The Supreme Court is set to reach a decision today, March 19, regarding the House of Representatives' authority to conduct a criminal investigation on an ongoing case pending in Criminal Court 'A'. The High Court will determine whether members of the House have the constitutional backing to withdraw a criminal case that is pending before Criminal Court awaiting indictment, to conduct their own investigation.
This matter arose after lawyers representing Michael Shio, a Chinese national, filed a writ of prohibition against the lawmakers, leading to a temporary halt in the investigation. Shio is accused of attempting to murder a Liberian citizen, Momo David, on January 13, 2025.
Associate Justice Cianeh Clinton-Johnson initially placed a temporary halt on the action of the members of Representatives.
Defendant Shio is charged by the Liberia National Police (LNP) with attempting to murder a Liberian citizen, Momo David, on January 13, 2025.
The legal dispute centers on whether the legislative branch has the jurisdiction to engage in judicial matters, sparking a constitutional debate on the separation of powers.
If Justice Clinton-Johnson were to maintain her stance against the lawmakers, and they (lawmakers) disagree with her decision, they still have a chance to forward the matter to the Full Bench of the Supreme Court.
The issue in the case, arises from a challenge to the lawmakers' letter summoning Shio to appear before plenary for criminal investigation about his alleged involvement with the attempt to murder David, though Shio had repeatedly denied the accusations.
The defense lawyers argued that the legislative branch has no authority to exercise judicial powers, a violation of the separation of powers 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.
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 as punishment for theft.
The lawyers, therefore, have since challenged the lawmakers' March 6 communication, which 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 powers, as per the 1986 Constitution.
They however termed the lawmakers attempt to investigate a criminal matter pending undetermined "as unconstitutional".
The defense lawyers further argued that the Constitution dedicates specific responsibilities to the National 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."
Timeline of harrowing events
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 Nyumah and 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.
