MONROVIA – Lawyers representing the legal interest of Co-Respondent Duannah A. Kamara have prayed the Stipendiary Magistrate Jomah S. Jallah, Monrovia City Magisterial Court at the Temple of Justice in Monrovia, Montserrado County to deny, and dismiss the issuance of a Writ of Petition for Ne Exeat Republica against their client (Duannah A. Kamara) or if not issued, be rejected.
A Writ of Ne Exeat Republica, according to the Black Law Dictionary, is defined as a writ restraining a person from leaving the republic. Ne exeat writs are issued to ensure satisfaction of claims against a defendant.
It can be recalled that the Monrovia City Magisterial Court based on a reported request from the Liberia Anti-Corruption Commission (LACC) issued the Writ of Ne Exeat Republica against Co-Respondent Duannah A. Kamara.
However, in their response to the reported issuance of the Writ of Petition for Ne Exeat Republica against their client, Kamara’s lawyers led by Cllr. Amara M. Sheriff of the J. Johnny Momoh and Associate Legal Chambers, Inc., contends that the Monrovia City Magisterial Court lacks original jurisdiction to issue Writ of Ne Exeat Republica.
Cllr. Sheriff further contends that the Writ Ne Exeat Republica can only be issued by three courts within the Republic of Liberia.
He named the three courts as the Circuit, Debt and the National Labour Courts.
He quoted Section 4.2 and Section 23.2 of the New Judiciary Law as legal justification for the Circuit, Debt and Labour Courts that have the original jurisdiction for the issuance of a Writ of Ne Exeat Republica.
On the hand, the renowned Liberian lawyer averred that Section 7.3 of the New Judiciary Law entitled: “Jurisdiction of Magistrates Courts” did not authorize the Magistrate Courts to issue the Writ of Ne Exeat Republica.
“Another legal basis that prevents the Monrovia City Magisterial Court from the issuance of the writ is an existing pendency of a suit out of which the petition for the issuance of the Ne Exeat Republica grows; there is no criminal proceedings or lawsuit against Co-Respondent Duannah A. Kamara in any court of competent jurisdiction within the Republic of Liberia which should have served as the legal foundation for Petitioner LACC requesting of said writ, and therefore, it is incurably defective and legally untenable,” the Liberian lawyer further averred.
“Had Petitioner LACC known that the Monrovia City Magisterial Court has no original jurisdiction on such matter relating to and arising from the issuance of the aforesaid writ, it would not have prayed the Monrovia City Magisterial Court to issue the writ,” he argued.
He added that Petitioner LACC may have acted within the piquancy of ignorance and declared the Petition for the granting of the Ne Exeat Republic as “empty banalities” and requests the Monrovia City Magisterial Court to reject and revoke said writ if issued.
