MONROVIA – The Liberia National Bar Association (LNBA) has rejected an invitation from Cllr. A. Ndubuisi Nwabudike, chairman of the Liberia Anti-Corruption Commission (LACC) to partake in the National Anti-Corruption Conference scheduled for September 16-17.

The LNBA’s rejection letter was specific that the rejection was due to Cllr. Nwabudike being the host of the conference.

The Bar had expelled the LACC Chairman on the basis of fraud after it established that he ‘fraudulently’ presented himself as a Liberian to obtain membership with the Bar.

Cllr. Nwabudike’s alleged fraud came to light when he struggled to prove his nationality before the Liberian Senate when he was nominated to serve as chairman of the National Elections Commission.

It was the third time he was being nominated to a high-profile post by President George Weah.

Cllr. Nwabudike was first appointed to serve as Chairman of the Governance Commission, followed by his nomination and subsequent appointment to the LACC.

However, his apparent luck of slipping through the cracks came to an end when he was named to head the country’s electoral body ahead of a major senatorial election.

At his confirmation hearing, Cllr. Nwabudike, a Nigerian, presented documents that carried multiple dates of birth, including his passports.

This prompted the Liberia National Bar Association of which he was a member at the time to launch an investigation into the matter.

In its findings, the LNBA established the following:

On April 3, 2020, the Liberian Immigration Service wrote a letter informing the Grievance and Ethics Committee that it did not have any record on Cllr. Nwabudike legal residency status or naturalization in Liberia;

On April 6, 2020, the Committee obtained a clerk certificate from the Clerk of the First Judicial Circuit, Criminal Assizes “B” Temple of Justice, informing it that it had no record about Cllr. Nwabudike’s residency or naturalization status;

From documents obtained from the Senate Confirmation hearings of Cllr. Nwabudike and the pleadings in the record of the Civil Law Court on a petition for declaratory judgment filed by him, the Grievance and Ethics Committee found the following inconsistent information:

A purported certificate of naturalization presented to the Liberian Senate by Cllr. Nwabudike showed that he was issued same by Criminal Court “B” at the Temple of Justice on May 13, 1982, when in fact that court was called the People’s Criminal Court “B” during the regime of the People’s Redemption Council (PRC), thereby creating more doubt;

A perusal of His various passports showed his birth dates as October 19, 1960, October 2, 1963, October 2, 1965 and October 2, 1969;

His 2004 Liberian Passport carries his date of birth as October 2, 1963 and his name as A. Nkwuka Ndubuisi Nwabudike, instead of the name that appears on the roster of the Liberian National Bar Association and Supreme Court Bar which is A. Ndubuisi Nwabudike;

His Liberian National Identification card carries his date of birth as October 2, 1969 and his name as A. Ndubuisi Nkwuka Nwabudike; and

His application for marriage certificate dated January 22, 1992, filled by himself in handwriting carries his name as A. Ndubuisi Nwabudike, his date of birth as October 19, 1960 and his nationality as Nigerian;

The Bar then concluded: “In view of the information received from the Liberia Immigration Service and First Judicial Circuit, Criminal Assizes “B” that there is no record to support Cllr. Nwabudike’s claim of Liberian citizenship, the existence of information showing gross inconsistency in his dates of birth and names, as well as, the fact that in his application to the Marriage Registry, he declared in his own handwriting in 1992  that he was a Nigerian Citizen,  the only valid, logical and common sense conclusion that could be reached by the Grievance and Ethics Committee was that he became a member of the Liberian National Bar Association through fraudulent means. It is a well-settled common law principle that fraud vitiates everything.”

Monrovia – Solicitor General Syrennius Cephus remained mute throughout Cllr. A. Nbuisi Nwabudike citizenship saga until the Liberia National Bar Association (LNBA) through its investigation concluded that the Nigerian lawyer fraudulently obtained his Liberian citizenship and could, therefore, no longer be a member of the national bar.

The LNBA’s conclusion and subsequent decision to expel Cllr. Nwabudike, who went back to head the Liberia Anti-Corruption Commission (LACC) after his flop at the Senate hearing upon his nomination as Chairman of the National Elections Commission (NEC), did not come as a surprise to many due to the glaring discrepancies in various documents and his woeful failure to defend how he obtained his Liberian citizenship. The LNBA, however, received applause for being uncompromising on its decision.

