Monrovia, Liberia – After being arrested, charged, and held for four nights at the Monrovia Central Prison (South Beach) on various counts, three of the five former government officials were freed from additional incarceration.
Based on the bail bond submitted, the Criminal Court “A” will release the living remains of Councilman Nyanti Tuan, D. Moses P. Cooper, and Jefferson Karmoh from further detention. They are accused of economic sabotage, misappropriation of public funds, theft and/or unlawful disbursement and expenditure of public funds, theft of property, criminal facilitation, and criminal conspiracy.
The release, signed by J. Gabriel Smith, Clerk of Court “A,” required the sheriff to submit additional official returns to the Clerk of Court’s office specifying his method and form of service and endorsing the original document with his signature on the back. This will serve as the sheriff’s legal and sufficient authority.
Since all of the charges are chargeable offenses, it is reported that the former officials of former President George Weah’s administration successfully submitted a $50,000 US criminal appearance bond.
The plaintiffs attorneys filed a Writ of Mandamus against Monrovia City Court Magistrate Ben Barco, forcing him to approve the bail bond and then transfer the case to Criminal Court “A” for indictment, Cllr. Nyanti Tuan, the former Solicitor General, Jefferson Kemoh, the former National Security Advisor, and D. Moses P. Cooper, the former Comptroller at the Financial Intelligence Agency (FIA), were all released from prison.
A Writ of Mandamus is a unique type of judicial remedy that is outlined in Chapter 16, Section 16.21 of the Civil Procedure Law of Liberia. It is a court order that directs a government official, entity, or judicial actor to carry out an act that is legally required of them in the course of their official duties, or to refrain from carrying out an act that is prohibited by law.
Based on this, the Chambers Justice, Yusuf D. Kaba, intervened and the Assigned Judge of Criminal Court “B,” J. Kennedy P. Peabody, approved the US$50,000 bond for Cllrs. Tuan, Cooper, and Kemoh and ordered their temporary release.
Prior to Judge Peabody’s intervention, the three defendants, via their attorneys, claimed that Magistrate Barco had violated their constitutional rights by rejecting their bond application and sending it to Criminal Court “A.” They further mentioned that Judge Roosevelt Z. Willie of Criminal Court “A” is not under Liberia’s jurisdiction. At the same time, Samuel Tweah and Stanley S. Ford remain key interest to the court.
