Monrovia – Lawyers representing the Management of Voice FM which was shut down by the court have pleaded with the Judge of Civil law Court, to quash a writ of injunction issued against the radio station and ordered the reopening of the station while the legal process continues.
Cllr. Tiawon Gongloe argued that two separate writs were issued against the radio station including a writ of injunction and a writ of declaratory judgment.
Appearing in defense of the station, the lawyer stated that a valid bond has been filed which was not resisted by the State and as such the writ of injunction should be lifted while legal proceedings continues for the writ declaratory judgment.
“You cannot have the station closed when we have filled a valid bond. The bond was filed for the writ of injunction so, the station must be opened as we argue the writ of declaratory judgment”, Cllr. Gongloe told the court.
But in counter argument lawyers representing the state including Montserrado County Attorney Cllr. Daku Mulbah argued that the station is not legally registered and should not be reopened.
State lawyers challenged the station to provide proof of its legal status including legal registration documents including official permit from the Ministry of Information, Culture and Tourism, and a license from the Liberia Telecommunications Authority before the court.
Judge Yusif Kaba reserved ruling into the issue for a later date.
The station was shutdown in early July after the Liberia telecommunications filed a writ of injunction against the operations of the station.
“Wherefore and in in-view of the foregoing petitioner prays your honor for the issuance of the writ of preliminary injunction against the respondent to prohibit refrain and enjoin” stated the petitioner’s petition filed on July 4, 2016.
A second writ was again issued against the station based on complaint from the Liberia Telecommunications Authority.
In the petition for Declaratory Judgment the Liberia Telecommunications Authority (LTA) Petitioner versus The Management of Voice FM 102.7, by and through their authorized representatives and all operating under their authority, respondents, the court mandated the Sheriff to summon the station.
In a writ of summons issued by Judge Yusif Kaba, the court ordered Captain Fofie V. Kamara, Deputy Sheriff for Montserrado County to summon the respondent.
The court issued an injunction and closed shutdown the station simultaneously.
In a writ of Preliminary Injunction the station was shut down, the writ ordered the station to refrain from further broadcasting while at the same time ordering the seizure of all accessories belonging to the station.
“You are hereby commanded to enjoin, retrain and prohibit the above-named Respondents from further engaging in broadcasting on the frequency 102.7 F.M. the Sheriff is ordered to also take possession and custody of any equipment and/or accessories used by the Respondent for the purpose of broadcasting pending the final determination of the petition for Declaratory Judgment out of which this Petition grows until otherwise ordered by this Court”, the preliminary writ of injunction stated.
Henry Costa, owner of Voice of FM who was residing in the United States at the time of the closure returned to the country with a vow to ensure that the station is reopened.
Costa led a group of Liberians where they presented a statement to the United States embassy in Monrovia calling on the embassy to intervene and ensure the reopening of the station.