Monrovia – State lawyers are pushing for the extradition of seven alleged Ivorian mercenaries who are currently in detention at the Monrovia Central Prison, with their fate hanging in limbo.
Report by Kennedy L. Yangian [email protected]
This is the second attempt by state lawyers under the guidance of Montserrado County Attorney Cllr. Daku Mulbah to prevail on the lower court to extradite seven men.
The first attempt was in February 2013 when the same state lawyers prayed the court to have the alleged mercenaries sent to their homeland. The alleged mercenaries are youths, believed to be in their earlier 30s.
Cllr. Amara Sherriff, who is representing the defendants, told the court not to endorse the extradition because the alleged mercenaries were already indicted by the government, and it could not be prudent to extradite them when an indictment is already pending against them.
Presiding Magistrate of the Monrovia City at the Temple of Justice at the time, Nelson Chineh, denied the state lawyers’ request based on the fact that the defendants have already been indicted by the Liberian government on charges of murder, rape, arson illegal possession of firearm, criminal conspiracy and theft of property.
On Tuesday, the Monrovia City Court again entertained another argument when state lawyers filed another petition for extradition of the alleged mercenaries.
The argument over the extradition did not take place because of defense lawyer Amara Sherriff’s motion. Cllr. Sheriff’s motion to the court was to admit the defendants on bail and dismiss the state’s petition for extradition.
Cllr. Sherriff later told the court to have the petition for extradition dismissed, arguing that because the state lawyers lacked the legal standing and did not have license, neither pay their bar dues, which he mentioned as a legal requirements under the law for a lawyer.
“No lawyer who fails to obtain a license at the end of March each year is allow to practice in any court across the country,” Cllr. Sherriff argued.
Also in his motion for dismissal for the petition of extradition, Cllr. Sherriff argued that the extradition treaty between Liberia and the Ivory Coast, in which state lawyers rely upon to extradite the defendant, was signed in August 24, 1972 but has never been ratified.
“Petitioners say that the Extradition Treaty relied upon by the state lawyers/ respondents to extradite the petitioners to Ivory Coast required to be ratified before this court can take cognizance of its part of the body of laws of Liberia,” said Cllr. Sheriff.
Cllr. Sherriff further argued and prayed the court to dismiss the entire proceedings on ground that the sole basis of the extradition was on the strength of the Extradition Treaty, which has yet to be approved or ratified by the National Legislature of the Republic of Liberia.
Reacting to the claim of Cllr. Sherriff, Montserrado County Attorney Cllr. Mulbah told the court that Cllr. Sherriff was making a wide allegation that state lawyers at the trial were not licensed when he himself had failed to show his license.
“I was an executive member of the Liberia National Bar Association (LNBA) who resigned to take up civil duty,” said Cllr. Mulbah who presented his LNBA due payment receipt to the court.
On the question of the extradition treaty signed between Liberia and Ivory Coast, Cllr. Mulbah said the treaty was signed on August 24, 1972 and ratified on August 18, 1973.
Magistrate Kennedy Peabody adjourned the trial and reserved ruling into the pros and cons for the extradition of the alleged mercenaries.
The seven alleged Ivorian mercenaries who were arrested for the election fracas in Ivory Coast in 2010 have been identified as: Kamande Mohegnan Valery, Nemlin Rerik Antiube, Djikezon Guei, Martin Nioule Frank Oliver, Junior Nioule Ourogbo, Edward Toure and Badison Julien.
The extradition dilemma at the Monrovia City Court is coming at the time when the Supreme Court has sentenced nine Liberians, mostly Grand Gedeans to life imprisonment for mercenarism.
The Grand Gedeans were earlier found guilty by the subordinate court, which was upheld by the Supreme Court.
The nine Grand Gedeans were among 18 of their kinsmen arrested in the aftermath of election violence in neighboring Ivory Coast.