Monrovia – State lawyers’ expert witnesses, Emmanuel J. Nuquay, former House Speaker and J. Nanborlor F. Singbeh, Secretary of the Liberian Senate, have provided contradicting testimonies in court against former officials of the Central Bank of Liberia (CBL) in the ongoing trial involving the unauthorized printing of US$10 billion by the CBL.
Report by Augustine T. Tweh, [email protected]
The witnesses contradicting testimonies at the Criminal Court ‘C’ seem to jeopardize the state lawyers’ evidence to convict the ex-CBL officials.
Former Speaker Nuguaye and the Senate Secretary Singbeh were subpoenaed by Criminal Court ‘C’ Judge Yamie Quiqui Gbeisay based on state lawyers’ request to use them (Nuquay and Singbeh) as rebuttal witnesses in the ongoing trial.
Nuquay was subpoenaed to testify to whether the House of Representatives ever passed a resolution regarding the printing of the 10 billion Liberian dollar banknotes in 2017 to replace legacy banknotes that were in circulation. While Secretary Singbeh was subpoenaed to testify to a communication written by him (Singbeh) and House Clerk Mildred Saryon, giving the Legislature authorization to the CBL to print Liberian banknotes.
But the two rebuttal witnesses’ testimonies did not corroborate with state lawyers evidence, leaving the state with huge burden to prove its case beyond reasonable doubts to convict the ex-CBL officials.
The contradiction
On the witness’ stand on Thursday, July 16, former House Speaker Nuquay told the court that the House of Representatives did not sign a resolution authorizing the printing of L$10 billion banknotes.
“No! The House of Representatives did not sign any joint resolution to print L$10 billion, and there is no such resolution,” he said.
Responding to a question from Cllr. Jerry D. Garlarwolo, lead prosecutor in the case, as to what he knows about the printing of the 10 billion Liberian dollar banknotes, he said “I have no information absolutely on the printing of 10 billion by the Central Bank of Liberia. What I know is that, the House of Representatives has raised issues about mutilated money on the market after the CBL with full authorization through a joint resolution had printed and brought in the country L$5 billion to be infused in the market to replace mutilated bank notes.”
However, during cross-examination by ex- governor Weeks’ lawyer, Cllr. Abrahim B. Sillah, witness Nuquaye was asked whether subsequent to the printing of the L$5 billion, there was any discussion held by the House leadership to print additional banknotes, Nuquay replied, “I have no knowledge.”
Nuquay further testified that the communication written by House Clerk Mildred Saryon and the Senate Secretary Nanborlor Singbeh did not authorized the CBL to print 10 billion Liberian dollars banknote.
He said the communication requested the CBL to do three key things: to continue the use of Liberian and United States dollars until the country export has increased, second, to replace the legacy banknotes completely with the newly printed (L$5Billion) banknotes and third, that the CBL introduces coins of lower denominations on the Liberian market.
But Nuquay said the CBL did not act in accordance with the communication for the Legislature.
“No! The CBL did not act in accordance with the content of the paragraph contained in the letter sent to them,” he said.
However, the former speaker staggered on the witness stand when the defense team of ex-governor Weeks introduced another communication dated May 29, 2017 addressed to him (Nuquaye) by the CBL, providing clarification and outlining the cost of replacing all legacy notes.
Excerpt of the communication reads: “In order to replace the said legacy notes (about L$10Billion), the CBL estimate a cost of US 10.4 Million to cover the printing and shipping cost. Honorable Speaker, it is important to note that the CBL is operating under a three-year budget (2016-2018) which was prepared in the last quarter of 2015 and did not factor the cost of printing. Further, the three-year budget was only capable of financing the initial L$5 Billion dollars that was printed last year.”
Responding to the communication, he said “By refreshing my memory, I cannot immediately recall receiving such communication. But that does not mean the communication mentioned was not submitted to the Legislature.”
However, the former Speaker contradicted the previous testimony made by Senate Secretary Singbeh that the Legislature passed a joint resolution for the printing of Liberian banknotes.
“The printing or the authorization of the printing of the first L$5 billion banknotes was made as far back as four years. From my recollection, a resolution was adopted by both Houses, authorizing the printing of the bank notes in the amount mentioned,” he said.
