IPNEWS-MONROVIA: Solicitor General of Liberia, Cllr. Syrennius Cephus, says the government of Liberia, through the Ministry of Justice, has filed another writ of Prohibition against the certification of Senator-elect, former Defense Minister, Brownie Jeffery Samukai Jr.

According to Cllr. Syrennius Cephus, the Ministry of Justice has duly notified the National Elections Commission not to go ahead with certificating Mr. Samukai as earlier planned

It may be recalled, early March, the Movement for Progressive Change (MPC), filed a writ of prohibition at the Supreme Court of Liberia against the certification of Brownie Samukai.
MPC political leader Simeon Freeman prayed the Supreme Court of Liberia to issue an alternative writ of prohibition and order the National Elections Commission (NEC) not to certificate Lofa County Senator-elect Brownie J. Samukai.

The move by the MPC political leader sparked controversies on the injury of Mr. Freeman, however, legal luminaries tell IPNEWS that the MPC strong man is in ‘NO error’ and is entitled to the provisions under the laws of Liberia given his status as a registered political party in the Republic of Liberia.

Freeman argued that the ‘complaint sheet took the decision on grounds of affirming the decision of the lower court prior to the conviction of Mr. Samukai and others’.
According to the MPC, the Laws of Liberia prohibits any citizen from enjoying their rights as provided for under the Constitution for the commission and subsequent conviction of any infamous crimes.

At a news conference Tuesday, March 2, 2020, the Movement for Progressive Change(MPC) through its Chairman emeritus told reporters that the Senate “is meant for people with an unimpeachable character”.

The MPC Chairman emeritus, John Ballout added: “J. Brownie Samukai is certainly not one of such persons and the process of certification leading to his eventual sitting as a member of the Upper House contravenes the laws of Liberia”.

Complaints Filed Before the BOC for Fraud in Election:
The team representing the legal interests of the ruling party’s candidate and others, who participated in the election in Lofa and lost, had lodged a complaint to the Hearing Officer of the NEC that Mr. Samukai’s win was marred by fraud. After few days of deliberations from two legal teams, both the winner and the loser, the Hearing Officer declared Samukai the winner. The legal team of the ruling party’s candidate took an appeal to the NEC BOC.

The seven-person BOC of the NEC, on February 5th, affirmed their Hearing Officer’s ruling, that Mr. Samukai indeed had won the Senatorial race in the county.
Again, the complaining party’s legal team, led by Cllr. Samuel Kortimai accepted the ruling and took appeal before the Supreme Court.

What Happened in the Interval
While everyone was waiting for the nation’s highest court to hand down its verdict, the Solicitor General, Cllr. Sayma Syrenius Cephus, sent a letter to the Chairperson of the NEC BOC on February 14, 2021. In his communication, which wasn’t a typical Valentine’s Day letter, he instructs Madam Browne-Lansanah, by extension her other six colleagues, not to certificate Mr. Samukai on the ground that he is a “convicted felon.”

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 judgment.”

“Therefore, the recent judgment by the Honorable Supreme Court of Liberia is not a novelty and did not depart from the holding of the lower court’s judgment; instead, it confirmed the lower court’s judgment, which means Mr. Samukai together with his co-conspirators has been a convicted felon from the date the lower court rendered its judgment in 2020.”

“Accordingly, since the guilty judgment 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.”

Justice Minister’s First Public Involvement:
As everyone still waited for the Court, on February 23rd, the Justice Minister was invited by the Senate to provide answers to qualms they had on another matter. Somehow, the issue of Mr. Samukai’s win was raise with him. He was asked whether he sanctioned or knew about the letter that had come from the Solicitor General instructing the NEC not to certificate Mr. Samukai as Senator of Lofa. 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.

Supreme Court Ruled In Favor of Samukai
But on Wednesday, February 24, the Supreme Court ruled and said that candidates James K. Marley, Hamet Kromah, and Gayflor Tarnue were unable to prove the allegations of fraud and irregularities, which they claimed marred the exercises specifically in District #4 in Lofa County.

“Wherefore and in view of the foregoing the ruling of the Board of Commissioners of the National Elections Commission which confirmed the ruling of the Hearing Officer is affirmed. The clerk of this court is ordered to send a mandate to the National Elections Commission to give effect to this judgment. Costs are ruled against the appellants. And it’s hereby so ordered,” the Supreme Court ruled.

Court Mandates NEC to Take Charge Again
In the Justice in Chamber’s ruling, the NEC was mandated to take charge of the matter again, meaning that since its BOC had affirmed its Hearing Officer’s verdict, Mr. Samukai should be certificated as the winner of the election.
But on March 1, the Justice Minister wrote the elections body not grossly mandating as was done by the Solicitor General but clearly did in his letter.
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).”

Since his letter came out on Monday, he has been very heavily criticized for trying to disobey the Supreme Court.
Latest Development

As everyone waited to see what the National Elections Commission would do, whether to take the mandate of the Ministry of Justice or the Supreme Court since it’s an autonomous body, strangely enough, the elections body set new precedence, which will go a long way and will affect many elections to come.
The NEC went ahead and concurred with the Ministry of Justice not to go ahead with former Defense Minister Samukai’s certification on Tuesday, March 2.

In a statement on Tuesday, the NEC Chairperson, Cllr. Davidetta Browne-Lansanah, requested the clerk of the National Elections Commission to read the verdict of the Supreme Court and thereafter announced that the certification of Mr. Samukai, as Senator of Lofa County, could not go ahead.
Cllr. Browne-Lassanah told Mr. Samukai and his legal team that a date would be announced further.

Protest Before the NEC:

Following the NEC’s denial of Mr. Samukai’s certification, some citizens of Lofa County converged before the NEC to peacefully protest why their kinsman was denied.
One of men in the protest told newsmen and women that Senator Edwin Melvin Snowe and Senator Zoe Pennue had similar problems and they were certificated the next day following the Supreme Court’s ruling in their separate cases.
They termed it as “witch hunt and selective justice” against Mr. Samukai.

“They know Brownie Samukai is a heavy hand in Lofa politics so in order to get at him is to weaken him; but it won’t work,” they threatened