Published: September 12, 2025
MONROVIA — An instructor at the University of Liberia charged in the Ecobank armed-robbery case is requesting Criminal Court ‘A’ to pause proceedings and allow for his temporary release to undergo a psychiatric evaluation, citing that longstanding mental illness makes him unfit to stand trial.
Defense counsel for Fobay Emery Johnson filed a Bill of Information on September 8, asserting that Johnson has been under treatment for diagnosed mental-health conditions and is dependent on daily medication. Judge Roosevelt Z. Willie heard arguments from both sides on September 11 and has set ruling for Friday, September 12.
Defense lawyer Jura W. Lynch told the court that Johnson’s medical history included a 2018 ELWA Hospital diagnosis of generalized anxiety disorder, treated with anxiolytics and Neurobion, as well as a 2021 evaluation at a facility in Cyprus diagnosing bipolar disorder with symptoms of depression, anxiety, and mania. He argued that, under Section 6.1 of the Criminal Procedure Law, no defendant who lacks the capacity to understand the proceedings or to assist in his defense due to mental illness may be tried or sentenced while that incapacity persists.
Lynch further pointed to Supreme Court precedent, including Gartargar v. Republic (1934) and Joe Weah v. Republic (1988), to argue that once a defendant’s sanity is in doubt, the court is obligated to order an evaluation. He asked Judge Willie to order a mental-capacity assessment, suspend the proceedings, and grant Johnson a temporary compassionate release to undergo a comprehensive psychiatric evaluation.
The prosecution strongly opposed the motion. She urged the court to dismiss the Bill of Information as procedurally improper, arguing that the device is meant to alert a court, typically the Supreme Court, that its mandate is being improperly carried out, not to litigate a competency claim during a trial. The prosecutor referenced a series of Supreme Court opinions emphasizing that a Bill of Information is only applicable when the matter is pending before or decided by the issuing court, and when there is an obstruction of its mandate.
Regarding the substance, the prosecutor argued that historical diagnoses alone do not establish current incompetency. According to Sections 6.1 through 6.4 of the Criminal Procedure Law, she explained that competency is a judicial decision based on evidence of present incapacity, not outdated medical records. She pointed out that Johnson’s alleged conduct, planning, and carrying out an armed robbery, including traveling to Gbarnga to get a firearm, demonstrate rational, goal-oriented behavior that is inconsistent with claims of incompetence. Without visible impairments in court or evidence that Johnson cannot consult with his lawyer, she added, there is no reason to halt the case.
Meanwhile, Judge Roosevelt Z. Willie has set this Friday, September 12, 2025, to rule on the Bill of Information.
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