Monrovia – The International Press Centre (IPC), Lagos-Nigeria has joined the West African Journalists Association (WAJA) to condemn the closure of some broadcast media in Liberia.

Director of IPC, Lanre Arogundade said: “The act of closing radio stations or any other media for that matter was unbecoming of a government operating in a democratic environment.”

Mr. Arogundade said – “It was imperative to remind the Liberian government that it would be unfortunate if a country that set the pace for access to information law in West Africa would now turn around to set another pace in the suppression of freedom of expression using a tax system as excuse”.

In its own statement, WAJA said its attention has been drawn to the new pattern of aggression against the media in Liberia, terming it as a vicious and shameless attempt to rid the media of critical voices.

Full Text of WAJA Statement

“WAJA believes the Government’s purported vigorous collection of media taxes in the face of the looming political contestation ahead of 2017, is a circulated ploy to instill fear not only in the media landscape, but to scare political opponents.

Information available from WAJA affiliate, the Press Union of Liberia, suggest that in less than two months, the Government has shut two broadcast entities: Voice FM and Sarafina Ventures Incorporated, owner of LIB 24/Love FM 105.1 and Love TV, on claims that they failed to comply with regulatory and tax obligations.

Voice FM was closed on 4thJuly for reportedly high jacking the frequency – 102.7 originally assigned to a web radio, while Sarafina Ventures (LIB 24) was seized by a Police squad on August 13 for allegedly defrauding the government of more than US$50,000.00 in unpaid fees dating back to 2008.

Ironically, the government waives taxes owed by multi-million dollars concession companies, but runs after small local businesses including the media.

In the two instances, the Ministries of Justice and Information, acting on alleged complaints from the Liberia Telecommunications Authority (LTA), used Police dressed in riot gears and court officers to shut down the stations without hearings.

Reacting to the closures, Press Union of Liberia President K. Abdullai Kamara said: “By this action, the government has presented itself as an undemocratic and intolerant regime, pursuing schemes that are inimical to the principles of free expression and respect for divergent ideologies.”

The Union noted in a statement that the, “government’s claims of pursuing tax and regulatory delinquency in this latest clamp down is at most double standard, when the same government is the largest player in the economy and the biggest debtor of media services.”

The LTA Chairperson, Angelique Weeks, told a local station in Monrovia, FARBRIC Radio 101.1 that a list of non-compliant stations have been submitted to the Justice Ministry for action, but failed to name the stations.

She declared, “We have turned over the list of entities to the Ministry of Justice and we do not dictate to the Ministry of Justice when or how or where or who.

They have their internal strategy… I don’t know their strategy, but yes indeed there will be more,” she explained in response to suggestions that the closures were targeted.

WAJA however observes that this undisclosed list of delinquent entities leaves the sector in a state of uncertainty and places a weapon in the hands of the Government to strike any station that is deemed unfriendly.

WAJA warns that this chilling operation by the government is ample indication that the LTA seems to lack the independence and sufficiency to regulate the broadcast sector – hence the need for reform.

“As it stands, the regulatory powers of the broadcast sector appears scatter between the LTA, the Ministries of Information and Justice, which opens the door for arbitrary and targeted actions,” added WAJA President, Peter Quaqua”

WAJA brings together 15 journalists unions/associations in West Africa.

Government of Liberia has an obligation and responsibility to promote space for Media by Reopening Radio LIB24 and Voice FM

Monrovia- August 26, 2016

Ladies & Gentlemen:

The Press Union of Liberia was set up to work towards adequate space for media and democracy to flourish in Liberia. We remain committed to pursuing this role! Nearly 52 years later, the challenges that attended the formation of the Press Union remains in Liberia. The irony of this is that Liberia is today led by a Nobel laureate, and an activist, who once stood up against forces seeking to intimidate media.

In keeping with this commitment, the Press Union of Liberia has been rather disappointed by a calculated ploy to close down several radio stations in the country or a still fazzled notion of regulations, registration and so forth. That has already been actualized by the closure of Voice FM and now Radio LIB24. This is unacceptable, a grand plan at intimidation, and at worst a tactic to beat the Liberian media into silence. All Liberians must condemn this!

The closure campaign has presented media space as an endangered environment which could, in the long term, lead to a censored and frightened media.

It is no secret that LIB 24 has a known partisan bent. In fact, this is the real reason for which our government, whose functions are supported by our taxes, must be cautious in addressing this situation.

By this action, the government has presented itself as an undemocratic and intolerant regime, pursuing schemes that are inimical to the principles of free expression and respect for divergent ideologies and views!

