Monrovia – President George Weah has granted an executive clemency to former Defense Minister, J. Brownie Samukai, suspending his two-year jailed sentence handed down against him and upheld by the Supreme Court of Liberia.
Announcing the pardon at the Executive Mansion on Tuesday on behalf of President Weah, the Minister of State for Presidential Affairs, Nathaniel McGill said the President’s decision is in line with Article 59 of the Constitution of Liberia which grants the President the power to act in such manner.
“The President of Liberia, pursuant to Article 59 of the 1986 Constitution which vests in him the Power and authority to grant reprieves, suspend fines, sentences and pardon anyone convicted and sentenced for a crime has, with immediate effect, ordered the suspension of the two-year prison sentence imposed on Mr. Brownie J. Samukai, following his conviction by the Honorable Supreme Court of Liberia,” Minister McGill announced.
Last January, the Supreme Court ordered the incarceration of Mr. Samukai, the Senator-elect of Lofa and co-defendants for two years for their failure to comply with the mandate of the court – that’s to pay 50 percent of the judgement sum in the tone of US$537,828,15 within the period of six months.
The High Court ordered Samukai and co-defendants to serve two year prison term and pay the full judgement amount of US$1,147,656.35, less than the amounts already paid by them. The Supreme Court said: “Upon their failure to pay, they shall remain in prison until the full balance is liquidated at the amount of US$25 per month.
The Court’s verdict was the climax of a sustained judicial process that began in over two years ago when state prosecution filed a lawsuit against Samukai and the former Deputy Defense Minister for Administration, Joseph F. Johnson and J. Nyumah Dorkor, former Comptroller of the Ministry of Defense for mismanaging the retirement fund of the Armed Forces of Liberia (AFL).
On March 24, 2020, Criminal Court “C’’ found them guilty of misappropriating US$1.3 million from the AFL compulsory contributing fund that was deposited at Ecobank Liberia.
Following back and forth legal proceedings, the Supreme Court upheld the lower court’s verdict and ordered the culprits to restitute the full amount over a one-year period or risk incarceration. Following their failure to collectively pay, the Court rendered its final judgement against them.
Pardoned But Restitution Upheld
In the pronouncement, Minister McGill said, while Samukai’s prison sentence is being suspended, he will work with the Ministry of Justice to enter a stipulation for the full settlement of the AFL’s money.
In the meantime, he said the President has directed the Minister of Finance and Development Planning (MFDP) to make full payment of the outstanding balance of the AFL money, while Mr. Samukai is going through the Stipulation Payment Agreement.
While Minister McGill did not mention that the clemency extends to Samukai’s two co-conspirators, he said as Liberians joyously celebrate 200 years of existence as a nation and people, the President has further directed the Minister of justice and Attorney-General to submit to his office a list of 500 persons to be pardoned during these festive celebrations.
“The President has also called on all Liberians to reconcile their differences and transform Liberia into a haven of peace,” he said.
‘No Political Witch Hunt’
The President’s latest decision has garnered mixed reactions, with some alleging that Samukai’s trial, conviction and subsequent pardon was a ploy by the Weah-administration to deny Samukai and his Unity Party the Senatorial seat they emphatically won in the 2020 Senatorial election.
But responding, McGill said Samukai was convicted long before the election, and as such, the accusation against the government is unjustifiable.
“The case started before Samukai decided to contest. He was convicted before he started the election. To now suggest that he was deprived of the seat, that is unfortunate,” he countered.
‘No Slap In Corruption Fight’
Meanwhile, the presidential pardon comes in the wake of mounting criticisms against the Liberian Government that it is not doing much to fight corruption. At the official launch of Liberia’s Bicentennial Celebration in Monrovia, U.S. President Joe Biden’s Special Assistant, Ms. Dana Banks called on the Liberian Government to strengthen its fight against corruption.
Asked where the government stands in the fight against corruption amid the President’s pardon, McGill said the President was exercising his constitutional authority, and was in no way shielding or supporting corruption. He said the President’s decision was also in line with the administration’s agenda to promote unity and reconciliation as the country celebrates its bicentennial.
“There is no sacred cow in the government or in this country. No matter your relation to the President, when you commit crime, you will be punished consistent with the law. You don’t have to say I am close to the President or I am not close to the President; or the president like me and doesn’t like me. Once you commit crime, the law will prevail.”
He continued: “You supposed to be celebrating the fact that the government took a case to court and won it. And the AFL people will now be celebrating that in the next one week they will get their money. You supposed to be celebrating that it is not taking corruption fight for joke… The president believes the way to punish the man is not to keep him in jail. The best way is for the man to pay the money. We want to say to the people of Lofa that the President has made a decision and your son is not going to jail. This is very good for the unity of our country.”