The Supreme Court of Liberia has issued a temporary halt on the House of Representatives' attempt to investigate a case involving a Chinese national named Micheal Shio, which is currently pending before Criminal Court 'A'.
Defendant Shio is charged by the Liberia National Police (LNP) with attempting to murder a Liberian citizen, Momo David, on January 13, 2025.
Ceaineh Clinton-Johnson ordered a stop to the investigation until a conference on March 19, where a decision will be made on whether an alternative writ of prohibition is appropriate, as prayed for by Shio's legal team.
"You are hereby cited to a conference with Her Honor, on Wednesday, March 19, 2025, at the hour of 10:30am with the above captioned case," Justice Clinton-Johnson's order read. "You are ordered to stay all further proceedings and/or actions in the matter pending the outcome of the conference."
Despite the separation of powers outlined in the Constitution and the ongoing legal proceedings in Criminal Court 'A', the lawmakers, in a communication dated March 6, 2025, summoned Shio for an investigation. This prompted his legal team to challenge this action with a petition filed in the Supreme Court.
The defense lawyers argued that the legislative branch has no authority to exercise judicial powers, a violation of the separation of power doctrine that exists under a unitary state, and that the interference was unconstitutional.
The 1986 Constitution establishes that the Republic is a unitary sovereign state, and the form of government is Republican with three separate coordinate branches of government, legislature, the Executive and the Judiciary existing under the principles of separation of powers. Article 65 of the Constitution vests judicial powers only in the Judiciary branch of government and no other branch of government.
The petition for a writ of prohibition that got the Supreme Court involved with the matter was filed on March 11, 2025, by Shio's legal team.
According to court records, Shio, who has an indictment being prepared against him, is accused of pouring hot oil on a man named Momo David and instructing dogs to bite him, allegedly in retaliation for theft.
The lawyers, therefore, had since challenged the lawmakers' March 6 communication, which had directed Shio and his lawyers to appear before the criminal investigation, on Tuesday, March 11, 2025, at precisely 2:00 pm.
Upon receiving said communication, Shio formally requested a postponement of the investigation, citing the fact that the matter is properly before the Criminal Court, which has exclusive authority to adjudicate such matters.
Shio's lawyer further argued that the referenced letter explicitly cited the controlling laws prohibiting their client from submitting to any extra judicial forum to discuss the allegations and charges pending against him.
However, they claimed that the lawmakers in blatant disregard of the law, persisted in summoning Shio to appear before an authorized forum on Tuesday, March 11, 2025, at precisely 2:00 pm.
They also argued that the actions of the lawmakers are contrary to the established laws of this land, as it relates to the doctrine of sub-judice and separation of power as per the 1986 Constitution.
They however termed the lawmakers attempt to investigate a criminal matter pending undetermined "as unconstitutional".
The lawyer further argued that the Constitution dedicates specific responsibilities to the Legislature of which the exercise of judicial power is not part of the functions.
Article 29 reads; "The legislative power of the Republic shall be vested in the Legislature of Liberia which shall consist of two separate houses: A Senate and a House of Representatives, both of which must pass on all legislation.
The enacting style shall be, "It is enacted by the Senate and House of Representatives of the Republic of Liberia in the Legislature assembled."
Again, the lawyers argued that the Constitution dedicates specific constitutional responsibilities to the three branches of government and prohibits one branch of government from interfering in the working of other branches of government.
Therefore, they argued that "the action of the lawmakers seeking to investigate a matter pending in a court of law is an interference into the working of another branch of government and the same is a fit subject to be prohibited."
According to the court records, on January 13, 2025, defendant Michael Shio took hot oil and poured it on victim Momo David's upper torso (neck and chest) and later instructed his dogs to bite the victim on the legs.
The incident occurred after the police claimed that the victim was arrested in Shio's Compound, in the Congo Town Back Road Community, where David was caught stealing solar light in the yard.
Thereafter, the court records allege Shio, facilitated the transport of the victim Momo David to the Zone Three Police Station under the custody of the Pilot Security Officers including Emmanuel Nyumahand Andrew Barmoh.
The document alleges that, upon their arrival at the Zone Three Police Station, the officers at the Charge of Quarters advised that the victim be taken to the Hospital for treatment, predicated upon his worsening physical condition.
While taking the victim to the ELWA Hospital, the victim accordingly shook the motorbike carrying them, and the bike fell, thus allowing the victim to escape. David then surfaced at his residence, and was said by members of his family to be in a very appalling condition. This prompted his sister, Joyce Teage, to take him to the ELWA Hospital, where he was admitted and is undergoing treatment.
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The victim's family informed the leaders of the Congo Town Back Road Community, who made frantic efforts to engage defendant Shio concerning the aggression meted out against victim David.
Initially, defendant Shio denied having any knowledge of any ill-treatment meted out against David at his residence on January 13, 2025, but was willing to assist with cash to facilitate the medical treatment of the victim at the hospital.
The court filings also quoted a police investigative report, which stated that the LNP had charged the defendants based on David's physical condition exhibiting the burnt wounds of the victim's upper torso (neck, shoulder and chest) as well as witnesses and suspects testimonies.
They also alleged that coupled with the background inquiry, the investigation recommends that Defendants Shio, and his accomplices included Emmanuel Nyumah, Andrew Barmoh and Sunday Sumo be Charged with the offence of CRIMINAL ATTEMPT TO COMMIT MURDER, AGGRAVATED ASSAULT, and Felonious Restraint in violations of Chapter 10, Section 10.1 and Chapter 14, Sections 14.20 and 14.51 of the revised penal code of the Republic of Liberia, pending court trial.
However, Shio denied the allegations when he first was arraigned before the Monrovia City Court
