The extradition of a Guinean national, Ibrahima Khalil Cherif is said to be chocking the Liberian Government as lawyers representing the legal interest of the country have been finedUS$2,000,00 for contempt of court.
Yesterday, Criminal Court "A" Judge Roosevelt Z Willie leveraged the fine of US$2,000 on the Ministry of Justice for its failure to produce the living body of Ibrahima Khalil Cherif, a Guinea National who has mysteriously gone missing.
Judge Willie stated that the act exhibited by the Government through the Ministry of Justice is an act of contempt that hinders the administration of justice. He added, "Based on these acts of law in which you interfered with the administration of justice, you are charged with contempt." The Resident Circuit Court judge ordered the office of the Solicitor General, the Assistant Minister for Litigation, the County Attorney, and the Prison President with a fine of US$500 each to be paid on or before Monday, November 25, 2024, at 2 pm, in the judiciary account. The court warned that failure for the fine to be paid in time, the heads of the offices fined will be committed to jail on the order of the court.
It can be recalled that Ibrahima Khalil is a defendant who was facing criminal charges of mercenaries, armed insurrection, criminal facilitation, criminal conspiracy, and para-military activities, was allegedly extradited on October 31, 2024, a day before his reappearance in court. The Ministry of Justice filed a nolle prosequi motion, halting the prosecution of Cherif with the option to re-file charges in the future.
The court document stated, "Government, Consistent with the statute provision of Chapter 18.1 of the Criminal Procedure Law, the Ministry of Justice, By and Through the office of the County Attorney of Montserrado County, hereby enter Nolle Prosequi in favor of Defendant Ibrahim Khalil in the above entitled cause of action, Criminal Mecenarism, Armed Insurrection, Criminal Facilitation, Criminal Conspiracy, and ParaMilitary Activities."
However, when a court sheriff arrived at the prison to process Cherif's release, he was missing. Cherif's lawyer, former Supreme Court Justice Kabineh Ja'neh, expressed outrage, alleging that his client may have been kidnapped or even killed. Ja'neh subsequently sought redress from Criminal Court "A," prompting Judge Willie to issue a 72-hour ultimatum for the government to produce Cherif.
During Wednesday, November 20, 2024, court argument, the defense council of Cherif prayed to the court to issue a compulsory writ of hypotropia on the prosecution, compelling the government to produce the living body of their client.
They further prayed for the prosecution to be committed to jail until their claim can be produced by 16.56 of the criminal procedure law. However, the prosecution argued that their decision to send defendant Cherif back without the knowledge of the court was a decision based on national security concerns. "He was turned over on a high level higher than ourselves. A decision made based on national security concerns. We common people in the Ministry could not have deceived this court otherwise because national security supersedes all others." the government stated.
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Meanwhile, the court, in its ruling, stated that their action to the court was not based on law. The court stated that though the prosecution made a report, their report was not certificatory because they initially brought the defendant to court but did not allow him to have access to justice. An act Judge Willie described as contempt of court. It states that the action of the prosecution interfered with justice. "Even if it was a national security concern, it must be in the belly weight of the law. Therefore, you are held in contempt for interfering with justice." The court further cautioned that while it is sometimes professional to carry out orders of bosses, the order and the implementer action must be by the law.
