Published: June 20, 2025
Temple of Justice, Monrovia – Criminal Court ‘A’ Resident Judge Roosevelt Z. Willie has ordered Magistrate Ben L. Barco of the Monrovia City Court to resume jurisdiction over the contested bail bond in the case involving former House Speaker J. Fonati Koffa and three co-defendants.
Judge Willie issued the instruction after determining that the matter was not properly before the circuit court. “This Court cannot and will not hear a matter that is not properly venued before it,” he ruled. “Because it was not the fault of the prosecution, the matter will be returned to the magistrate court for hearing.”
The order mandates Magistrate Barco to convene a hearing on the exception to the criminal appearance bond between Friday, June 20, and Tuesday, June 24, 2025, and to submit findings to Criminal Court “A” no later than Wednesday, June 25.
Jurisdictional Issues Raised
The controversy stems from the prosecution’s June 12 filing of an exception to the bond posted by Koffa and his co-defendants to secure their release from the Monrovia Central Prison. The bond had been submitted before the Monrovia City Magisterial Court but was not adjudicated prior to the case file being transferred to Criminal Court “A” on June 13.
During argument, defense attorney Michael Wilkins Wright contended that the circuit court lacked jurisdiction because the bail bond and the prosecution’s exceptions were never ruled upon at the magisterial level. He maintained that the prosecution, having failed to ensure that the magistrate addressed their exceptions, effectively waived their right to contest the bond.
“The magistrate, not having been moved to hear the exceptions, forwarded the case file to this court. As such, this court, absent an indictment or its own writ of arrest, lacks jurisdiction to rule on the exceptions,” Wright argued. He urged the court to reject the prosecution’s challenge and uphold the bond.
Judge Upholds Lower Court’s Jurisdiction
Judge Willie agreed that the matter was not properly before his court. In his ruling, he emphasized that, under Liberian law, a circuit court cannot assume jurisdiction over a matter still pending before a magistrate unless the transfer is made through a legally acceptable process—such as an appeal or post-ruling exception.
He said the exceptions to the bond must first be addressed by the magistrate before the circuit court can intervene. “Our law says it is procedurally wrong for the magistrate to have transferred the matter without first making a determination. The party who did not move the magistrate cannot suffer waiver or laches,” Judge Willie stated.
Clerk’s Role Clarified
The judge also addressed claims about the authenticity of the bail bond, clarifying that the court clerk who signed the document was also a Justice of the Peace authorized to validate such instruments. “When he does that, he gives it to the party who brought it,” Judge Willie noted.
Prosecution Responds
In its rebuttal, the prosecution argued that it complied with the three-day statutory requirement for filing exceptions to the bond and that the defendants also responded within the legally mandated timeframe. Prosecutors maintained that because the bond and all related pleadings were transmitted to Criminal Court “A,” the circuit court had jurisdiction to hear and decide the matter.
The state also criticized the magistrate for failing to act on the exceptions prior to transferring the case file. “When the case was called on June 13 for final ruling on the preliminary examination, the prosecution did not remind the magistrate about its pending exceptions, nor did it request an assignment for hearing. This procedural lapse should not invalidate the prosecution’s right to challenge the bond,” they argued.
Judge Willie concluded that while the magistrate should have ruled on the exceptions, the prosecution did not forfeit its rights. However, he ruled that the appropriate course of action is for the City Court to first determine the sufficiency of the bond.
Accordingly, the court clerk has been directed to return the bond, the exception, and the defense’s resistance to Magistrate Barco for hearing. Both prosecution and defense noted their exceptions to the ruling and indicated their intention to pursue remedies allowed by law.
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