Liberia: CDC Prepares to Take Cybercrime Law Fight to Supreme Court After Wrato Release

Monrovia-The release of political commentator Jerry Nyantee Wrato from police custody has opened a new and potentially consequential legal battle over Liberia’s recently enacted Cybercrime Law, with the Congress for Democratic Change(CDC) announcing plans to ask the Supreme Court to determine whether portions of the law are consistent with the Constitution.

By  Willie N. Tokpah

Lenn Eugene Nagbe, Chief of Office Staff to former President George Manneh Weah said Tuesday, September 22 that the CDC’s Executive Committee had instructed its lawyers to institute proceedings before the Supreme Court challenging the constitutionality of the law.

Nagbe said the party’s decision goes beyond Wrato’s individual case, arguing that the controversy raises broader questions about the limits of political expression, criticism of public officials and the government’s authority to prosecute speech disseminated through digital platforms.

“It is not just about Jerry Wrato; it is about a threat to our democracy,” Nagbe said, announcing the party’s intention to challenge the law.

He said the CDC’s legal team would seek to have the Cybercrime Law declared unconstitutional, describing it as legislation that, in the party’s view, could be used to suppress political expression.

The announcement came hours after Criminal Court “B” of the First Judicial Circuit ordered Wrato released from police custody following a habeas corpus petition filed by his lawyer, Cllr. Garrison Doldeh Yealue Jr.

Judge Pape Suah issued the writ Tuesday, September 22, directing that Wrato be released from further police custody and turned over to the Sheriff of the court.

The order followed a challenge to Wrato’s continued detention after police announced that they had completed their investigation and intended to prosecute him on four alleged violations of Liberia’s Cybercrime Act of 2025.

Wrato’s detention followed the circulation of artificial intelligence-generated images and videos appearing to portray Vice President Jeremiah Kpan Koung in a derogatory manner.

The material surfaced amid controversy over reports concerning Koung’s security screening at Brussels Airport, reports the Vice President has denied. Police subsequently investigated the circulation of the manipulated content under the Cybercrime Act.

But the case took a different turn after Koung publicly appealed for Wrato’s release, indicating that he did not wish to pursue criminal action against him over the material. Police Inspector General Gregory O. W. Coleman nevertheless maintained that the matter could not be resolved solely based on the Vice President’s wishes.

In a September 21 communication to Vice President Koung, Coleman said the Liberia National Police had a statutory obligation to investigate suspected criminal conduct and had resolved to proceed against Wrato.

Police identified four alleged offenses, misuse of devices, cyberstalking, distribution of data messages that incite damage to property or violence, and distribution of harmful data messages.

The offenses were cited under Sections 10.1, 15.1, 18.1 and 19.1 of the Cybercrime Act. Coleman stressed that forwarding Wrato to court would not amount to a finding of guilt and that the accused would retain the presumption of innocence and other constitutional protections.

CDC Challenges the Law

Nagbe, however, said the CDC considers the detention a violation of Wrato’s constitutional rights. He said the party assembled a team of lawyers to defend what it described as the right to political expression and fair treatment under the law.

“The CDC hired a team of lawyers that advocate for fair play, for freedom of political expression,” Nagbe said. According to him, the lawyers viewed Wrato’s detention from Thursday, September 17, through Tuesday, September 22, as unlawful and moved quickly to challenge it through habeas corpus proceedings. The petition relied on Article 21(f) of the 1986 Constitution and provisions of Liberia’s Civil Procedure Law governing habeas corpus.

The court subsequently ordered Wrato’s release. The case is expected to return to court on Thursday, September 24, when further proceedings are scheduled.

Where Does Political Speech End, and Cybercrime Begin?

At the heart of the emerging legal dispute is a difficult concern on how far the state can go in regulating political expression when that expression is delivered through digital platforms. Nagbe argued that Liberians have a constitutional right to criticize and even make fun of politicians, particularly those who voluntarily enter public life.

“If you do not want anyone to talk about you, don’t get in the political space,” he said.

But the police position presents a different legal question as to whether digital material that allegedly crosses into cyberstalking, incitement, harmful communications or other conduct specifically prohibited by law can be treated simply as political speech.

That question has not been finally determined in Wrato’s case. The police have maintained that their investigation is based on alleged criminal conduct rather than the political identity of the person involved. Wrato, meanwhile, remains presumed innocent unless and until a court of competent jurisdiction determines otherwise.

The habeas corpus ruling itself addresses Wrato’s detention; it does not, on its face, constitute a final judicial determination that the Cybercrime Act is unconstitutional or that the underlying allegations against him are without legal merit.

A Bigger Legal Test Ahead

The CDC’s planned Supreme Court action could therefore move the controversy beyond Wrato’s individual detention and into a broader constitutional examination of Liberia’s cybercrime framework.

Such proceedings could require the Supreme Court to examine the relationship between statutory restrictions on digital communications and constitutional guarantees relating to freedom of speech, expression and political participation.

For the CDC, Nagbe said, the objective is clear, to challenge what the party considers an unconstitutional restriction on political expression.

“We will render the Cyber Crime Law unconstitutional,” he declared. Whether the Supreme Court ultimately accepts that argument, and, if so, how it interprets the contested provisions, will depend on the legal challenge, the provisions placed before the Court and the constitutional questions the justices are asked to determine.

For now, Wrato is out of police custody, the police say prosecution remains warranted, and the CDC is preparing to take the broader constitutional fight to Liberia’s highest court. The next courtroom appearance on September 24 could provide the first indication of how the dispute over Wrato’s detention will proceed, even as a separate constitutional battle over Liberia’s Cybercrime Law begins to take shape.