–To Prosecute Liberian Arms Shippers in US
With months ahead of the October 2023 Presidential and Legislative elections in Liberia, United States Ambassador accredited near Monrovia, Michael A. McCarthy has issued a stern warned to those seeking to destabilize the country, vowing and as well as assuring the public that who shipped arms and ammunitions to Liberia recently will face the law through the U.S. Justice System.
Amb. McCarthy made specific reference to those behind the illegal shipment of military-grade weapons from the United States to Liberia through the Freeport of Monrovia.
The United States Ambassador made the disclosure when he spoke last Thursday in Monrovia at the Archbishop Michael K. Francis Intellectual Discourse on Peace and Social Justice.
Said Amb. McCarthy: “Let all who wish to destabilize the country with threats of violence and intimidation understand that a better Liberia lies at the end of open discourse, respectful debate, and free, fair, transparent, and peaceful elections. Shortcuts will never work.
“Let me also make it crystal clear that any person hoping to destabilize Liberia by sending weapons illegally from the United States will meet the full force of law enforcement on that side of the Atlantic. I assure you that Embassy Monrovia will strongly urge the Department of Justice to prosecute this and any similar crimes to the fullest extent of the law.
“Liberia, a republic for over 175 years, understands the fruits of democracy better than most countries on the globe. I am confident that through the investment by civil society working hand in hand with the media and elections officials, the citizens have every reason to anticipate a healthy campaign season with results that accurately reflect the will of the people.”
The weapons were discovered in a container at the Freeport of Monrovia during the first week in January by the Liberia Revenue Authority Customs Service, the Liberia National Police and other members of the security apparatus following a tip-off by Unites States security agencies.
According to the Inspector General of Police, Col. Patrick Sudue, through joint security efforts, they managed to confiscate the container which was shipped to Liberia by a Liberian residing in Texas, United States identified as Boye Benjamin Baker. He reportedly works for American Airlines.
“We had the intelligence so we went to the Freeport and confiscated the container, opened the container – the first few boxes that were searched, we saw some heavy weapons, a lot of them, we’re talking about military weapons. As we speak the container is sealed up, we’re going to search the entire container,” he said.
Col. Sudue disclosed that at least 15 assorted riffles were discovered so far. “But those 15 weapons if you get them you can destabilize this country because those are high-ferocity-powered firing weapons. We’re talking about weapons that use 20-caliber rounds, 30-caliber rounds – those are not joking weapons,” Col Sudue said in early January. Several rounds of ammunition were also discovered.
Col. Sudue said the Police were focusing the investigation on the motive of the shipment and were also trying to establish if there were previous unnoticed shipments to the country.
“We need to know who those behind the importation of those weapons and who were those are going to use the weapons,” he said following the discovery at the Freeport of Monrovia.
Upon the discovery, three people were arrested in connection with the illegal shipment of the arms. Barbra Debba of Old Road community who was to receive the consignment was among those arrested. The broker identified as Melvina was also arrested. During the search of the consignee’s home (Boye Baker) in Brewersville, more weapons were discovered in the ceiling. Also found hiding in the ceiling is a man identified as Tamba who was also taken into police custody.
The outstanding U.S. Diplomat told the Faith and Justice Network Series, that Liberia, a republic for over 175 years, understands the fruits of democracy better than most countries on the globe, which has made the government of the United States confident that through the investment by civil society together with the collective partnership with the media and elections officials, Liberians will ensure healthy campaign season for the forthcoming general presidential and Legislative elections with results that are accurate and reflect the will of the people.
Ambassador McCarthy told the Faith and Justice Network that Justice and peace are a priority because we consciously MAKE them a priority.
“As an outside observer of Liberia, I strongly believe that one of the most powerful shared beliefs today, especially among those over age 20, is a visceral determination NOT to return to the chaos and mayhem of the civil war years. That is a gut reaction that must be shared liberally with the younger generations, who may find a resort to violence tempting, in their ignorance.”
“While we have heard much today about societal values and theories for effectively advancing peace, I would like to step momentarily into the realm of the tangible: I salute the vigilance of the Liberian Revenue Authority Customs officials and their coordination with the National Security Agency, the Liberia National Police, and the Port Authority Police in interdicting an illegal shipment of weapons in the first week of January.”
President George Weah, recently reechoed the government of Liberia’s resolve to bring to Justice those behind the importation of a huge cache of arms into Liberia.
President Weah, told members of the Legislature that the government of Liberia is working with its international partners to ensure it gets to the root of the arms importation.
It may be recalled the Ministry of Justice is considering filing an extradition request to the United States government for Boye Benjamin Baker, the alleged ringleader behind the illegal importation of “military-grade” weapons in Liberia.
