Following the final ruling handed down by the ECOWAS Community Court of Justice on June 5, 2012 ordering the Government of Liberia to return the amount of US$508,200.00 to Valentine Ayika, the full bench of the Supreme Court of Liberia says said judgment by the ECOWAS Court is not binding on the Republic of Liberia.
"Accordingly, we hold that the decision of the ECOWAS Community Court of Justice entered against the Republic of Liberia on June 4, 2012 in the Valentine Ayika case is not binding on the Republic of Liberia," Chief Justice Francis S. Korkpor said. The decision of the Supreme Court of Liberia was promoted by a Bill of Information filed by the Government of Liberia through the Ministry of Justice who was represented through its team of lawyers during hearing of the case Valentine Ayika verse the Republic of Liberia at the ECOWAS Court of Justice in Nigeria.
In the bill information filed brfore the Supreme Court, the Government of Liberia stated that the ECOWAS Treaty for the establishment of the ECOWAS Court executed or signed by the former chairman of the National Transitional Government of Liberia does not have any force of law.
The bill also indicated that ECOWAS Treaty not having been ratified by the Liberian Legislature such is not binding on Liberia and does not create any legal enforceable obligations or responsibilities on or for the Republic of Liberia.
In 2012 Valentine Ayika filed an application to the ECOWAS Court of Justice for the Government of Liberia to return the amount in question on ground that said money was wrongfully or illegally taken from him by the Liberian Government.
He also said in his application to the ECOWAS Court that though he sued the Liberian Government to the Supreme Court for wrongfully or illegally taking his money from him, he called for the removal of the Liberia Supreme Court from said matter which the Supreme Court had assumed and acquired jurisdiction.
Sitting in his March Term of Court 2013, Chief Justice Korkpor then ordered the Clerk of the Supreme Court to send a mandate informing the parties to the matter of said case of the court ruling and decision.
Chief Justice Korkpor also ordered the clerk to assign the petition for the writ of error out of which the Bill of Information grows for expeditions hearing and determination by said court (Supreme Court).
Valentine Ayika who ia a Nigerian national and currently serving in the Nigerian Parliament was represented at the Supreme Court of the Republic of Liberia through his lawyers Cllr. Theophilus C. Gould of the Kemp and Associates, Inc. and Cllr. Dempster Brown of the Center for the Protection of Human Rights while the Government of Liberia was represented by Cllr. J. Daku Mulbah and others.
It can be recalled few years ago, the Government of Liberia through its security agencies assigned at the Roberts International Airport in Margibi County arrested Valentine Ayika with over US$500,000.00 allegedly taped on his body which the Government of Liberia said he(Ayika) smuggled into the country.
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