I am not a lawyer. Neither do I claim to be a legal scholar nor a paralegal. I am an activist and an emerging economist. But if I were the Minister of Justice (Attorney General), I would have been prosecuting A. Ndubusi Nkwuka Nwabudike on these charges or criminal offences by now.
Ndubusi has committed a number of grave crimes. These are indictable offences under the laws of Liberia. Why isn't an indictment being drawn by now? The credibility of MOJ, Supreme Court, OSG, LNBA, LNP, LIS, LACC, The Senate, and The Presidency will ruin further if Ndubusi Nwabudike is left alone to go with impunity.
Perhaps those in authority have forgotten THE LAW. Let me remind them about what THE LAW says and requires if a hardcore criminal like Ndubusi commits grave crimes against Liberia and Liberians. In my opinion and in the context of legal applicability and/or judicial authenticity, these are charges that should be drawn against Ndubusi Nwabudike:
Perjury - Section 12.30 of Subchapter B;
Falsification - Section 12.31 of Subchapter B;
Forgery - Section 15.70 of Subchapter E;
Fraud - Section 15.50(a) of Subchapter E;
Criminal Malevolence - Section 11.14 of Chapter 11.
What does our Law say about these criminal offences (Ref. Penal Law, Liberian Codes Revised Volume IV, Title 26. Approved July 19, 1976 and Published April 3, 1978):
Perjury - Section 12.30 of Subchapter B:
A person has committed perjury, a third degree felony, if, in official proceeding, he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material and he does not believe it to be true.
Argument or legal Note #1: Defendant Ndubusi lied under oath at the Supreme Court, the Liberian Senate, and the Liberia National Bar Association about being a "naturalized citizen" of Liberia.
Falsification - Section 12:30 of Subchapter B:
A person has committed a first degree misdemeanor if, in an official proceeding, he makes a false statement, whether or not material, under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, if he does not believe the statement to be true.
Argument or Legal Note #2: Defendant Ndubusi's credentials/documents, including his academic transcript and official passport, are a reflection of falsification. Both documents have different dates of birth. The defendants also made a number of false statements and presented conflicting testimonies relative to his controversial and fake claim of being a "naturalized Liberian".
Forgery - Section 15.70 of Subchapter E:
A person has committed forgery or counterfeiting, if, with the purpose of deceiving or harming the government or another person, or with knowledge that he is facilitating such deception or harm by another person, he (a) Knowingly and falsely makes, completes or alters any writing or subject; or (b) Knowingly utters a forged or counterfeited writing or object. Forgery is a second degree felony in Ndubusi's case.
Argument and Legal Note #3: Defendant Ndubusi forged his "Certificate of Citizenship" that he claimed to have gotten since 1982 under the leadership of a Military Junta. There are proofs that he also forged other relevant documents. E.g. Ndubusi has 3 different dates of birth on his Certificate of Citizenship, National ID Card, and Academic Transcript from UL. His name on these documents are spelled differently.
Fraud - Section 15.50(a) of Subchapter E:
A person is guilty of a first degree felony, if he knowingly conspires or colludes to defraud the Government of Liberia;
Argument and Legal Note #4: Defendant Ndubusi is guilty for fraud because he willfully lied at almost every public or private institution of being a Liberian. As a result, he fraudulently enjoyed the privileges and immunities of a "Liberian citizen" at these institutions. He was even preferred to serve based on the fact that he was a "Liberian citizen". For instance, he paid lesser fees at the University of Liberia as a "Liberian student", and not a "foreign student".
Criminal Malevolence - Section 11.14 of Chapter 11:
A person has committed a first degree misdemeanor if he accuses any executive authority, judicial authority, member of the Legislature or any other public authority either by word‐ of‐mouth, writing or by public broadcast, of conduct which constitutes the commission of a crime; provided that at the time of such accusation.
Argument and Legal Note #5: Defendant Ndubusi lied that Senator Varney Sherman of Grand Cape Mount County gave him a letter of recommendation to seek admission at the University of Liberia. He lied that he has worked with Sherman before. He also linked Chief Justice Francis Korkpoh to his letter of recommendation. It was this letter of recommendation from the Chief Justice that Ndubusi used to defraud our system for decades.
If I were the Justice Minister, these are five (5) criminal charges I was going to indict Ndubusi Nwabudike on these charges. Can Justice Minister Musa Dean give me the statutory permission to draw an indictment against Ndubusi Nwabudike?
Penalties for committing these grave criminal offences according to Section 50.5 and Section 50.7:
Third degree felony - a definite term of imprisonment to be fixed by the court, the maximum of which shall be three years;
First degree misdemeanor - a definite term of imprisonment to be fixed by the court at no more than one year;
Second degree felony - a definite term of imprisonment to be fixed by the court, the maximum of which shall be five years;
First degree felony - a definite term of imprisonment to be fixed by the court, the maximum of which shall be ten years.
Why isn't Ndubusi arrested, charged, prosecuted, and jailed by now? Why is he even still serving as Chairman of LACC? Those who aided and abetted this con artist of a lawyer in the commission of these grave crimes should also be made to account. The President and the Chief Justice are tied to this controversy as leading enablers of these crimes.
Those who aided and abetted Ndubusi are equally guilty of violating Section 12.5 of the Penal Law.
Section 12.5 of Subchapter A: "Aiding consummation of crime": A person is guilty of "aiding consummation of a crime" if he purposely aids another to secrete, disguise, or convert the proceeds of a crime or otherwise profit from a crime.
Recommendation: There is an urgent need for electoral, judicial, and legislative reform in Liberia. Our systems are actually WEAK and very vulnerable.
Fellow Liberians, please stay home to stay safe against COVID-19. Watch out and Wise up. Stay alive and protect your families through Prevention and Precaution.
About The Author: Martin K N. Kollie is an exiled Liberian activist, columnist, and emerging economist. He can reached via [email protected]