Pursuing tax and regulatory delinquency by shut-downs, when the very government is the largest player in the economy and the biggest debtor of media services, is double standard! This does not work in the interest of democracy! This does not support economic growth! And in fact, this adds to the economic imbalance, worsening unemployment and increasing anger level in a country barely off the fringes of a devastating civil conflict.

By continuously foot dragging in the payment of media bills, the Liberian Government has basically strangulated the media, effectively leaving the press largely unable to pay taxes. In this case, this government has lost out the moral high ground to demand compliance from the same media, which is unable to act due to the government’s inaction.

Otherwise, our government has an obligation of protecting everyone within these borders – irrespective of their thought patterns, their cooperation, their trade or otherwise!  

That circumstances have arisen that could see the closure of a media house, the government must now take the gauntlet, and assume its moral and legal obligation to evaluate its relations with the media, its responsibility to protect and promote democracy within and near its borders. In addition, the government is also obliged to take actions to revive whatever difficult economic and operating environment in which media exists.

By all means, and as an obligation to strengthen democracy and stability in Liberia, the government must be seen enabling divergent views as opposed to exacting punishments, especially for known dissenters. 

Otherwise, by taking deliberate actions to shut down – whether through the use of contested laws and regulations – the government has reminded us that the struggle to protect a free media landscape has never ended in the first place. Claims of the courts shutting down is as true today as it was with other vicious regimes like Charles Taylor, Tolbert, Tubman or even Doe!

But more so, the government cannot and has not been able to keep a straight face on this as their apologists simply cannot ignore the fact that Henry Costa uses the radio to insult and incite! This is so difficult in a regime that we put together to strengthen democracy as a basis of economic development. To insist upon insult crimes when government has made a global obligation to decriminalize speech tells two things – either the functionaries and advisors made the President sign unto these obligations without understanding what they went into or this was only a plan by yet another leader to play to the gallery of international best practice with no plan whatsoever to abide by it.

This becomes more appalling when both Madam President and Mr. Vice President – just in May of this year reiterated their support to work along with the Press Union to improve rights and opportunities for media to operate unmolested.

We have not given up on their obligations, but we will all the same continuously remind the government and other actors that this is a matter of our lives and we have no plans whatsoever to negotiate this. However, we are open to dialogues that recognize key principles of the right to speech, an obligation to decriminalize speech, the reality that technology is increasingly making it difficult to stop dissenting opinions – and that bad speech can be neutralized by more speech.

We challenge the government to say more things about its works, using all of the available channels and refrain from pursuing any course that seeks to limit any one or another on account of the offensiveness of their speech. This is just so appalling and does not support democracy!

We will restate our position that should the government recommit to ensuring compliance with laws and regulations, the Press Union are already a part of this conversation. And so, we welcome the latest comments by the Ministry of Information to pursue dialogue on the media future.

However, we insist! This must begin with the immediate reopening of the closed media houses, and you can be assured that we will play a large role in ensuring that all media houses comply with regulations that are not meant to limit the industry in size and thought! It must be clear that the Press Union of Liberia cannot be a part of any arrangement that is designed to limit the number and diversity of voices in Liberian society.

We therefore call upon the Government of Liberia to forthwith reopen the affected media houses and introduce measures that will ensure individual and institutional respect for and compliance with regulations.

Monrovia – Information Minister Lenn Eugene Nagbe has described the Political Leader of the All Liberian Party (ALP) Benoni Urey as a coward, who lacks the capacity to disturb the peace in Liberia.

Report by Edwin G. Genoway, Jr – edwin.genoway@frontpageonline.com

Minutes after the closure of LIB24, a local radio Station owned by Mr. Urey, the ALP political leader urged Liberians not to vote back in office the entire Unity Party team, describing them as criminals.

Urey noted that he will do everything legally possible for the re-opening of his Radio station. He described the closing of his radio station as crackdown and muzzling of free speech and the press.

“We will do everything within the confines of the law to ensure that our constitutional rights are protected. We will resist any draconian attempt by this government to further muzzle the free press in the hope of advancing their 2017 political agenda,” he said.

He also wrote on his Facebook page that enough is enough, saying, Liberians have been patient and have played their part in ensuring that there is peace and stability in Liberia.

“I, Benoni Urey, say enough is enough. We have been patient; we have played our part in ensuring that there is peace and stability in Liberia, we will do everything within the confines of the law to ensure that our constitutional rights are protected. We will resist any draconian attempt by this government to further muzzle the free press in the hope of advancing their 2017 political agenda,” he wrote.

He also described the closing of his station as government way of going after opposition bloc.

