IPNEWS – Monrovia: The Supreme Court’s ruling Monday, February 8, against former Defense Minister Brownie Samukai, and others, seems to have plunged the former Defense Minister’s win in Lofa County into confusion.

The nation’s highest court affirmed the lower court’s verdict finding Mr. Samukai, who is Liberia’s longest serving Defense Minister, guilty of misuse of trusted fund, misappropriation, theft of property, criminal conspiracy, etc, of the Armed Forces of Liberia’s fund in the tune of US$1.4 million.

The lower court had convicted the former Defense Minister, along with Joseph F. Johnson, former Deputy Minister for Administration and J. Nyumah Dorkor, former Comptroller, in March 2020.

However, following the Criminal Court ‘C’ Judge Yamie Gbeisay’s sentence of Mr. Samukai to two years of imprisonment, and his two deputies to one year and six months respectively or with a condition to restitute US$1.4 million over a one-year period, their legal team took an appeal to the Supreme Court. The Supreme Court today upheld the lower court’s judgement against the three men with modification that the men were equality guilty of the crime so should bear the full punishment of restituting the money or going to jail for two years. The court also mandated the three men to pay at least US$700,000 of the money within six months of this ruling and that at the end of the six-month period, a payment plan be made for the balance of the money or risk going to jail in a “common prison.”

Now, the highest court’s ruling seems to have ignited a confusion as to what becomes now of Mr. Samukai’s win in the December 8th Special Senatorial election in Lofa County.

The seven-person board of commissioners of the National Elections Commission (NEC) on Friday, February 5 upheld the win of Mr. Samukai after the man’s win had been contested by the ruling party’s candidate and his legal team.
The seven-person Board of Commissioners’ unanimous decision was read Friday, 5 February by Commissioner Josephine Kou Gaye.

However, lawyers representing the complainants, led by Cllr. Samuel Kortimai accepted the ruling and announced an appeal to the Honorable Supreme Court of Liberia. Again the ruling party’s team ran to the Supreme Court to contest Samukai’s win.

Liberians are wondering what now becomes of the win in Lofa as there is no law that stops an elected person taking office once his/her victory is upheld by the elections body.

A legal luminary, who asked not to be named, told the Independent Probe that should Mr. Samukai and others fail to restitute the money, in such case, the matter is going to rely on the Rules of the Senate.

“Were he to go to jail, it is going to deny the people of Lofa two years of nothing. So, the Senate is most likely going to impeach him or inform the National Elections Commission that there is a vacancy as a result of Mr. Samukai’s absence. The people of Lofa can’t be disenfranchised for two years and he has to abide by the court’s ruling.”
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