MONROVIA — Criminal Court ‘A’ at the Temple of Justice on Thursday affirmed the marriage between Kemah S. Yancy and Bernard G. Tuolee, upholding an earlier ruling from the Paynesville Magisterial Court. The court also found Tuolee liable for bigamy and persistent non-support, though it reduced his sentence from eight months to three months.
Tuolee had appealed the Magisterial Court’s 2024 ruling, arguing that since the couple’s marriage certificate could not be located in the records of the Center for National Documents and Records Agency (CNDRA), the marriage was not legally valid. He claimed that despite a church ceremony in the presence of witnesses, the absence of official documentation invalidated the union.
Tuolee also denied marrying Lorpu Sumo but admitted that their wedding was “in process.”
In its ruling, the court stated that Tuolee’s own admission of preparing to marry Sumo—while still legally committed to Yancy—constituted a substantial step toward bigamy, a first-degree misdemeanor under Chapter 16.1 of Liberia’s Penal Code.
“By engaging in a wedding process with another woman while still bound in a marital relationship, the crime of bigamy lies,” the court stated.
Key Rulings
- The ruling of the Paynesville Magisterial Court on bigamy and persistent non-support was affirmed.
- Tuolee’s sentence was reduced from eight months to three months.
- Charges of criminal conspiracy, criminal facilitation, and disorderly conduct against Lorpu Sumo and Munah Davis were dismissed.
The defendants have announced an appeal to the Supreme Court of Liberia, which will hear the case during its October Term.
Marriage Evidence Presented
Yancy provided the court with a marriage certificate bearing the signatures of the parties involved, including that of the Director General of CNDRA and the Registrar of Marriages. She also submitted photographs of their 2016 wedding ceremony, showing Tuolee and the bridal party.
Confronted with the photos, Tuolee admitted he had participated in the ceremony but insisted the marriage was not legally binding because the certificate had not been archived.
Yancy also presented photos of Tuolee and Sumo allegedly exchanging vows, wearing wedding rings, and participating in what appeared to be a church ceremony. The court found these images sufficient to establish intent and action toward bigamy.
Even if Tuolee and Yancy’s marriage had not been formally recorded at CNDRA, the court noted they cohabitated from July 17, 2016, to January 17, 2024. “They carried themselves as husband and wife for more than seven years,” the court said, emphasizing that dissolution of such a relationship would require action by a competent court.
Tuolee claimed the lack of certificate in the archives meant he and Yancy were never legally married. He argued that it was her responsibility to register the certificate, while she maintained it was his. The court ruled that the absence of a recorded certificate does not negate the existence of a valid marriage.
Bigamy and Legal Interpretation
Tuolee further argued that the alleged second marriage never took place, asserting that the ceremony was interrupted by Yancy and her associates. However, the court disagreed, stating that preparations and steps taken were sufficient to establish the act of bigamy.
In support of his defense, Tuolee asked the court to subpoena the Registrar of Marriages. A communication from then-Registrar Ayesattu Keita Carpenter, dated Oct. 9, 2022, indicated a “non-discovery” of any marriage record between Tuolee and Yancy. Tuolee argued this proved no marriage existed.
To clarify the implications of a non-discovery letter, the court also subpoenaed Ebenezer A. Borbor, Technical Assistant at CNDRA. Borbor explained that such a certificate simply confirms that no archived record was found—it does not invalidate the marriage if the original certificate was not returned to the agency.
According to Borbor, a non-discovery letter may result from a misplaced or unfiled certificate. Only a letter of confirmation affirms that a marriage was officially documented by the agency.
The court concluded that Tuolee and Yancy were legally married based on their prolonged cohabitation, the wedding ceremony, and the public recognition of their union. By pursuing another wedding without a legal dissolution, Tuolee’s actions met the criteria for bigamy under Liberian law.
The court’s decision marks a significant affirmation of traditional and religious marital commitments, even in the absence of archived documentation.
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