”We know what they are doing, they only one to silence the opposition bloc, but my fellow Liberians, come 2017 let vote those rogues out, fellow Liberians, instead of our national security apparatus working to curb the alarming rate of armed robbery in the country, which has become a nightmare for our citizens, they spent their time at a meeting to plot on how to crackdown on freedom of speech, yet again”, said Urey.

He furthered wrote:  “The government shut down my radio station, LIB24 FM, under heavy ERU Police and NSA presence, we all know that the real reason for the shutdown of both Voice and LIB24 TV & FM is not because of its failure to comply with requirements, but because of our critical stance against the government on National issues,” he wrote.

He noted that the closure of his station brings back fresh memories of previous elections.

“In 2011, when I openly supported CDC in the Presidentsial elections and allowed my institution to be a voice of the opposition, the same station was bombed by pro-government agents,” he noted.

But the Liberian government reacting to Mr. Urey’s allegations, the Minister of Information Nagbe challenged Mr. Urey to disturb the country’s peace if he (Urey) claims that he has such capacity.

“some of us know that Urey is a coward who does not have the capacity to disturb the peace of Liberia, he will only say it to those who do not know him, where was him when the guns were firing in Gbarnga, he was nowhere, but I challenge Urey to disturb this peace,” he noted.

Speaking on a local radio Talk Show on Prime FM, Minister Nagbe commented on the closure of LIB24 saying the management of the station was in awareness of a process to force compliance and settle fees owed government over the past five years.

The Minister however denied that the station was closed owing to the fact that it hosted the Costa Show of Controversial Talk Show Host Henry Costa.

Minister Nagbe explained that the Management of LIB24 used Mr. Costa as a collateral damage for a purpose of what he calls human shielding.

He said the transfer of name from Love FM to LIB24 was illegal, without an amendment of article of incorporation an assumption of liability for Love FM.

Monrovia – Following the closure of LIB24 and Love TV Channel 7 based upon a petition of declaratory Judgment from the Liberia Telecommunications Authority through the Ministry of Justice, a civil society organization has described the closure as an attempt by the government to silence critical voices.

Coalition of Civil Society Institutions in Liberia (COCSIL) in a statement indicated that the closure is muzzling of the press and a clampdown on free speech.

“The Coalition of Civil Society Institutions in Liberia views the closure of these media institutions as muzzling of the press, clampdown on free speech. The manner and nature through which these media institutions were closed speak to the fact that the government actions is geared toward silencing critical voices and information provided to our people”, the group stated.

According to the group, it is mindboggling and breathtaking for Presidents Sirleaf who ascended to the Liberian presidency on promise of protecting democratic tenets to continue what it is terming as broad day closure of media institutions, thereby undermining the democracy with its attending tenets.

Ahead of 2017 general and Presidential elections, the group noted that it is time for free speech and level playing field so as to avoid reverting the national existence to conflict and chaos.

No legal basis for Speaker’s Recusal

The statement signed by Prince Kromah, National Secretary General and Theophilus Williams, National Chairman stated that the argument advanced by the lawmakers lacks legal basis.

“The Coalition of Civil Society Institutions strongly believes that the argument advanced by these lawmakers lack legal basis and thinks that the issue of recusal is voluntary and cannot be coerced. Here, we therefore condemn their action”.

The group described the call for the Speaker to recuse himself as a smear political campaign and a master plan orchestrated by some to make the legislature dance to the whims and caprices of the presidency.

“We wish to categorically state that calls for the Speaker’s recusal are a smear political campaign and a master plan orchestrated by some to make the legislature dance to the whims and caprices of the Presidency; something that amounts to imperial presidency and render the legislature rubber stamp.

COCSIL calls on members of the House calling for the recusal of Speaker Tyler to abandon said calls. Presidents Sirleaf is using them to accomplish her agenda ahead of the 2017 elections”, the group declared.

On the issue of the recent shooting incident in Bomi County, the group observed that the incident indicates that the failure of the government to provide clear information shows that the Sirleaf-Boakai government has failed in its responsibility to provide security for its people.

“The Bomi shooting is a plot by the government to accuse opposition political party or key opposition stakeholders that they want to bring war. We detest their barbaric strategy from this government COSIL therefore calls on the Liberian government to thoroughly investigate the shooting incident and inform the Liberian people of the unfolding”, the group added.

The group has threatened to lead a protest if the Government fails to reopen LIB 24.

“We will lead a populist people movement or protest if the government of Liberia fails to unconditionally reopen the people voices”, the statement continued.

The Ministry of Information, Culture and Tourism has maintained that station failed to regularize its status.

