-- Court orders Executive to surrender Cherif's living body
Judge Roosevelt Willie of Criminal Court 'A' has given the Executive a 72-hour deadline to release Ibrahima Khalil, a Guinean national arrested in Lofa County for allegedly recruiting Liberian ex-combatants to overthrow the junta government of Guinea.
This ultimatum follows a petition by the Independent National Commission on Human Rights (INCHR) for a Writ of Habeas Corpus to compel the Ministry of Justice (MoJ) and the Liberia National Police (LNP)to produce Khalil in court by Thursday, November 14, at 2 pm.
The Writ of Habeas Corpus is a fundamental constitutional remedy designed to protect individuals from unlawful detention or imprisonment.
It serves as a safeguard against the abuse of state power and upholds the right to liberty, as guaranteed under the 1986 Constitution of the Republic of Liberia. In the petition, the Commission's intervention is based on Article III of the 2005 Act that established the INCHR.
In the article states that "the Commission shall have the general power to protect and promote human rights in the Republic of Liberia." Article IV also states: "That the Commission also has the right to take up any situation of violation of human rights which it may deem necessary action according to the 2005 Act of the Commission."
According to the INCHR, Khalil was arrested in Lofa County by joint security forces for recruiting individuals for subversive activities. He was allegedly brought to Monrovia and sent to the Monrovia City Court, the petition alleges.
Prior to his arrest, according to security sources, Cherif's presence in the country heightened national security concerns as he was allegedly plotting destructive actions against the Guinean military junta while hiding in Liberia.
The Independent Human Rights Commission also cited the government's alleged response, that "the police seized from Khalil US$115,000.00, including two vehicles and weapons, etc."
Unfortunately, the Commission argued that when he was taken to City Court, these items that were named in their Writ of Arrest from the same Court were never produced, and later the case was transferred to the Criminal Court 'A' for lack of jurisdiction.
According to the Commission, the Court requested the government to submit the evidence they have against Khalil for indictment. "Out of the US$115,000.00, the government produced US$2,000.00. Out of the two vehicles they produced one vehicle, there were no weapons produce," the Commission claims.
Besides, the Commission noted that due to the inability of the government to produce evidence for indictment, the Khalil's lawyer, Cllr Kabineh Ja'neh, filed a motion to be admitted to bail.
The motion was resisted on the grounds that the government had sufficient evidence to prosecute Khalil for transparency. Immediately, after hearing the government resistance, it was when the Court gave them hours to bring forth the evidence to draw up the indictment.
"After 72 hours, the government was unable to produce the physical evidence," the commission justified its involvement with the case.
Despite the court's demand for Cherif's living body, top security sources have indicated that the alleged coup plotter has been handed over to Guinean authorities.
One of the sources indicated that Cherif was indeed planning subversive activities against the Guinean government as there are pieces of evidence to prove that he was in constant communication with former Guinean President Alpha Conde -- with whom he was allegedly planning the coup.
Amid all of these, Khalil's lawyer, Ja'neh, who is a former Associate Justice of the Supreme Court of Liberia, has threatened the country with a mass protest if his client is not released.
It is yet to be established as to whether the Commission's intervention resulted from Ja'neh's threat.
Ja'neh condemned the Boakai administration for what he described as a "lawless act" and announced plans to organize protests.
"The illegal removal of Mr. Cherif from Monrovia Central Prison was ordered by senior National Security Actors of the Boakai Government. This act is a concrete demonstration of lawlessness and total disregard for the law under the Boakai Administration," he said.
"I, Cllr. Kabineh Ja'neh, will ensure that Mr. Cherif is released as ordered by the court without any further delay. I will personally organize public demonstrations against National Security officers as I am now convinced that there is no longer any respect for the court's orders under the current administration. Accordingly, the demonstrations against police officers will continue until the court's orders, releasing Mr. Cherif, are fully complied with," he vowed.
Amid allegations of Cherif recruiting ex-combatants to overthrow the Junta Government in Guinea, Liberia has also faced accusations of supporting subversive activities against her neighbor.
Ja'neh and his team of lawyers representing the interest of Cherif have noted that his current location is a mystery, as there is no information surrounding his whereabouts -- alleging that their client has been kidnapped and probably murdered.
Ja'neh claimed that Cherif is a Liberian who was born here and, as such, should be treated with respect and given the needed protection as a citizen.
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In his statement issued to the public over the weekend, Ja'neh noted, "My client, Khalifa Cherif [Sheriff] was born here, Crown Hill, Monrovia, unto two Liberian Mandingo parents. His grandfather, Imam Alhaji Mata-Saykou Sheriff of blessed memory, was one of the most respected Imams of the 50s and 60s of the Benson Street (Mas Jed) Mosque. As a nationally respected religious figure, Imam Alhaji Mata-Saykou Sheriff's funeral was attended here in Monrovia by President William V. S. Tubman to honor the Imam's inestimable contributions to nation building."
Cllr. Ja'neh stated that despite Cherif's spending most part of his childhood in Guinea during the Liberian civil conflict, it does not automatically confer Guinean nationality upon him, contrary to suggestions by Liberian State Security officials.
Additionally, Ja'neh highlighted that his client's residence was searched over six weeks ago, resulting in his arrest and the seizure of his business funds by a combined team of Liberia National Police officers and National Security Agency personnel.
He noted that the Liberia National Police officers conducted the search without presenting a warrant, and as of now, they have failed to comply with court orders directing them to return all the seized items, which include cash and two vehicles from Mr. Cherif's premises. The instructions for the search were allegedly given by the Inspector General of Police and the Solicitor General of the Ministry of Justice.
