HIGHER COURT ORDERED SAMUKAI JAILED

The Supreme Court of Liberia, has ruled that Lofa County Senator-elect Brownie J. Samukai will serve two years in jail, while paying the amount of US$1,147,656.35.

The ruling come admit a long running legal battle, prior to his election as Senator of Lofa County.

This comes as a result of two Bills of Information filed before the Supreme Court by the Republic of Liberia against Mr. Samukai.

The Republic of Liberia filed that Judge A. Blamo Dixon intentionally misinterpreted the Supreme Court ruling by dividing the monies among the three convicts, while Mr. Samukai filed requesting the Supreme Court for the enlargement of time.

The verdict which was handled down on Thursday, January 27, 2022, by Associate Justice Sie-A-Nyene G. Youh, said the law provides that where criminal defendants are jointly adjudged guilty of a crime, they are together.

Justice Youh said Judge Dixon improperly executed the Supreme Court’s mandate when he lied on the ruling of Judge Yamie Quiqui Gbeisay of which the high court had modified and apportioned the amount of US$1,147,656.35 ( One Million One Hundred Forty Seven Thousand Six Hundred Fifty Six United States Dollars Thirty Five Cents) among Mr. Samukai and others.

She added that given the Supreme Court opinion and judgment on February 8, 2021 regarding the joint liability of restituting US$191,276.05(One Hundred Ninety One Thousand Two Hundred Seventy Six United States Dollars and Five Cents), Mr. Samukai alone cannot be considered vintage compliance with the high court’s mandate.

She furthered that the bill of information is appropriate remedy where it is established that the trial court is improperly executing the mandate of the Supreme Court.

She added that Mr. Samukai’s Bill of Information, requesting for enlargement of time was in bad faith.

Justice Youh explained that a person cannot claim satisfaction or reparations while at the same time pray for time to comply.

She further emphasized that the Ex-Defense Minister during the regime of former President Ellen Johnson-Sirleaf collectively failed to comply with the mandate and judgment of the high court in paying 50% of the amount of US$573,828.15( Five Hundred Seventy Three Hundred Twenty Eight United States Dollars Fifteen Cents) within the period of six(6) months.

“Samukai, Joseph Johnson and James Nyumah have breached the condition of their suspended; hence, the two(2) years to which they were sentenced, but suspended is hereby revoked,” she said.

“They will now serve two years Imprisonment and pay the full judgment amount of US$1,147,656.35 (One Million One Hundred Forty Seven Thousand Six Hundred Fifty Six United States Dollars Thirty Five Cents) less the amount already paid by them.

Upon their failure to.pay they shall remain in prison until balance is fully liquidated at the rate US$25.00per month,” averred the verdict.

Meanwhile, the Supreme Court has ordered the clerk of court to send a mandate to the Criminal Court “C” to resume jurisdiction over the case and give effect to the judgment.

It can be recalled that Samukai, Joseph Johnson and J. Nyumah Dorbor were convicted on March 24, 2020 for the crimes of theft of property, criminal conspiracy, economic sabotage, misuse of public money and money laundering in the tone of US$1.5 million dollars.

They were given six- month time frame to restitute US$573,828.15. Additionally, to enter an arrangement on how to pay the balance monies or risk serving a two- year sentence at the Monrovia Central Prison. The six- month time table given ended on August 10, 2021.

The nation high court’s decision against Mr. Samukai of the Collaborating Political Parties (CPP) was trigged by a Writ of Prohibition filed March 2, 2021 by O’Neil Passewe, chair of the Movement for Progressive Change(MPC).

Mr. Passewe asked the court to halt the certification of Mr.Samukai because he has been convicted by the Supreme Court for the crime of money laundering. Associate Justice Joseph N. Nagbe, who issued the writ, planned a conference in the justice chambers for 2 p.m. Tuesday, March 9, 2021, to discuss the case.

Mr. Samukai received the most votes in the December 8, 2020 Senatorial election. Of the 11 candidates who vied for the Lofa County senatorial seat, he received 20, 431 votes, followed by Independent candidate Cllr. Joseph Jallah with 13,968 votes.