In a statement, MICA declared that in addition to the station’s failure to regularize its status in keeping with the law, Sarafina Ventures and Communications Inc. (Love FM 105.1 and Love TV Channel 7) unilaterally and without prior written consent of the LTA, transferred the frequency to another corporation, LIB-24. 

MICAT noted that unilateral transfer of the frequency to LIB24 without the expressed consent of the LTA is in violation of Part VI, Section 25(1) and Part IV Section 15(1)b of the Telecommunication Act of 2007 that states “individuals, groups, or institutions opting to own and operate any telecommunications network, or provide a telecommunications service, must be granted a License or Frequency Authorization by the LTA, in addition to a permit issued by the Ministry of Information.”

Monrovia – The Press Union of Liberia is appalled by the closure of Radio LIB24. This is an unacceptably intimidating tactic meant to muzzle the Liberian media into silence, and must be condemned by all sectors of Liberia.

Lest we forget, the closure of LIB 24 is the second action against a media house within a few weeks, and has presented media space as an endangered environment. In the long term, this will lead to a censored and frightened media.

Given LIB 24’s known partisan bent, “by this action, the government has presented itself as an undemocratic and intolerant regime, pursuing schemes that are inimical to the principles of free expression and respect for divergent ideologies,” PUL Presidents K. Abdullai Kamara intoned.

Furthermore, the government’s claim of pursuing tax and regulatory delinquency in this latest clamp down is at most double standard, when the same government is the largest player in the economy and the biggest debtor of media services.

“By continuously foot dragging in the payment of media bills, the Liberian Government has basically strangulated the media, effectively leaving the press largely unable to pay taxes,” Kamara maintained. In this case, this government has lost out the moral high ground to demand compliance from the same media, which is unable to act due to government inaction.

This scenario therefore places the government under a moral and legal obligation to evaluate its relations with the media more in terms of resuscitating the difficult economic and operating environment in which media is struggling to survive.

On the other hand, and in line with strengthening democracy and stability in Liberia, the government must be seen enabling divergent views as opposed to exacting punishments, especially for known dissenters. 

“This episode simply reminds us that the fight for a free press regime in Liberia has always considered successive regimes using so call judicial actions to silence opposing or divergent views. For once this must stop, if we need to push our peace and democracy to the realm of progress,” Kamara warned!

If the government is truly sincere about ensuring compliance with laws and regulations, the Press Union is available to join this conversation. However, it must be clear that the Press Union of Liberia cannot be a part of any arrangement that is designed to limit the number and diversity of voices in Liberian society.

We therefore call upon the Government of Liberia to forthwith reopen the affected media houses and introduce measures that will ensure individual and institutional respect for and compliance with regulations.

Monrovia – The spree of shutting media institutions by the Government of Liberia under the guise of failure to pay taxes continues unabated as two more media institutions have been shut down following the closure of Voice FM recently.

“Enough is enough—this is muzzling of the free press, because of critical stance on issues, Lib 24 on 105 FM and shata FM were shut down today by heavy police presence. We will do everything within the confines of the law to ensure that our rights are protected”-Benoni Urey, political leader, All Liberian Party and owner of Lib 24 and Shata FM

On Saturday, officers from the Emergency Response Unit (ERU) of the Liberian National Police barricaded the premises of LIB 24 radio on 10^th Street in Sinkor as the station was shut down. The radio station owned by opposition politician Benoni Urey was shut down along with its affiliate Shata FM located in rural Montserrado County.

While the Government used such large number of police to effect a court order when there was no indication of resistance to require force remains to be known but Urey later held a press conference where he displayed copies of tax payment receipts issued by the Liberia Revenue Authority.

The shutting down of the two media institutions Saturday comes in the wake of similar occurrence about a month ago when Voice FM was also shut down based on a petition through the court from the Liberia Telecommunications Authority against the operations of the station.

“Look at all these papers, we have been paying all our taxes and we even paid for the annual application fee to the Ministry of Information, so this is about muzzling the press, the Minister of Information is Secretary General of the ruling Unity party and is closing down media institutions owed by opposition”, said Urey.

He says Information Eugene Nagbe serving as Information Minister and Secretary General of the ruling party means he will use his position in government to suppress opposition institutions for undue advantage to the ruling party.

“This is why we saw the shameless violation of the Code of Conduct which was encouraged and condoned by President Sirleaf and the Unity Party”, said Urey.

Urey said it is unthinkable for his media institutions to be held over payment of taxes, expressing that he has been patience for long over what he is describing as the draconian attempt by the government to silence the critical media in order to push its agenda in 2017.

“Enough is enough, I have been patience but will do everything within the confines of the law to ensure that our rights are protected”, said Urey.

