MONROVIA – The Monrovia City court has with immediate effect dismissed the multiple charges of forgery, criminal facilitation and criminal conspiracy brought against Liberty Part embattled chairman Musa H. Bility and Martin S. Kollah Secretary General.
Magistrate Jomah Jallah of the Monrovia City Court making his ruling Thursday, February 10, 2022 said the two Liberty Party stalwarts were set free and their rights restore because those individuals ( Jeremy, Russel, Romeo, Coker and Napoleon H. Weah) who sued have no legal standing or capacity to take action in the party interested.
Magastrate Jallah: “therefore the lack of legal standing or capacity as shown here in this cause of action is tantamount to a serious legal defect.”
Judge Jallah also added that in the mind of this court, the elementary definition of legal standing refers to a vested interest or a right in an action shown from injuries directly suffered or some vested interest or rights granted a party in a representative capacity by means of legal instrument to prosecute an action.
Judge Jallah further said that in the instant case, the act complained of by the Republic of Liberia by and through the private prosecutor’s said to have been committed against the Liberty Party Constitution.
Judge Jallah in his ruling notes that from the record before this court, there is no showing that the Liberty Party which is said to have been injured directly as a consequence of the alleged conduct by the defendants has complained through it’s National Executive Committee or has executed a resolution authorizing a fromal criminal action to be taken or brought against defendants Musa Bility, and Martin Kollah for forgery, cirminal conspiracy and criminal facilitation.
He also disclosed that what is before the court for determination is the complaint by some partisans of the Librarty Party accusing their own chairman and the secretary-geneal of forging and altering the Liberty Party Constitution.
“This court therefore relying on the strength of law, disagree with the prosecution argument and says the Republic of Liberia is never a party complainant in any Criminal action at the ” making of the complaint” or at the issuance of the arrest warrants under section 10.6(b) of the criminal procedure law. “
” The Republic of Liberia can only become a party and obviously a victim of the Crimes charged when the arrest warrant is issued; the defendant is arrested, brought under the jursidiction of the court and trial commences.
He said in the mind of the court, the phrase of” of the complaint” refers to a person making the complaint as the injured party and not the Republic of Liberia.
“In the instant case, it seems quite inconceivable for this court to property rationalize as to how the private prosecutors who proof of some legal instrument, have been directed injured by an alleged act of forgery, cirminal conspiracy and criminal facilitation committed against the party Constitution by two of it’s executive members.