MONROVIA – A group of citizens through the Public Interest Law Group (PILAC) have filed a writ of mandamus to the Supreme Court to compel the Government of Liberia to prosecute the three former officials who were sanctioned by the United States government for alleged acts of financial improprieties, as part of efforts to combat against corruption.
By Obediah Johnson
PILAC is a public interest advocacy civil society organization registered as a not-for-profit organization under the Association Laws of Liberia, for the purpose of undertaking advocacy and litigation on behalf, and for the interest, of the general public, with the aim of fighting bad governance, theft of public resources, corruption and mismanagement of Liberia’s resources.
It can be recalled that in August 2022, the US government, through its Treasury Department imposed sanctions on the former Minister of State for Presidential Affairs Nathaniel McGill, Solicitor General Cyrennius Cephus and the Director of the National Port Authority (NPA) Bill Tweahway for their involvement into acts of corruption.
The sanctions fall under the Global Magnitsky Human Rights Accountability Act.
The action of the US government prompted President George Manneh Weah to suspend the trio for time indefinite to enable them face investigation, according to an Executive Mansion press release. Following the suspension, the former officials resigned from the government based upon public outcries.
Despite their resignations, and the US’ government, through its Embassy near Monrovia disclosed that it has strong evidences to substantiate their involvement into the acts for which they were sanctioned, the Liberian government is yet to take actions to investigate and prosecute them.
But PILAC by and through its Director of Public Accountability Alieu Kiadii, Edward Biogar, Robert Gibson, Aloysius Toe, and Armah Johnson filed the writ against the government.
In the writ, a copy which is in the possession of FrontPageAfrica, the petitioners stated that the Respondents – Minister of Justice and Attorney General of Liberia Frank Musa Dean, the Liberia National Police (LNP), through the Inspector General Patrick Sudue and the Liberia Anti-Corruption Commission, thru the Chairperson and all persons operating under their scope and authorities – have failed to exercise their constitutional and statutory authorities in keeping with Article 53 of the 1986 constitution and their respective Acts.
The petitioners claimed that they are “harmed and injured by the acts for which the three officials have been sanctioned by the United States government, in that the alleged acts of the sanctioned officials have violated petitioners’ right to the wealth and resources of their country in violation of Article 7of the Liberian constitution and Article 47 of the United Nations International Covenant on Civil and Political Rights, which Liberia has domesticated and ratified.”
Article 7 of the Liberian Constitution states that: the Republic shall, consistent with the principles of individual freedom and social justice enshrined in this Constitution, manage the national economy and the natural resources of Liberia in such manner as shall ensure the maximum feasible participation of Liberian citizens under conditions of equality as to advance the general welfare of the Liberian people and the economic development of Liberia.
Article 47 of the United Nations International Covenant on Civil and Political Rights notes that “Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.”
According to the writ, three of the petitioners (Aloysius Toe, Armah Johnson, and Robert Gibson) claimed that they were harmed and injured “in that they were victims of the acts of targeting, intimidating and threatening political opponents for which Mr. Nathaniel McGill, when they went to support Senator Gbotoe Kanneh against the CDC candidate to the annoyance of Mr. McGill for which no investigation has been conducted against Mr. McGill.”
The Petitioners requested the Supreme Court to take judicial notice of their unlawful arrest which was widely publicized in local dailies and broadcasted on local radio stations.
“Co-petitioner Aloysius Toe is harmed and injured in that he was a victim of the alleged acts of withholding evidence in criminal prosecutions for which Cllr. Syrenius Cephus has been accused by the United States government, because during a bogus trial of Aloysius Toe and others, on forging political documents, Cllr. Cephus withheld and extracted from the evidence, documents that would have proven the innocence of Toe and others, for which no investigation has been conducted.”
They argued that it is the responsibility of the Executive branch to preserve, protect and defend the constitution and laws of Liberia and faithfully execute the duties of their respective offices in keeping with Article 53 of the Constitution.