According to the presidential hopeful, the closure of critical media institutions that are exposing corruption and other ills in the Liberian society is an indication that the opposition will be given unfair treatment.

Manipulation of lawmakers

Urey also said there are glaring evidence that the President is manipulating lawmakers to remove Speaker Alex J. Tyler by giving money to lawmakers.

“There is evidence as many lawmakers have spoken that bribe is being paid by the Executive to remove Speaker Tyler, even the speaker has said that, we are urging lawmakers to respect the law”, he added.

Urey wants President Sirleaf whom he said has failed over the years to develop key areas to now use the remaining time of her regime to fight corruption and provide basic services to the Liberian people including education, health care, strengthening the economy, amongst others.

The ALP political leader says Liberians are dying due to the poor health care delivery system with the John F. Kennedy medical Hospital being poorly managed.

Chasing Costa?

LIB 24 was closed shortly after popular talk show host Henry Costa began broadcasting on the station.

Costa whose popular radio program, the Costa Show which was aired on Voice FM has been off the air due to the closure of the station took to LIB 24 further airing his critical talk show.

In one of his recent shows on LIB 24, Costa identified individuals whom he said are the mystery Big Bog 1 and Big Boy 2, all codenamed in a Global Witness report that is now a subject of criminal indictment against several individuals in Liberia.

Costa was the owner of Voice FM which was shut down and a court proceeding is now taking place.

The State is claiming that Voice FM has been operating illegally prior to its closure but the shutting down of LIB 24 weeks after Costa began broadcasting his talk show is raising concerns that the government could be going after the talk show host for his stance against many issues in the country.

During the protest against the closure of Voce FM Costa vowed that closure of Voice FM will not silence him, promising that his talks] show will still be on the air to enlighten the Liberian people.

Now that LIB 24 has been closed down, the big question is where next for the Costa show but Urey hinted that online radio is another option.

Not many ordinary Liberians use the internet but in the urban cities like Monrovia, there are growing number of internet users due to the low cost of internet as a result of offers from the GSM service providers.

One source told FPA that Urey has failed to pay his license fees and taxes since 2009.

“He got two invoices Feb and April. He switched corporations to avoid taxes but you can’t transfer license except with LTA approval”, the source said.

It can be recalled that in 2015 the Liberia Revenue Authority using a court order shut down Love FM for reported failure to pay taxes.

Radio station Status not regularized

Meanwhile in a statement, the Ministry of Information, Culture and Tourism stated that the Civil Law Court has effectuated the closure of Sarafina Ventures and Communications Inc. (Love FM 105.1 and Love TV Channel 7) based upon a Petition of declaratory Judgment from the Liberia Telecommunications Authority through the Ministry of Justice.

According to a statement issued by the Ministry of Information, Cultural Affairs and Tourism, the closure of the station is predicated upon the fact that since its establishment in 2009, Love FM 105.1 has not regularized its status in keeping with Part V, Section 16(2) of the Telecommunications Licensing Authorization Regulations (LTA-REG-001) which says in part “ that a license issued by the LTA under the regulation is for a period of one calendar year and under terms and conditions to include renewal upon expiration, to make full payment of the license and annual registration fees to the Government of Liberia.” 

MICAT further states that in addition to the station’s failure to regularize its status in keeping with the law, Sarafina Ventures and Communications Inc. (Love FM 105.1 and Love TV Channel 7) unilaterally and without prior written consent of the LTA, transferred the frequency to another corporation, LIB-24. 

The unilateral transfer of the frequency to LIB24 without the expressed consent of the LTA is in violation of Part VI, Section 25(1) and Part IV Section 15(1)b of the Telecommunication Act of 2007 that states “individuals, groups, or institutions opting to own and operate any telecommunications network, or provide a telecommunications service, must be granted a License or Frequency Authorization by the LTA, in addition to a permit issued by the Ministry of Information.”

Further stated MICAT: “The Government regrets that in the wake of the democratic atmosphere prevailing in the country with media pluralism at its core, a media institution like the Love FM will woefully engage in circumventing the established rules and procedures governing the communications sector, thereby defrauding the government of more than US$50,000.00 over the period of five years”.

The government said that prior to resorting to court action, there had been a series of discussions and exchange of communication over several months with the management of Sarafina Ventures & Communications Inc. imploring the corporation to accede to the requirements, pay the required fees and legitimize its operations.

The statement further said that it is the duty of the LTA as a regulatory agency to ensure that the public interest is protected against the abuse and illegal use of spectrum in Liberia.

 With over 50 Radio Stations now broadcasting in Liberia, the government re-emphasizes the urgent and critical need for strict adherence to spectrum management laws and procedures to avert chaos in the broadcast media landscape.

