Monrovia- Criminal Court C Judge Yamie Quiqui Gbeisay today dismissed the Liberian government’s travel ban against former National Public Health Institute(NPHIL) Director Tolbert Nyensuah.
. Judge Gbeisay ruled: “The fact that the time of the service of the writ, the respondent, Mr. Tolbert Nyensuah had Departed the bailiwick of this country. In the mind if the court, the said writ becomes moot or void without any legal effect. The said writ is therefore hereby ordered set aside and dismissed and that since the perimeter of the writ not being to prevent Mr. Tolbert Nyensuah from returning to Liberia, Mr. Tolbert Nyensuah is hereby declared free and he is at liberty to return to Liberia at anytime.”
Judge Gbeisay said under the Constitution, a citizen of Liberia has the right to return to his motherland when he or she desires to do so. “Wherefore and in view of the above facts and circumstances, the writ of Ne Exeat Republica issued by this court is hereby declared Null and Void without any legal effect as of today’s date. It is hereby so ordered. Matter suspended.”
“Wherefore and in view of the above facts and circumstances, the writ of Ne Exeat Republica issued by this court is hereby declared Null and Void without any legal effect as of today’s date. It is hereby so ordered. Matter suspended.”
Judge Yamie Quiqui Gbeisay, Criminal Court C
Judge Gbeisay ruling grew out Mr. Nyensuah’s six-count petition filed to the court, requesting the court to Dismiss the travel ban filed against him by the State.
Nyensuah filed in the Motion title “Motion to Quash” on May 25, 2020.
Responding to the motion on May 26, prosecution argued that the motion filed by Tolbert Nyensuah lacks legal basis.
Prosecution also argued that the motion is not the proper remedy to seek the dismissal of the travel ban against him. However, the Next Exeat Republica was issued against Tolbert Nyensuah based on investigation conducted by the Asset Recovery and Restitution Commiitee’s findings in which it is alleged that he suandered funds intended to fight the Ebola Virus Disease.
Based on the findings, the government of Lineria issued out a New Exeat Republica against the former NPHIL Director on October 18, 2019.
However, Nyensuah departed the country on Friday, October 18, 2019, the same date of the issuance of the Next Exeat Republica.
He, however was not served the writ of Ne Exeat Republica. A New Exeat Republica is a court order restricting or preventing a person or group of persons from the leaving the country for the alleged commission of a crime or crimes.