal Court “A” at the Temple of Justice, denied a motion by Koffa and his co‑defendants to suppress certain evidence proffered by the state.

In his ruling, Judge Willie held that the evidence challenged by the defense should be presented to the trial jurors, who would assess its weight and credibility, rather than having the court exclude it outright.

In response, Koffa’s legal team petitioned the Supreme Court, requesting issuance of a writ of certiorari to review, and potentially overturn, the lower court’s ruling.

They contended that the judge’s decision undermined constitutional protections against unlawful searches and seizures, as well as other procedural guarantees.

Associate Justice Wolokolie, acting in her capacity as Justice in Chambers, initially responded by issuing a stay order, halting all further action in the trial and calling for a conference with counsel on October 2.

At that conference, arguments were presented by both the defence and the prosecution regarding the propriety of granting the writ of certiorari.

However after careful consideration, Justice Wolokolie declined to issue the alternative writ requested by Koffa and his co‑defendants.

In doing so, she directed Judge Willie to resume jurisdiction and proceed in keeping with the law.

The immediate effect of her decision is that the stay on the trial is lifted, and the criminal proceedings may continue under Judge Willie’s authority.

In a communication signed by Supreme Court Clerk Sam Mamalu, the directive read:

“By directive of Her Honor Jamesetta H. Wolokolie, Associate Justice presiding in Chambers, you are hereby mandated to resume jurisdiction, and proceed in keeping with law as the Justice has declined to issue the writ prayed for.”

This development was widely anticipated, given earlier Supreme Court pronouncements in related matters where a justice in chambers declined similar petitions and ordered trial courts to resume proceedings.

For the defense team, the Supreme Court’s refusal to intervene at this stage is a setback.

They had asserted that the trial court’s handling of evidence raised serious constitutional and procedural questions.

That argument now must be addressed in the context of the ongoing trial.

From the prosecution’s standpoint, the decision reinforces confidence in Judge Willie’s original ruling, validating, at least provisionally, the admissibility of the contested evidence.

Legal observers suggest this decision may underscore a judicial reluctance to grant certiorari in pending criminal trials unless manifest error or constitutional crisis is clearly shown.

The case remains politically charged.

The arson of the Capitol Building in December 2024 has drawn intense scrutiny, with the charges including arson, conspiracy, and criminal mischief, among others.

As the trial resumes, eyes will be on Judge Willie and whether further challenges will be advanced to the Supreme Court via other procedural vehicles to include appeal after final judgment or reserved questions, should the outcome be unfavourable to any party.