IPNEWS-MONROVIA: The National Elections Commission-NEC, has concurred with yesterday’s defiance by the Ministry of Justice not to rescind recent communication send to it by Solicitor General Cllr. Sayma Syrenius Cephus, reminding it about constitutional bridges if it when ahead to certificate former Defense Minister, Brownie J. Samukia, as Senator Lofa County, today.
The communication to NEC also called on the election body ‘Not to certificate’ Samukia contingent upon a ‘Guilty verdict’ pronounced by the Supreme Court, for ‘theft of pro property and misused of public funds’.
In a statement today, NEC Chairperson Cllr. Davidetta Browne-Lassanah, requested the clerk of the National Elections to read the verdict of the Supreme Court and thereafter announced that the certification of former Defense Minister, as Senator, Lofa county could not go ahead.
Cllr. Browne-Lassanah told Mr. Samukai and his legal team that a date would be announced further.
On yesterday, March 1, 2021, Justice Minister Frank Musa Dean in a release reiterated that the Ministry of Justice has notified the National Elections Commission, Not to go ahead with today’s planned certification of Messrs J. Brownie Smaukia, as Senator of Lofa County, due to the Supreme Court affirmation of a guilty verdict against Mr. Samukai and others.
Cllr. Dean writes: “We presents our compliments, and consistent with section 3.23 of the New Election Law, herewith inform of the attached final Judgement of the Honorable Supreme Court of Liberia, affirming the Judgement of Guilt against Messrs. J. Brownie Samukai, Joseph H. Johnson and Nyumah Dorkor, for the commission of the crimes of theft of property, misuse of public money and criminal conspiracy.
“Further, may we inform you, it is the law extant in our jurisdiction that any person convicted of a felony, committed in connection with his employment as a public servant is disqualified from holding public office until the sentence is served and/or the satisfaction of any other penalty imposed. For reliance, please see: Penal law, 4LCLR, title 26, section 50.12 (b) (1976) and 1986 Constitution of Liberia, Article 21(j).” the Ministry of Justice release quoted.
It was on Thursday, February 25 when the Justice Minister, Attorney General Frank Musah Dean and the Solicitor General, Cllr. Sayma Syrenius Cephus appeared before the Senate to answer why the latter had written the Chairperson of the National Elections Commission (NEC) instructing her to not certificate Mr. Brownie Samukai as the Senator-elect of Lofa County.
The seven-member Board of Commissioners (BOC) of the NEC, on February 5th, 2021, had affirmed Mr. Samukai’s win in the county after their Hearing Officer had heard the fraud complaints brought in by the legal team of the ruling Coalition for Democratic Change’s (CDC) candidate.
Again, the ruling party’s candidate’s legal team took an appeal before the Supreme Court following the NEC BOC’s ruling.
While the NEC was waiting for the nation’s highest court to hear the matter, Solicitor General Cephus wrote the Elections Commission instructing its Chairperson, Mrs. Davidetta Browne-Lassanah, not to certificate Mr. Samukai.
Cllr. Cephus’ letter, even though it was done on Valentine’s Day, it wasn’t the typical one that is written on Valentine’s Day. In the letter, Mr. Cephus instructs Madam Browne-Lassanah, by extension her six other colleagues on the electoral board, not to carry out the certification of Lofa County Senator-elect.
This is what he had said in his letter: “Further, you will recall that prior to the 8 December 2020 election, Mr. Samukai was found guilty by the lower court along with his co-conspirators for the same crimes. But took an appeal to the Honorable Supreme Court of Liberia, which automatically stayed the enforcement of the convicted judgement.”
“Therefore, the recent judgement by the Honorable Supreme Court of Liberia is not a novelty and did not depart from the holding of the lower court’s judgement; instead, it confirmed the lower court’s judgement, which means Mr. Samukai together with his co-conspirators has been a convicted felon from the date the lower court rendered its judgement in 2020.”
“Accordingly, since the guilty judgement is the law controlling, and constitutes a finality of the matter, and by law is not appealable in this jurisdiction, it is considered my opinion that it will be inarguable allay any and all concerns that may arise, and you will therefore proceed not to certificate him.”
However, on Tuesday, February 23rd, Justice Minister Dean appeared before lawmakers to answer some qualms they had concerning another matter and he was asked if he had any knowledge of the communication, which was under the signature of the Solicitor General. He categorically denied having any inclination of the letter and that Mr. Cephus had acted on his own.
The Justice Minister told the senators that he himself had only seen the communication on social media while traveling with President George Weah on the county tour.
“I only read that letter on social media; I have not received any copy of the Solicitor General’s letter that was sent to NEC.”
However, when he and Cllr. Cephus appeared on Thursday, February 25 before the Senate, he flipped and said he knows about the letter and he had approved of it. After some minutes of deliberations, the Senate ordered him to withdraw said letter as they were out of order to instruct the NEC on what to do.
However, today, March 1, the Justice Minister defiled the Senate and wrote the Chairperson of the NEC again this time carefully not mentioning the words— “not to certificate” but others that are equally equated to the same.