However, when the dust was yet to settle, Solicitor General Cllr. Cephus wrote a 10-page document dubbed ‘legal opinion’ which sought to complain Justice Minister F. Musa Dean to the Minister of State, Nathaniel McGill.

It is no secret that Cllr. Cephus and Cllr. Dean have not had a cordial working relationship at the Justice Ministry. They have often gone in different directions on unfolding national issues and the presentation of legal opinions. The Ellen Corkrum recent saga is just one of those.

The Solicitor-General’s qualms stems from the Cllr. Dean’s decision to challenge Cllr. Nwabudike’s petition for Declaratory Judgment filed with the Civil Law Court. For him, the Justice Minister’s failure to intervene from the onset brought the office of the President to public disrepute.

Cllr. Cephus wrote:

Dear Minister McGill:

I feel absolutely disappointed about the seemingly unconventional   approach adopted by the Honourable Minister of Justice and Attorney-General, Cllr. Frank Musa Dean Jr., in the matter relating to the naturalization controversy of Cllr. A.N. Nwabudike. I do not only reject his decision to openly challenge the citizenship of   Cllr. A. N.  Nwabudike, a public official duly appointed by Your Excellency (Article 54), and still enjoys Your Excellency’s confidence, and serves at your pleasure (Article 56), but also, I find it difficult if not impossible to affix my signature to the pleadings written by Cllr. Dean and his team of lawyers regarding Cllr. Nwabudike’s petition for a declaratory judgment   filed at the Civil Law Court   for a number of   factual and legal reasons.

“We stand by the position contained in our Resistance to the Petition. Cllr. Nwabudike, conceding the legal soundness of our position, withdrew the Petition for Declaratory Judgment. The issue of the Declaratory Judgment is, therefore, moot”

Cllr. Frank Musah Deah, Justice Minister/Attorney General

According to Cllr. Cephus, the Minister of Justice should have taken seized of the naturalization controversy, by making a formal announcement to the effect, in order to save the government, specifically the office of the President from undue public scrutiny and political embarrassment.

He said, he expected the Justice Minister to have launched an investigation into the matter from the onset and subsequently advised the President on the way forward. He also expected that the Justice Minister would have discontinued at any stage any hearing pertaining to the matter before any of the criminal or civil law courts.

He noted that he could not fathom how Cllr. Dean arrived at the conclusion of challenging the naturalization documents of Cllr.  A.N. Nwabudke in the absence of   any investigation consistent with Title 4 Liberian Codes of Law Revised–Aliens and Nationality Law Section 21.3(2) on the age requirement argument.

However, other documents obtained by FrontPageAfrica revealed that Cllr. Cephus and other state prosecutors were cited for meeting on April 10, 2020 by Justice Minister Dean to discuss the Petition for Declaratory Judgment filed by Cllr. Nwabudike.

Justice Minister Dean informed FrontPageAfrica that Cllr. Cephus failed to register his difference of opinion on the decision to respond to and challenge Cllr. Nwabuidke’s petition against the Government of Liberia, neither did he reference said meeting in his legal opinion to the Minister of State.

Cllr. Dean informed FPA that meeting with prosecutors on April 10 led to the formulation of the Ministry’s response to the Petition for Declaratory Judgment filed by Cllr. Nwabudike.

“We stand by the position contained in our Resistance to the Petition. Cllr. Nwabudike, conceding the legal soundness of our position, withdrew the Petition for Declaratory Judgment. The issue of the Declaratory Judgment is, therefore, moot,” Cllr. Dean said.

For the Solicitor General, Cllr. Nwabudike being an agent of the President, should have been protected by the Justice Minister by not contesting his Petition for Declaratory Judgment.

Monrovia – Cllr. A. Nbudusi Nwabudike had everything going for him. When newly minted President George Weah assumed the mantle of authority in January 2018, the Nigerian-born Nwabudike was called upon early on to head a Special Presidential Review Committee, constituted to probe into the Global Witness Report on the National Oil Company of Liberia.