Monrovia – The Civil Law Court has effectuated the closure of Sarafina Ventures and Communications Inc. (LOVE FM 105.1 and Love TV Channel 7) and LIB 24 Radio operated by LIB 24 Incorporated, based on a Petition for Preliminary Injunction growing out of a Petition for Declaratory Judgment filed by the Liberia Telecommunications Authority (LTA) through the Ministry of Justice.

A statement issued by the Ministry of Information, Cultural Affairs and Tourism said the closure of the station is predicated upon the fact that Sarafina Ventures and Communication Inc. (Love FM 105.1) has not regularized its status nor paid its license and other fees for over 5 years in keeping with relevant provisions of the Telecommunications Licensing Authorization Regulations.

LTA regulations also require that any use of radio frequencies must be in accordance with a valid radio spectrum license or radio frequency authorization.

MICAT further states that in addition to the station’s failure to regularize its status in keeping with law, Sarafina Ventures and Communications Inc. (Love FM 105.1 and Love TV Channel 7) unilaterally and without prior written consent of the LTA, transferred the frequency 105.1 to another corporation, LIB-24 Incorporated which operated LIB 24 Radio prior to the closure. 

The unilateral transfer of the frequency 105.1 to LIB24 Inc. without the expressed consent of the LTA is in violation of Part VI, Section 15(1) and Section 20 of the LTA Regulations 0001(2008) which provides that “any Licensee wishing to transfer ownership or control of the License shall apply to the LTA in writing at least ninety days prior to the proposed date of transfer, or such other period as may be determined by the LTA”.

The Government regrets that in the wake of the democratic atmosphere prevailing in the country with media pluralism and freedom at its core, a media institution like the Sarafina Ventures and Communication Inc. (Love FM) will woefully engage in circumventing the established rules and procedures governing the communications sector, and defrauding the government of more than US$50,000.00 in unpaid fees.

The government said that prior to resorting to court action, there had been series of discussions and exchange of communications over several years with the management of Sarafina Ventures & Communications Inc. during which it implored the corporation to accede to the requirements, pay the required fees and legitimize its operations.

Several invoices were delivered to Sarafina Ventures & Communication requesting payment over a number of years, but it failed to do so.

Nevertheless, Sarafina Ventures and Communications Inc. proceeded to transfer the license and or frequency to LIB 24 Incorporated even though it was no longer legitimately assigned the frequency nor received authorization to do so in keeping with law.

The statement further said that it is the duty of the LTA as a regulatory agency to ensure that the public interest is protected against the abuse and illegal use of scarce and finite spectrum resources in Liberia.

With over 50 Radio Stations now broadcasting in the country, the government re-emphasizes the urgent and critical need for strict adherence to spectrum management laws and procedures to avert chaos in the broadcast media landscape.

Monrovia – The Civil Law Court at the Temple of Justice on Friday, July 29, formally shutdown the Voice FM Radio Station of one of Liberia’s lead political commentators Mr. Henry Costa.

Report by Kennedy L. Yangian – kennedylyangian@frontpageafricaonline.com

The court’s presiding Judge, Yussif Kaba, reached the decision after denying and dismissing a motion filed by lawyers representing the station on July 4, asking the court to lift a preliminary injunction placed on the station.

In his ruling Judge Kaba said the ruling followed a careful perusal of a preliminary injunction on the station’s operation by state lawyers through the Liberia Telecommunications Authority, LTA and the Ministry of Justice.

Judge Kaba noted that he was acting on facts gathered that the telecommunications regulatory agency, LTA, did not issue any license in the name of Voice FM 102.7 for the operation of radio communication equipment or for use of frequency 102.7.

He said the court was of the opinion that the injunctive order requested by state lawyers ought to be maintained pending the outcome of the main declaratory judgment proceeding against the Voice FM.

“Wherefore and in view of the foregoing, the court hereby denies and dismisses the motion to vacate the preliminary injunction and by that, hereby makes permanent the injunction issued until the outcome of the petition for a declaratory judgment” he said.

Montserrado County Attorney Daku Mulbah leading a team of state lawyers on behalf of the LTA and the Ministry of Justice, early July petitioned the court for an injunction and a declaratory judgment; seeking for the station to be shutdown, on grounds that it had hijacked the frequency of another radio station, Web FM.

ccording to the LTA the license and frequency was given to Web radio for only a year to operate and was not to be transferred or given out to another station or ownership as the station did in violation of the LTA act.

Meanwhile, Cllr. Tiawon Gongloe, lead lawyer representing the Voice FM have excepted to the ruling on the motion for injunction and now awaiting the outcome of the second motion for declaratory judgment which also currently before the court.

