- Defendants in Liberia's Capitol Arson case filed a motion for discovery on August 11, but the court stayed silent until after prosecutors pushed for trial on August 21. On August 22, Criminal Court 'A' set August 28 for proceedings to begin, then belatedly ordered discovery to be turned over just two days before trial.
The unusual sequence has fueled debate over due process in a case that has already rocked Liberia's political establishment. Defense lawyers say the timeline undermines their clients' constitutional right to a fair trial.
A Case That Has Shaken the Political Establishment
The case involves former House Speaker J. Fonati Koffa and fellow lawmakers Dixon W. Seboe, Abu B. Kamara, and Jacob C. Deebie. They will face the court alongside at least eight other defendants, including Thomas Etheridge, Kivi Bah (alias Kaba), Jerry Pokah (alias Tyrese), Stephen Broh, John Nyanti, and Eric Susay.
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The charges include arson, conspiracy, attempted murder, solicitation, facilitation, and criminal mischief -- all tied to the December 2024 blaze that gutted the joint chambers of the Capitol Building, the seat of Liberia's legislature.
Prosecutors allege that the lawmakers financed or facilitated the attack, while their associates carried it out by acquiring gasoline, preparing petrol bombs, and coordinating an assault that caused nearly US$3.8 million in damages to the Legislature.
Discovery Delayed, Trial Rushed
The defense insists that the late disclosure order violates both due process and the principle of trial fairness. Their August 11 motion demanded access to all materials used to secure indictments, including audio recordings, letters, and digital communications.
For nearly two weeks, the court offered no reply. Instead, prosecutors pressed ahead with a motion to move the case to trial, which the court granted on August 22. The notice of assignment fixed August 28 at 10 a.m. for the trial to open at the Temple of Justice.
Only afterward did the court grant the discovery request, ordering disclosure for August 26, leaving the defense just 48 hours to prepare. Up to press time on Tuesday, The Liberian Investigator could not confirm whether the prosecution had presented their evidence to the defense team.
"This trial begins under a shadow," a lawyer told The Liberian Investigator. "The prosecution has had almost a year to investigate. The defense now gets two days."
Bond Disputes and Denials
On August 19, a property surety filed on behalf of several defendants collapsed under scrutiny. Patrick J. Cole, who pledged US$500,000 in property valuation, admitted under oath that his supporting documents were fraudulent.
An expert from the Liberia Revenue Authority told the court that the tax bills and valuation certificates were fake. Judge Roosevelt Z. Willie denied bail for Etheridge, Nyanti, Kofa, Bah, Pokah, and Broh, ruling they could not be released.
The judge allowed the possibility of release only if the defense corrected the fraudulent paperwork, but the court-appointed Amicus Curiae argued that the ruling stretched statutory limits. The decision means several defendants will face trial in detention.
Charges That Cut to the Core of State Security
Beyond arson, the defendants are accused of conspiracy to commit murder, recklessly endangering lives, and even assaulting a police officer, Sgt. Amara Bility, whose weapon was allegedly stolen during the attack.
Prosecutors claim to have audio recordings of defendants discussing how to use gasoline, explosives, and even chlorine gas to drive lawmakers from the Capitol.
The charges, if proven, go far beyond property damage. They represent what the state calls a direct assault on democratic governance. Prosecutors argue the plan aimed to paralyze the Legislature and destabilize the country. The defense counters that the case is built on "unauthenticated social media evidence" and hearsay.
A Legal Clash of Narratives
Much of the case rests on whether the prosecution's evidence will withstand scrutiny. During the preliminary hearing before Magistrate Ben Barco, the state leaned heavily on open-source chatroom transcripts and audio messages. Defense lawyers objected, questioning their authenticity and admissibility.
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Magistrate Barco nonetheless ruled that probable cause existed and transferred the case to Criminal Court 'A'. His ruling stressed that prosecutors needed only to establish reasonable grounds to suspect a crime, not proof beyond a reasonable doubt.
Now, with trial looming, defense attorneys argue that withholding discovery until August 26 prevents them from adequately testing the state's claims or preparing witnesses.
On Thursday, August 28, the Temple of Justice will host one of the most politically charged trials in recent Liberian history. Former lawmakers accused of plotting against the very institution they serve will sit in the dock.
Prosecutors say they have the evidence to prove a conspiracy. Defense lawyers argue they are being forced to fight blind.