Analysis by Rodney D. Sieh, rodney.sieh@frontpageafricaonline.com

That appointment set off a rising tide for the controversial lawyer who went on to win two other high-profile appointments, at the Governance Commission and the Liberia Anti-Corruption Commission.

Luck Runs Out for Roaming Appointee

In each of his previous appointments at both the GC and the LACC, Nwabudke was greeted with noise. In fact, although he was never confirmed during his time at the Governance  Commission although he went on the serve in the position until his appointment to head the Liberia Anti-Corruption Commission.

Nwabudike’s fortunes began to take a dive toward the downward spiral in March this year, when President Weah nominated him to serve as head of the National Elections Commission.

Liberians greeted the appointment with roars of criticisms, refusing to hold back their resentment of having a foreign national under a cloak of controversy determining the fate of the next presidential elections. In the end, the Senate Committee on Autonomous Agencies and Commissions agreed and send the Nigerian packing.

The Senate rejection opened a new can of worms for Nwabudike.

Senator Dillon Draws Attention

On June 9, 2020, Senator Abraham Darius Dillon(Liberty Party, Grand Bassa) wrote the Senate Pro Temp Albert Chie, drawing attention to the matter of Nwabudike whose nomination to head the NEC was subsequently withdrawn by President Weah, following rigorous scrutiny by the Senate.

In his communication, Senator Dillon cited Part IV Section 6.3 of the Act creating the LACC, requiring  that only citizens of Liberia are qualified and eligible to serve on the commission.

Section 6.3 regarding Qualification states: “Each member of the Commission shall be a Liberian citizen of not less than thirty(30)years of age, of good moral character in the community, and with proven records in anti-corruption advocacy or professional training and/or experience in law, law enforcement, accounting, auditing  or a related field. The membership of the Commission shall also be drawn to reflect the broad spectrum of society; provided further that no two Commissioners shall have the same County of origin and all five(5) shall not be of the same gender.”

Senator Dillon argued that Cllr. Nwabudike, a citizen of Nigeria by birth, had not demonstrated or proven to be a Liberian. In fact, the Senator contended, the manner in which Nwabudiki acquired his iberian citizenship, as he claimed before the Senate is suspect.

Senator Dillon has been pushing for the Senate to take on the matter and ensure that the proper and appropriate measures be taken to uphold, protect and defend the integrity and credibility of the LACC from being abused and violated.

Last Friday, Nwabudke was dealt what may be the final nail in his coffin when the Liberian National Bar Association (LNBA) announced that it had come to a decision to expel the controversial figure from the bar.

In coming to its decision, the Bar, in a statement read by its President Tiawon Gongloe noted that the doubt raised by the Senate over the citizenship of Cllr. Nwabudike by extension, cast a very dark cloud over the integrity and credibility of the Liberian National Bar Association and the Judiciary in evaluating applicants for admission into the legal profession. “The LNBA felt duty bound to investigate and find out what the truth is relative to Cllr. Nwabudike’s Liberian citizenship. Therefore, the National Executive Council of the Liberian National Bar met and mandated the President of the Liberian National Bar Association to instruct the Grievance and Ethics Committee to launch a full scale investigation into this matter. As a professional body, the LNBA is under a duty at all times to constantly monitor and evaluate the moral and professional conduct of its members based on information acquired through complaints by individuals or through the public.”

The LNBA emphasized that the legal profession is unique among the professions in Liberia because it is the only profession that is given protection by the Constitution of Liberia. Article 21(i) of the Constitution provides,”… There shall be absolute immunity from any government sanctions or interference in the performance of legal services as a Counsellor or Advocate…”

“The LNBA is under a moral obligation to honor this protection provided by the Constitution of Liberia with the highest degree of integrity and credibility in order to prove to the people of Liberia that the legal profession is worthy of this unique protection. As the saying goes to whom much is given, much is expected. The LNBA therefore, could not ignore the issue of the citizenship status of one of its members when information provided by him created doubt over the authenticity and veracity of his claim of Liberian citizenship.”

– The Liberia National Bar Association

Nwabudike Ignored Request to Face Bar

A key factor that led to Nwabudke’s expulsion was his apparent refusal to honor an invitation from the bar to appear before them to address the controversy.