The station’s lawyers have denied that the Voice FM 102.7 hijacked the frequency of Web Radio, indicating that there was a change of leadership of the Web Radio where the LTA was informed as well as the Ministry of Information where bills were prepared and the Voice FM Management paid saying it was the Ministry of Information that failed to give the Voice FM permit.

The station’s lawyers also argued that during the closure of the station by court officers, an amount of US$800, 00 and LD$30,000 and a laptop were taken away by the court officers, a claim the Judge has promised to investigate shortly.

Following the ruling, the defunct Voice FM 102.7 station’s manager Henry Costa told hundreds of sympathizers he was highly disappointed.

Addressing his supporters outside of the court under a heavy downpour, Costa indicated that the ruling was no surprise to him saying the court is not a place of justice.

“You can take your frequency but not our talk show, let me assure every Liberian by Monday morning at 7: am; the Costa Show will be live on another station FM 105.  What I wish to ask the court now is that they should give back our equipment” said Costa amid applauses from his sympathizers.

Monrovia–The Civil Law Court at the Temple of Justice in Monrovia will on today, Friday, July 29, decide whether the Voice FM radio station of lead critical political commentator, Henry Costa should resume broadcast or remain closed.

The station was shut down early July based on an injunction and a declaratory judgment petitions filed before the same court by and through the Liberia Telecommunications Authority (LTA) and the Ministry of Justice.

The LTA claimed the petitions were based on the fact that the station was operating illegally and that it had been using the assigned frequency of another radio station.

In the two petitions the LTA thru the Ministry of Justice asked the court to place an injunction on the operation of the station, thereby praying the court for authority to have the station closed down which was granted.

The LTA further in its petitions that the frequency 102.7 which the station operated was assigned to another radio station, Web FM and that the license and frequency of the Web FM was only intended for a period of one year operation and not to be transferred to another radio station as it had done.

“The frequency 102.7 was issued to Web FM for a period of one year and was not to be transferred to another radio station” said the LTA petition filed to the Civil Law Court at the Temple of Justice on July 4, 2016.

During recent argument weeks after the station’s closure, lawyers representing the Voice FM however asked the court to lift the injunction because said injunction cannot be enforced against the station after the management has filed a valid bond.

“You cannot have the station closed when we have filed a valid bond, the bond was filed against the writ of injunction for the station to be opened while we argue the merits and demerits’ of the declaratory judgment” said the station’s lead counsel, Cllr. Tiawan Gongloe.

But state lawyers led by Montserrado County Attorney, Cllr. Daku Mulbah asked the court not to lift the injunction, arguing that the station has been operating illegally in the country.

The state lawyers further challenged the station to provide proof of its legal status and registration document from the Ministry of Information and a license from the Liberia Telecommunications Authority (LTA) granting it the rights to operate in the country.

 Today’s ruling by Judge Yussif Kaba will determine whether the injunction on the station by the court not to operate will be lifted or remain in force.

The Voice FM 102.7 is owned and operated by Costa, a political commentator who had a talk show named; the “Costa Show” with admiration from many Liberians due to the highly critical nature of issues he had discussed.

Monrovia – Lawyers representing the Management of Voice FM which was shut down by the court have pleaded with the Judge of Civil law Court,  to quash a writ of injunction issued against the radio station and ordered the reopening of the station while the legal process continues.

Cllr. Tiawon Gongloe argued that two separate writs were issued against the radio station including a writ of injunction and a writ of declaratory judgment.

Appearing in defense of the station, the lawyer stated that a valid bond has been filed which was not resisted by the State and as such the writ of injunction should be lifted while legal proceedings continues for the writ declaratory judgment.

“You cannot have the station closed when we have filled a valid bond. The bond was filed for the writ of injunction so, the station must be opened as we argue the writ of declaratory judgment”, Cllr. Gongloe told the court.

But in counter argument lawyers representing the state including Montserrado County Attorney Cllr. Daku Mulbah argued that the station is not legally registered and should not be reopened.

State lawyers challenged the station to provide proof of its legal status including legal registration documents including official permit from the Ministry of Information, Culture and Tourism, and a license from the Liberia Telecommunications Authority before the court.

Judge Yusif Kaba reserved ruling into the issue for a later date.

The station was shutdown in early July after the Liberia telecommunications filed a writ of injunction against the operations of the station.

“Wherefore and in in-view of the foregoing petitioner prays your honor for the issuance of the writ of preliminary injunction against the respondent to prohibit refrain and enjoin” stated the petitioner’s petition filed on July 4, 2016.