Singbeh added:” A resolution adopted by House of Representatives was coded 001/2016 and resolution 002 was adopted by the Senate for the authorization of the printing of the L$5 billion Liberian banknotes.”
Singbeh was also questioned by the State as to whether there was any request made to the Senate for the printing of additional currency to replace the legacy bank notes that were in the Liberian market.
In his response, Singbeh replied “Yes! As our procedure goes, the Senate does not unilaterally authorize but the Legislature; but due to the fact that the printing of currency or monetary issues are of high security nature, some of the discussions with the CBL were made in Executive Session and meeting in Executive Session carries no record. But in open plenary, the Secretariat was mandated to communicate with the CBL based upon numerous executive meetings. The instruction given by the two Houses to the Secretariat of both Houses was printed and sent to the CBL in that regard.”
When questioned on the cross-examination by Cllr. Sillah, as to whether the Legislature authorized the printing of the second batch (L$10 Billion) of Liberian dollar banknotes, Singbeh said, “The Chief Clerk and myself as you rightly stated, obtained instruction from both plenaries to communicate with the CBL. Their decision with a caveat as expressed in the last paragraph our communication. If it were not the decision of both Houses, then we would have been reprimanded.”
Singbeh further testified that there were numerous engagements, meetings and presentations between the CBL and the Senate in respect to the printing of the second batch of Liberian dollar banknotes.
“Yes, as I stated earlier, the Senate as a body before dealing with any matter, must first be heard by the committee that has oversight responsibility and thereafter goes to the Senate for recommendation and that recommendation is transmitted to us to be forwarded to where it belongs,” Singbeh testified.
Singbeh also mentioned that the communication dated July 19, 2017 signed by him (Singbeh) and the House Clerk Mildred Saryon was consistent with the rules and procedures of the Senate.
However, at the start of prosecution’s witnesses’ testimonies, the defense team of ex-CBL Governor Weeks unearthed two communications, one emanating from the Ministry of Justice (MOJ) and the other from the CBL.
A copy of the communication from the MOJ dated January 10, 2020 in the possession of FrontPageAfrica, acknowledged that Crane Currency acted in good faith in the execution of the contracts entered into with CBL.
“Having reviewed information additional to that contained in the Kroll and Presidential Investigation Team (PIT) Reports, including the detail of parking List, air cargo manifest and airway bills, the government of Liberia accepts that Crane Currency entered into contract with the CBL in good faith, in reasonable reliance on the bank’s lawful authority.”
It continues:” It is clearly documented that every bank note manufactured by Crane was delivered and accepted by the CBL and Crane was paid the amount for the bank notes delivered. As the result of the conclusion of this investigation, the government of Liberia confirms that the Indictment against Crane Curreny has been dismissed and that no legal action of any kind will be brought against the company either now or in the future in regard to the aforementioned Crane order,” excerpt of the letter to Crane Currency by Minister Dean.
Base on the MOJ communication, criminal charges were dropped against Crane Currency that was earlier indicted by the State along with ex-CBL Governor Weeks and others for State crimes.
Also, the CBL Communication (Press Statement) from the CBL to the public, acknowledged that the internal investigation conducted by the CBL under Governor Patray, established that there were no missing monies as alleged in the indictment.
“That the new management of the CBL informs the Liberian public that it had concluded an internal assessment of monies printed and brought in Liberia between 2016 and 2018.”
It continues: “According to the record of the CBL, the total amount of money printed and placed in the reserved vaults of the bank was Liberian dollars L$15.5 Billion for the period 2016-2018. This amount was verified from the CBL internal Documents and documents received from Crane Currency of Sweden (the Contracted printer). The CBL wants to clarify to the general public and our partners in progress that there is no L$16 Billion missing as had been erroneously reported in the media. The CBL has no records showing that monies printed under its authority have not yet been delivered into its reserved vaults.,” Excerpt of the release acknowledging the CBL internal investigation.
All these pieces of documentary evidence couple with the State witnesses’ contradicting testimonies seem to placed government lawyers in a difficult position to convict the former CBL officials who are on trial for the illegal printing of the Liberian banknotes.