On April 2, 2020, the Grievance and Ethics Committee sent a letter to Cllr. Nwabudike, informing him of the mandate of the National Executive Council and inviting him to appear before the committee with all relevant documents in support of his claim of Liberian citizenship. “The Committee immediately communicated with the Liberian Immigration Service (LIS), the Clerk of the First Judicial Circuit, Criminal Assisizes (B), the Dean of the Louis Arthur Grimes School of Law and the Clerk of the Supreme Court, in order to independently acquire relevant information pertaining to the citizenship of Cllr. Nwabudike.”

The Bar said, on April 6, 2020,  Cllr. Nwabudike wrote the Grievance and Ethics Committee to question the basis of the investigation.

According to the bar, Nwabudike contended that there was no complaint before the LNBA “challenging his citizenship”; (2) that he had not violated any provision of the Code of Professional Ethics governing the conduct of lawyers; (3) he argued that citizenship is given by the Government of Liberia and it is only the Government of Liberia that can challenge or revoke it; and (4) erroneously argued that the issue of his citizenship was now moot, since the issue was not raised when he was admitted as attorney-at-law and subsequently as counselor-at-law. He however promised to meet with the Grievance and Ethics Committee, in order to provide it further clarification. He copied the Chief Justice of the Honorable Supreme Court and the Minister of Justice on his reply to the letter from the Grievance and Ethics Committee.

On April 13, 2020, Cllr. Nwabudike was written aanother letter inviting him to appear before the Grievance and Ethics Committee on April 24, 2020, at 11:00AM, but he did not appear.

The Bar said, on April 27, 2020, Cllr. Nwabudike was sent aanother letter, asking him to appear before the same committee for investigation on April 30, 2020 at 11:00AM, but he did not appear. “Further, on May 6, 2020, Cllr. Nwabudike was written a letter to appear before the committee for a hearing on May 8, 2020, but he did not appear. On May 18, 2020, Cllr. Nwabudike was written to appear before the committee on May 27, 2020 for investigation, but he did not show up. Additionally, the Committee, invited him through two publications in the Inquirer Newspaper on May 11, 2020 and May 15, 2020 for appearance, but he failed to appear. These publications were also sent to Cllr. Nwabudike via DHL sent to him via DHL, yet failed, refused to appear, in complete disregard for the Liberian National Bar Association.”

‘Defiant Posture’ Sealed Fate

The Bar said it was left with no alternative but to expel Nwabudike due to his failure to honor its request to appear. “In view the defiant posture of Cllr. Nwabudike, as demonstrated by his deliberate failure and refusal to honor all the citations sent to him to appear for the inquiry that the Grievance and Ethics Committee was mandated by the National Executive Council to conduct, the Committee then proceeded to carry out its mandate by relying on independent sources for information on the validity of Cllr. Nwabudike’s Liberian citizenship.”

Cllr. Nwabudike’s saga was complicated by the fact that the the Liberian Immigration Service wrote a letter informing the Grievance and Ethics Committee that it did not have any record on Cllr. Nwabudike legal residency status or naturalization in Liberia.

Additionally, on April 6, 2020, the Committee obtained a clerk certificate from the Clerk of the First Judicial Circuit, Criminal Assizes “B” Temple of Justice, informing it that it had no record about Cllr. Nwabudike’s residency or naturalization status.

The Bar says it also found a lot of inconsistencies with Cllr. Nwabudike, mostly based on documents obtained from the Senate Confirmation hearings of Cllr. Nwabudike and the pleadings in the record of the Civil Law Court on a petition for declaratory judgment filed by him, the Grievance and Ethics Committee found the following inconsistent information.

Among those was a purported certificate of naturalization presented to the Liberian Senate by Cllr. Nwabudike showed that the Nigerian was issued same by Criminal Court “B” at the Temple of Justice on May 13, 1982, when in fact that court was called the People’s Criminal Court “B” during the regime of the People’s Redemption Council (PRC), thereby creating more doubt.