A second writ was again issued against the station based on complaint from the Liberia Telecommunications Authority.

In the petition for Declaratory Judgment the Liberia Telecommunications Authority (LTA) Petitioner versus The Management of Voice FM 102.7, by and through their authorized representatives and all operating under their authority, respondents, the court mandated the Sheriff to summon the station.

In a writ of summons issued by Judge Yusif Kaba, the court ordered Captain Fofie V. Kamara, Deputy Sheriff for Montserrado County to summon the respondent.

The court issued an injunction and closed shutdown the station simultaneously.

In a writ of Preliminary Injunction the station was shut down, the writ ordered the station to refrain from further broadcasting while at the same time ordering the seizure of all accessories belonging to the station.

“You are hereby commanded to enjoin, retrain and prohibit the above-named Respondents from further engaging in broadcasting on the frequency 102.7 F.M. the Sheriff is ordered to also take possession and custody of any equipment and/or accessories used by the Respondent for the purpose of broadcasting pending the final determination of the petition for Declaratory Judgment out of which this Petition grows until otherwise ordered by this Court”, the preliminary writ of injunction stated.

Henry Costa, owner of Voice of FM who was residing in the United States at the time of the closure returned to the country with a vow to ensure that the station is reopened.

Costa led a group of Liberians where they presented a statement to the United States embassy in Monrovia calling on the embassy to intervene and ensure the reopening of the station.

Monrovia – Issues of freedom of the press and free speech continue to face obstacles in Liberia despite Liberia signing the Table Mountain declaration and other international instruments that support freedom of expression.

Lawsuits against journalists and media institutions continue to be on the increase and what is seen as attempts to muzzle free press are taking place under a regime that is boasting of press freedom and free speech as one of its major achievements.

In early July, the Liberia Telecommunications Authority (LTA) by and thru the Ministry of Justice shut down the Voice FM Radio Station owned and operated by political commentator Henry Costa without to closure order from the court.

Costa who was residing in the United States at the time of closure announced that he was returning to Liberia to fight for freedom and ensure the reopening of the radio station which many Liberians believe is fearless on reporting issues of corruption and other negative vices in the Liberian society.

Some doubted that Costa would return to a country where there is high level of resentments by those at the helm of power against his talk show, the Costa Show but the commentator arrived home amid rapturous welcome from some Liberians who gathered at the Roberts International Airport to welcome him back home.

I come in peace

When Costa announced that he was on his way to Liberia, it was predicted by some that his action could lead to his arrest but he declared that his return was peaceful.

“To those who think that I came home to make trouble, I say unto you, worry not, for I come in peace”, Costa stated upon return.

Supporters of Costa gathered on main streets a day after his return knowing where they marched to the United States Embassy and presented a statement calling on the US government to pressure the Government of President Ellen Johnson Sirleaf in ensuring freedom of press and free speech in Liberia.

Costa has vowed that he will continue to push for freedom of press and free speech in Liberia until the government can provide the free space for people to express their views freely.

He is describing the process as a long journey to freedom but has vowed to ensure that his advocacy becomes a success.

Several Liberians have been expressing support to Costa since his return to the country as many turned out in their numbers to support Costa.

Some Liberian lawyers have also pledged support to Costa to also use the legal process in getting Voice FM back on the air.

The LTA is claiming that Voice FM does not have valid license to operate as a radio station in Liberia.

The LTA thru the Justice Ministry further stated in its petition that at no time did it authorized the transfer of Liberia Web Radio License to Voice FM 102.7 neither did it issue a license to Voice FM 102.7

“Wherefore and in in-view of the foregoing petitioner prays your honor for the insurance of the writ of preliminary injunction against the respondent to prohibit refrain and enjoin” stated the petitioner’s petition filed on July 4, 2016.

Injunction, seizure simultaneously  

In a writ of Preliminary Injunction served on the same Monday morning the station was shut down, the writ ordered the station to refrain from further broadcasting while at the same time ordering the seizure of all accessories belonging to the station.

“You are hereby commanded to enjoin, retrain and prohibit the above-named Respondents from further engaging in broadcasting on the frequency 102.7 F.M. the Sheriff is ordered to also take possession and custody of any equipment and/or accessories used by the Respondent for the purpose of broadcasting pending the final determination of the petition for Declaratory Judgment out of which this Petition grows until otherwise ordered by this Court”, the preliminary writ of injunction stated.

This is not the first time Costa is facing such situation as he has been arrested and put to prison in the past.

While Costa has many admirers some believe is too abuse on his early morning talk show. Critics of Coast say he at sometimes engaged in discussing the personal lives of individuals.