Monrovia — The Supreme Court of Liberia has denied a Writ of Prohibition filed before it on Monday, August 8 by Gracious Ride to halt the operation of the Asset Recovery Task Team.
Gracious Ride, through its manager, Francis T. Blamo, had requested the court to issue a halt order on the operation of the Task Force days after the arrest and impounding of vehicles belonging to it by the Task Force.
The court's decision was rendered on by Justice in Chambers, Yusif D. Kaba.
Justice Kaba gave a greenlight to the Asset Recovery Taskforce to proceed with its operations, but in keeping with the laws of Liberia.
The court's decision was necessitated by the respondent (Asset Recovery Taskforce) admittance to not following the due process of law during its precious arrest and impounding of the Gracious Ride vehicles.
"By directive of His Honor, Yusif D. Kaba, Associate Justice presiding in Chambers, and considering the attached communication from the respondent, you are hereby informed that the Justice has declined to issue the writ prayed for by the petitioner, reserving the rights to the respondent to proceed in keeping with the law," Cllr. Sam Mamulu, Clerk of the Supreme Court noted in a communication.
The high court's decision means that the Task Force is all free to implement the mandate of President Joseph Boakai in line with Executive Order #126.
"Not deliberate," Asset Recovery Team says
The Asset Recovery in its Writ of Prohibition said its action was not deliberate to disenfranchise the Petitioner but same was done to investigate the allegations of the Petitioner's vehicles.
The Asset Recovery Team maintained that the investigation of suspicious asset falls with in the mandate of the Executive Order which was announced by President Boakai.
"However, Respondent submits and yields to the petition in part and says that the authority of the Courts and appropriate laws will be applied in consonance with the due process and the rule of law," it said.
The Task Force was set up by President Boakai to search, seize and investigate government assets, including vehicles and other valuables, intentionally or unknowingly taken away by individuals.
On Thursday, March 28, the Task Force was halted by the court from carrying out any further seizure, until a pending conference in a Writ of Prohibition filed by the Management of Gracious Ride Incorporated was heard.
The company's vehicles, predominantly taxis, were recently seized by President Boakai's Assets Recovery Task Force on grounds that they were acquired through fraudulent means by a former top government official, pointing fingers at former President George Weah's Chief of Protocol, Madam Finda Bundoo.
Besides vehicles under the service of Gracious Ride, the Task Force also seized several other vehicles for investigation, including that of former Police Inspector General, Patrick Sudue.
However, following the court's release order on vehicles seized, the vehicle which Sudue claimed to have bought US$5,000 (Five Thousand USD) along with others including Gracious Ride were also released.
Sudue was reportedly cleared by the General Services Agency.
Meanwhile, FrontPageAfrica has gathered that based upon the ruling from the Justice-in-Chambers, members of the Asset Recovery Taskforce are expected to meet on Tuesday, April 9, to strategize plans to resume operations.
History if the Task Force
The Task Force is also required to initiate criminal prosecution and civil litigation on behalf of the Government, return confiscated assets to Liberia upon adjudication, and place travel and other restrictions on all individuals identified as suspects while undergoing investigation for stolen and suspicious assets.
The Liberian leader urged the Task Force to employ diplomatic, and Interpol means to extradite individuals identified as suspects who are outside Liberia's jurisdiction and bring them under the investigative team's jurisdiction.
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President Boakai also emphasized that the Task Force should retrieve assets from private individuals who have illegally purchased government assets.
The Executive Order states that the Task Force will consist of a chair and co-chair and have the full cooperation of the General Services Agency, the Ministry of Justice, and all security agencies.
President Boakai stated that issuing the Executive Order is imperative to avoid the lengthy legislative process that could derail the asset restoration process, considering the gravity of the situation and the need to immediately restore lost assets to ensure economic viability and development.
He emphasized that it is paramount that public assets illegally obtained and converted to private use be retrieved and returned to the Liberian people, and that the perpetrators be brought to justice by appropriate laws that provide for confiscation through criminal investigation and legal prosecution.