The Bar, in its findings reported that a perusal of Nwabudike’s various passports showed his birth dates as October 19, 1960, October 2, 1963, October 2, 1965 and October 2, 1969. Also, his 2004 Liberian Passport carries his date of birth as October 2, 1963 and his name as A. Nkwuka Ndubuisi Nwabudike, instead of the name that appears on the roster of the Liberian National Bar Association and Supreme Court Bar which is A. Ndubuisi Nwabudike. Additionally, his Liberian National Identification card carries his date of birth as October 2, 1969 and his name as A. Ndubuisi Nkwuka Nwabudike; and his application for marriage certificate dated January 22, 1992, filled by himself in handwriting carries his name as A. Ndubuisi Nwabudike, his date of birth as October 19, 1960 and his nationality as Nigerian.

Ball in President Weah’s Court

Amid the findings, the Bar says it was left with no alternative but to give Nwabudike the boot.

“The committee, therefore, recommended that Cllr. A. Nbudusi Nwabudike be  expelled, consistent with Article II Section IX of the Constitution of the Liberian National Bar Association, which provides, “Any member may, after inquiry, be disciplined by means of suspension or expulsion from membership of the Association for proven gross misconduct in his relations to the Association or in his professional undertaking upon two thirds votes of the Membership of the National Executive Council.” At a meeting of the National Executive Council held at 3:00PM, on yesterday, May 18, 2020 here at the headquarters of the Liberian National Bar Association, the Grievance and Ethics Committee’s recommendation that Cllr. A. Nbudusi Nwabudike be expelled was approved by a vote of two thirds members of the National Executive Council of the Liberian National Bar Association. Hence, Cllr. A. N. Nwabudike is hereby expelled from the membership of the Liberian National Bar Association. His name is hereby stricken from the roster of the membership of the Liberian National Bar Association.”

Cllr. Nwabudike’s expulsion means he cannot practice law in Liberia, much less head the influential LACC.

In the coming days, the Bar says it intends to notify the office of the President of its decision. “This decision will be shortly communicated to the President of the Republic of Liberia, the Speaker of the House of Representatives, the President Pro Tempore of the Liberian Senate and the Chief Justice of the Supreme Court of Liberia and all courts throughout the Republic of Liberian.”

Senator Dillon, in a Facebook post last Friday, reminded President Weah of his inauguration pledge: “Do not judge me based on the eloquence of my speeches, but the quality of the decisions I will make.”

Senator Dillon says he couldn’t agree more. “Sadly, the “decision” to keep Ndubuisi Nwabudike at LACC is of poor quality. Dismiss him now, right now.”

IF THE LIBERIA National Bar Association (LNBA) led by the no-nonsense human rights lawyer, Cllr. Tiawan Gongloe, can conclude after investigation that Cllr. A. Nbuisi Nwabudike is a fraudster, what more evidence does President George Manneh Weah need to kick him out as head of the Liberia Anti-Corruption Commission.

IT IS BECOME more that crystal clear that this Nigerian lawyer by virtue of the requirements as stated in Act that created the LACC does not deserve the privilege to serve as a corruption fighter.

FIRST OF ALL, Section 6.2 of the LACC Act states that “The five (5) Commissioners shall be nominated by the President. The President may consult the civil society pursuant to the partnership between Government and said civil society in the fight against corruption. Upon being confirmed by the Liberian Senate, the Commissioners shall subsequently be appointed and commissioned to their respective offices by the President.”

THE CRAFTERS of the Act were very cognizant of the role of the civil society in shaping the democratic growth and social justice in a nation. The President must note that several integrity civil society organizations began calling for his removal from the LACC after his disgraceful flop at the Senate.

SECTION 6.3 of the Act says, “Each member of the Commission shall be a Liberian citizen of not less than thirty (30) years of age, of good moral character in the community, and with proven records in anticorruption advocacy or professional training and/or experience in law, law enforcement, accounting, auditing or a related field. The membership of the Commission shall also be drawn to reflect the broad spectrum of society; provided further that no two Commissioners shall have the same County of origin and all five (5) shall not be of the same gender.”

MR. PRESIDENT, Cllr. Nwabudike has violated every line of this section. Frist of all, it is established that he’s not a Liberian citizen. Second, it is established that he forged documents or fraudulent obtained documents – that’s lack of moral.

MR. PRESIDENT, we cannot have an individual who has been proven to be entrenched in fraudulent activities leading the fight against corruption in the country.

