Liberia: Supreme Court Denies Bong County Officials' Request to Pardon Seven Local County Officials in Six Detention for Criminal Contempt

Monrovia — Request from Officials of Bong County, seeking a pardon for seven local officials who are currently serving six-month detention for Criminal Contempt of the Judiciary, had been denied by the full bench of the Supreme Court.

Two of the Bong County officials, Representatives Moima B. Mensah and Josiah Marvin Cole, in separate communications dated December 15, 2022, addressed to Chief Justice Sie-A-Nyene Yuoh acknowledged wrong meted out against the court by their kinsmen rendered apologies, but appealed that the court pardon them.

It can be recalled that the Supreme Court rendered an opinion in the case, Contempt Proceeding against Totota Commissioner, Daniel Tubman, Acting City Major of Totota City, Clinton Brown, Robert Sulu, Acting General Town Chief of Totota, Miller Bondo, Youth Leader of Salala District, Varney Sirleaf, Poro Grove Operator in Salala District, Ernest White, Cultural Advisor, Joseph Kollie, Acting Paramount Chief of Fuamah Chiefdom, all of Bong, for vandalising the Magisterial Courts in Salala , Bong Mines and Gbartalaaddition to the vandalism, Magistrate William G. Capehart was stripped naked, along with a court staff of Salala Magisterial Court, abducted and initiated into the traditional school.

At the same time, the Bong Mines and Gbartala Magisterial courts experienced disturbances and attempted abduction.

As a result of these "dreadful acts," the Supreme Court held the defendants for criminal Contempt and sentenced them to six months imprisonment at the Monrovia Central Prison, as deterrence and as a means for defendants to re-evaluate their actions.

However, following their communication, the Supreme Court in its response issued on Monday, January 23, to the communication denied said request, stating that granting such a request will not only undermine the integrity of the court but will destroy the independence and neutrality of the nation's highest court.

"Supreme Court is the highest court within the bailiwick of the Republic of Liberia; that decision taken by the Supreme Court is conclusive in all respect; they are binding and enforceable against all parties brought under the jurisdiction of the court, irrespective of their social or political status," Justice Yuoh noted in the high court's response.

"Considering your request in the light of the above-referenced constitutional provisions, we are unhesitant to state here the granting of reprieve as requested, will not only undermine the Supreme Court's integrity but same will create an avalanche that will destroy the Supreme Court's independence and neutrality and portray the court as being biased, selective, weak and susceptible to legislative influence."

According to the response, to grant a request from Representative Cole and Briggs-Mensah, who are seeking the release of the defendants who are held in criminal contempt will be a clear manifestation of favoritism and divergence from Article 11 (c) of the constitution.

According to Article 11( c) of the Liberian Constitution, "the law makes no distinction between men when before it; the high and low here are both on an equal level. The law, while just, has no sympathy; it neither makes men rich nor poor; hence the claim to be rich can have no influence with it; and to plead poverty can awaken no sympathy,"

The Supreme Court has at the same time requested the Ministries of Justice and Internal Affairs to have Ernest White and Joseph Kollie arrested with immediate effect and have them forwarded to the office of the Marshal of the court so that they commence serving the sentence as was imposed by the Supreme Court in its judgment of December 15, 2022.

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