Liberia: NPHIL Former Director Tolbert Nyenswah Petitions Court to Dismiss Travel Ban Filed by Govt against Him
MONROVIA – The former Director General of the National Public Health Institute of Liberia (NPHIL) Tolbert Nyensuah has filed a six-count petition at the Criminal Court ‘C’ in Monrovia requesting Judge Yamie Quiqui Gbeisay to dismiss government’s travel ban filed against him.
Mr. Nyensuah made the application to the court recently through his legal counsel, Attorney Norris Tweh.
“Movant says and avers that since the issuance of the Writ of Ne Exeat Republica which was filed on the 18th day of October 2019, this court, sitting in its August Term 2019, respondent has taken no further action; additionally, Movant says that there was no prior action pending in this court or in any court for the commission of a crime. This, Movant says and avers, constitutes sufficient grounds to quash said writ and nullify same as if was never filed,” excerpt of the Motion to Quash the Ne Exeat Republica.
A Ne Exeat Republica is an order issued by a court to stop or prevent a person or group of persons from travelling or leaving the country.
The travel ban was issued on Tolbert Nyensuah by the government of Liberia on October 21, 2019.
However, Nyensuah left the country for the United States of America on Friday, October 18, 2019 before the issuance of the writ on the same date.
The former director general has been charged in the writ of ne Exeat Republica for theft of property.
In the motion, Atty. Tweah argued that there has been no legal action filed against his client since the issuance of the travel ban.
“The basis of said motion also derives from a Clerk’s Certificate issued on the 7th day of May 2020 from this court as further evidence that no action has been filed since the writ was issued, for which Movant now says is another reason for said writ to be quashed and nullified in keeping with law and practice,” Atty. Tweah argued in the motion.
Atty. Tweah also argued that at no time did his client escape the country for fear of arrest, nor was he a flight risk or fugitive.
“Movant says that he was never given the opportunity to be heard in keeping with the due process of law, nor was he ever brought under the jurisdiction of this court or any court prior to the issuance of this writ”
Atty. Tweah further argued that his client resigned his post honorably and legally departed the country for the United States of America.
“Movant further says that he is a respected Liberian who resigned his post as and legally departed the country for the United States due to “Extenuating circumstances, family reason(s) and to pursue his Doctorate in Global Health and Infectious Disease at the Johns Hopkin University of Public Health,” he said.