Monrovia — Government lawyers have asked the Court to deny a motion by the former National Public Health Institute (NPHIL) Director Tolbert Nyenswah, who has filed an application to Criminal Court C requesting the court to dismiss the travel ban filed against him by the State.
Nyensuah has filed a motion to dismiss the travel ban against him but the State argues that it is "not the proper premise as laid down by law".
"Motion to quash as provided for under Chapter 16, Section 16.2 is for the indictment and most often use in both Civil and Criminal proceedings," the prosecution stated in its pleading on June 1 adding that the former NPHIL boss has not appeared in court to defend himself.
"There is no record before this court indicating that the Respondent, Tolbert Nyenswah was ever served and failed to appear in court to challenge the Ne Exeat Republica, said motion is not a subject for dismissal as the Movant himself has failed to show proof of service," the prosecution said.
"The Movant has suffered no injury for which he should not come to this court to seek remedy in that the intent and purpose of the Ne Exeat Republica was never served."
Government lawyers further argued that the subject of the travel ban was predicated upon the criminal investigation conducted by the Asset Recovery Team in which it is alleged that the former NPHIL director embezzled funds meant to fight the Ebola Virus.
Prosecution further requested the court to quash or dismiss the motion filed by Tolbert Nyenswah.
"Counsel denies all allegations, fact and laws and prays your honor to Dismiss said motion and deny and have it thrown out of this court and grant unto the State any and all relief that your honor may deem just and legal," prosecution said.
Following prosecution's response to the motion, Judge Yamie Quiqui Gbeisay reserved ruling into the matter pending notice of assignment.
"The Republic, having resisted the motion filed before this court, argument is hereby dispensed and ruling is hereby reserved pending regular notice of assignment," Judge Gbeisay ordered.
On May 25, 2020, the former Director of NPHIL filed a six-count petition to Criminal Court C requesting Judge Yeami Gbeisay to dismiss the government's travel ban filed against him.
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