Published: November 21, 2024
MONROVIA — Criminal Court ‘A’ Judge Roosevelt Z. Willie has fined senior Justice Ministry officials $500 each and threatened them with jail time for defying multiple court orders by unlawfully transferring defendant Ibrahim Cherif to Guinea.Cherif was charged with mercenarism, armed insurrection, criminal conspiracy, criminal facilitation, and criminal solicitation.
In his ruling on Wednesday, November 20, 2024, Judge Willie declared that the actions of state prosecutors violated both local and international laws. The government had transferred Cherif to Guinea despite multiple release orders from the court, including one issued by Chambers Justice Yamie Quiqui Gbeisay. Prosecutors claimed national security concerns as justification for their actions, which the judge dismissed as baseless and unlawful.
“For interfering with the administration of justice, refusing to produce the defendant, and defying court orders to release him on bail, the prison superintendent, Varney Lake; Solicitor General, Cllr. Augustine Fayiah; Assistant Minister for Litigation, Jerry Garlawolu; and Montserrado County Attorney, Richard Scott Jr., are each fined $500. The fines must be paid into the Judiciary account by Monday, November 25, 2024, at 2:00 PM, or they will face arrest and imprisonment,” Judge Willie ruled.
Judge Willie criticized the government’s justification for transferring Cherif, citing the Supreme Court’s precedent in the case of former Defense Minister J. Brownie Samukai. The court had previously ruled that subordinates are obligated to resist directives from superiors if such orders violate the law.
“The excuse of national security to justify this blatant violation of human rights and international protocols is unacceptable,” the judge stated. He emphasized that Liberia’s actions undermined the country’s commitments as a signatory to various international human rights agreements.
The court further ruled that while the Justice Ministry officials would face sanctions, the Independent Human Rights Commission (IHRC), represented by its chairperson, Cllr. Dempster Brown, could seek civil remedies against the government for its actions.
Cllr. Brown, who filed the writ of habeas corpus on behalf of Cherif, described the Justice Ministry’s conduct as an affront to human rights and a violation of international standards. He argued that the government’s decision to transfer Cherif was inhumane and called for the court to compel the Ministry to account for the defendant’s whereabouts.
Prosecutors had accused Cllr. Brown of forging signatures of his colleagues at the IHRC to file the writ. However, Brown dismissed the allegation, challenging prosecutors to provide evidence. “If they believed the signatures were forged, why didn’t they raise this during the hearing?” he questioned.
In a dramatic twist, County Attorney Richard Scott Jr. admitted that the government had surrendered Cherif to Guinea on November 14, 2024, citing a bilateral agreement between the two countries. The transfer occurred on the same day arguments were held in court, highlighting a deliberate disregard for judicial authority.
Judge Willie found the admission troubling, stating, “Only the court has the authority to jail or release individuals. The Justice Ministry’s unilateral actions are a blatant violation of this principle.”
The Justice Ministry was represented by Solicitor General Cllr. Augustine Fayiah, Assistant Minister Jerry Garlawolu, County Attorney Richard Scott Jr., and Cllr. Adolphus Karnuah, Director of Civil Litigation. Cheriff’s defense team included Cllr. Dempster Brown, former Associate Justice Mohammed Kabineh J’aneh, and Cllr. Saymah Syrenius Cephas.
Cllr. Cephas argued that the Justice Ministry’s defiance of court orders warranted more severe sanctions, including jail time for the officials involved.
Judge Willie concluded by holding the Justice Ministry officials in contempt of court for their deliberate defiance and interference in the administration of justice. He noted that their failure to comply with the fines by the stipulated deadline would result in immediate imprisonment.
The case has drawn widespread attention, with human rights advocates calling for greater accountability and respect for the rule of law in Liberia.
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