They maintained that Article 50 gives vested power to the President to appoint cabinet ministers who will in turn aid him in the performance of his duties, and as such, the Minister of Justice must accordingly and faithfully execute his duties and obligations prescribed by the law of the land.
The Petitioners also cited Title 12, Liberian Code of Laws, and Section 22.2 which commands that: “the Minister of Justice shall procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the courts in which the Republic of Liberia or any officer thereof, as to such officer, is a party or may be interested.”
Under Section 22.72 (a) (1) v and the LNP Act of 2015, the Petitioners emphasized that the police are under obligation to conduct investigations, apprehend offenders, and maintain safety of persons and properties, while the LACC has a mandate and function to “implement appropriate measures and undertake programs geared towards investigating, prosecuting and preventing acts of corruption.
The Petitioners made specific reference to Section 5.2 (a, b, c) of the Act that created the LACC, which among other things calls for the investigation and prosecution of persons against of corruption.
They reminded the Supreme Court that it has said, time without number, that the extraordinary writ of mandamus will issue to require, direct and compel persons situated as the Three Respondents, being officers of the law, to perform the official duties and obligations devolved upon these officers by the laws of Liberia.
“In the referenced report, the government of the United States of America accused Minister Nathaniel McGill, Solicitor General Sayma Syrenius Cephus and National Port Authority Managing Director Bill Twehway of being responsible for or complicit in, or have directly or indirectly engaged in corruption, including the misappropriation of state assets, the expropriation of private assets for personal gains, corruption related to government contracts or the extraction of natural resources, or bribery.”
The petition pointed out that as a consequence of the profound allegations levied against the ex- officials by the US government, PILAC , in faithful devotion to its role as public interest advocate and acting bona fide in the public interest, on November 17, 2022 wrote the Minister of Justice to investigate and prosecute the accused men.
The failure of the government, through Minister Dean to respond to the group’s communication for more than six months in keeping with the Freedom of Information Law, prompted the filing of the writ of mandamus against the government.
According to the Petitioners, the acts for which the US government accused the former government officials are “outrageously violative of the Penal Code of Liberia, anti-money laundering, public procurement laws and the Code of Conduct for Public Officials.”
Acts likely committed
They believed that the prompt suspension of the sanctioned former officials by President George Manneh Weah is fueling “reasonable suspicion and belief” that the acts alleged by the US government were likely to have been committed and that the individuals so named and sanctioned could have committed those grave and serious felony crimes under the Liberian laws, with the resulting imposition of duties and obligations on the Respondents (LACC, LNP, MOJ) to conduct criminal investigation, and establishing probable cause, commence the conduct of criminal prosecution against them.
The Petitioners recalled that since the allegations were made against the trio, and the public pronouncement made by President Weah pledging investigation into the matter, the LACC, LNP and MOJ have not acted upon and seemingly have no intention to execute their duties prescribed by law to investigate these serious felony accusations, and establish probable cause, proceed forthwith, to prosecute those accused by the US government.
“For this neglect and failure on the part of the Respondents, petitioners submit that Mandamus will lie to compel Respondents to conduct an investigation and establish probable cause, commence prosecution of the sanctioned officials. Your Honor is most respectfully requested to take judicial notice of the President of Liberia’s public statement promising investigation.”
They maintained that “the callous neglect and terrifying failure of duty” by the Respondents (LACC, LNP, MOJ) to investigate and establish probable cause, prosecute the sanctioned individuals have the propensity to compromise the security of the Republic by providing incentive for money laundering and global terrorism, drug trafficking, using Liberia as a perfect transit and business destination to destabilize other parts of the world.”
They added that though the Respondents have the statutory and constitutional mandates to investigate and prosecute the sanctioned individuals, they continue with their “business as usual thereby seemingly protecting friends and cronies in the Liberian government.”
Meanwhile, the Petitioners and Respondents are expected to appear before the Justice-In-Chambers of the Supreme Court at 10:00 AM today, June 29.