MR. PRESIDENT, Section 6.8 of the LACC Act says “A Commissioner shall hold office during good behavior. A Commissioner shall be removed from office by the President for any gross breach of duty, misconduct in office, or any proven act of corruption.” Is it not glaring enough that Cllr. Nwabudike does not match up?

KEEPING NWABUDIKE at the Liberia Anti-Corruption Commission would be another form of hypocrisy in the fight against corruption. It would also be an endorsement of fraud from the level of the Presidency. This is not the image we want for our country. Let the right thing be done, no matter which head falls.

MR. PRESIDENT, take a look at your Cllr. Nwabudike’s fraud as discovered by the LNBA:

ON APRIL 3, 2020, the Liberian Immigration Service wrote a letter informing the Grievance and Ethics Committee that it did not have any record on Cllr. Nwabudike legal residency status or naturalization in Liberia;

ON APRIL 6, 2020, the Committee obtained a clerk certificate from the Clerk of the First Judicial Circuit, Criminal Assizes “B” Temple of Justice, informing it that it had no record about Cllr. Nwabudike’s residency or naturalization status;

FROM DOCUMENTS obtained from the Senate Confirmation hearings of Cllr. Nwabudike and the pleadings in the record of the Civil Law Court on a petition for declaratory judgment filed by him, the Grievance and Ethics Committee found the following inconsistent information:

A PURPORTED certificate of naturalization presented to the Liberian Senate by Cllr. Nwabudike showed that he was issued same by Criminal Court “B” at the Temple of Justice on May 13, 1982, when in fact that court was called the People’s Criminal Court “B” during the regime of the People’s Redemption Council (PRC), thereby creating more doubt;

A PERUSAL OF HIS various passports showed his birth dates as October 19, 1960, October 2, 1963, October 2, 1965 and October 2, 1969;

HIS 2004 LIBERIAN Passport carries his date of birth as October 2, 1963 and his name as A. Nkwuka Ndubuisi Nwabudike, instead of the name that appears on the roster of the Liberian National Bar Association and Supreme Court Bar which is A. Ndubuisi Nwabudike;

HIS LIBERIAN NATIONAL Identification card carries his date of birth as October 2, 1969 and his name as A. Ndubuisi Nkwuka Nwabudike; and

HIS APPLICATION for marriage certificate dated January 22, 1992, filled by himself in handwriting carries his name as A. Ndubuisi Nwabudike, his date of birth as October 19, 1960 and his nationality as Nigerian;

IN VIEW OF THE information received from the Liberia Immigration Service and First Judicial Circuit, Criminal Assizes “B” that there is no record to support Cllr. Nwabudike’s claim of Liberian citizenship, the existence of information showing gross inconsistency in his dates of birth and names, as well as, the fact that in his application to the Marriage Registry, he declared in his own handwriting in 1992  that he was a Nigerian Citizen,  the only valid, logical and common sense conclusion that could be reached by the Grievance and Ethics Committee was that he became a member of the Liberian National Bar Association through fraudulent means. It is a well-settled common law principle that fraud vitiates everything.

UPON YOUR OATH of office, Mr. President, you made two cardinal promises that were dear to the hearts of Liberians. You promised that Liberians will not be spectators in their own country. Now, why have a Nigerian heading an integrity institution like the LACC when the signs are sparkling on the wall?

MR. PRESIDENT, you also stated during your inaugural speech, “I further believe that the overwhelming mandate I received from the Liberian people is a mandate to end corruption in public service. I promise to deliver on this mandate.”

LIBERIA AS A NATION is what it is today because of the hypocritical nature in which we have always fought corruption. This country, a once promising star on the continent, came to a standstill through a senseless war because of corruption and the hypocrisy in the fight thereof. Many innocent people lost their lives. Women, children suffered untold atrocities. Innocent people endured some of the worst atrocities the human brain can imagine all due to the hypocritical nature in which corruption was being fought.

KEEPING NWABUDIKE at the Liberia Anti-Corruption Commission would be another form of hypocrisy in the fight against corruption. It would also be an endorsement of fraud from the level of the Presidency. This is not the image we want for our country. Let the right thing be done, no matter which head falls.

A HINT TO THE WISE.