Discussions about Baker’s extradition, according to a high-placed source at the Ministry, have been taking place and the result so far remains positive.
Such a move would mark a significant step up in the government’s effort to prosecute all those who have been accused of smuggling arms which include M16 and AK47 assault rifles and other long-range weapons and ammunition.
Baker, according to the police is a US-based Liberian that lives in Texas and the ringleader behind the smuggling of arms and ammunition that “can destroy the entire country due to their advanced sophistication.”
Extradition treaty between Liberia and the US
Liberia and the US government signed an extradition treaty that came into force on November 21, 1939, but, according to the document, the treaty was valid for five years.
There is no known extradition treaty between Liberia and the US other than the 1930 document, which states in ARTICLE XIII that “The present Treaty shall remain in force for five years.”
Since the treaty was signed, the US has failed to surrender any alleged fugitives requested by the government of Liberia. Liberia has however kept its side of the bargain years after a US Circuit Court ruled that the Extradition Treaty between the US and Liberia expired in 1944.
This would complicate any extradition request for Baker since his counsel would use it to argue that the Liberian government had no grounds to seek his extradition. It might also stall any judicial procedures against the other perpetrators in Liberia.
However, any determination of Liberia’s extradition request, which would be channeled through diplomatic means by the Ministry of Foreign Affairs, would be at the mercy of the US State Department, which will then make a final determination after reviewing the request.
If the request is approved, the possible extradition of Baker would not be immediate since the US Justice Department will have to apply to a judge regarding the Liberian government’s extradition request, and then the final determination will be made on the argument put forward by both the US government lawyer and that of Baker’s.
However, the US government’s attitude of not granting Liberia an extradition request has continued to be a source of frustration in the US-Liberia bilateral relationships. In 1984, the regime of the late Samuel Doe made an extradition request to the US for Charles Taylor, who had fled to the US, having been accused of embezzling US$900,000 from the General Service Agency (GSA) where he once worked.
The request was however never honored. In 2013 also, the administration of former President Ellen Johnson Sirleaf filed an extradition request to the US government regarding the jailed former Managing Director of the Roberts International Airport (RIA), Ellen Cockrum, who was wanted in Liberia for alleged corruption.
The Sirleaf administration made diplomatic efforts, but nothing materialized until the end of the Sirleaf administration.
In 2013, Cockrum was indicted by the Board of Directors of the Liberia Airport Authority (LAA) for alleged financial misappropriation of over US$500,000 but the extradition request did not materialize as the US was reluctant to accept the government’s request since the accused was a US citizen.
Last year, in the US, she was sentenced to jail for about 30 years after perpetrating a scheme to fraudulently obtain more than $7.9 million in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Who is Baker?
According to the Liberia National Police, Baker’s deeds were uncovered after a joint security operation busted his smuggling operation involving the illegal importations of arms and ammunition at the Free Port of Monrovia.
He was then identified as the ringleader of the smuggling operation, with his address being Texas, United States of America, Police Inspector General, Patrick Sudue disclosed a few days ago.
“Boye Benjamin Baker is the one who is sending these military weapons to Liberia. He lives in Texas, USA, and works for an American airline,” Sudue said. “The quantity of the illegal importation remains huge and was smuggled into the country in a container.”
“We had an Intel on this container. We went to the Free Port to open up this container. In the first three boxes that were opened, we discovered some heavy weapons. We are talking about military weapons,” the police said.
Barbara Debah, a resident of the Old Road community, and another lady only identified as Melvina were named as Baker’s accomplices. The former was the designated recipient of the consignment while the latter was the clearing officer.
Some of the arms include M16 and AK47 rifles. The guns were seized at the Free Port and other areas of Montserrado County. The weapons, Sudue said, could destroy the country due to “their advanced sophistication, and were smuggled into the country in a container.
Another joint security operation, which was carried out at the Baker’s home in Brewerville, also led to the bust of an additional consignment of smuggled arms and ammunition hiding in the ceiling.
VP Taylor Says “Electoral Magistrates are Corrupt”
Speaking at the same forum, Vice President Jewel Howard Taylor accused National Elections Commission’s county Magistrates of being corrupt and has called on the NEC to either rotate or replace them before the October presidential and legislative elections.
VP Taylor said: “The internal dispute resolution processes are not free and fair and those who look at it, and I can tell you, most of the electoral Magistrates are corrupt. They need to be rotated, they need to be changed, whatever NEC needs to do. That will provide an environment where people feel that they are free to participate”
The Vice President further disclosed that during elections, Magistrates are often paid in advance to ensure certain people come out victorious, thus making it difficult for complaints to be taken seriously, whenever foul play is observed.
She, however, called on religious leaders, to play a pivotal role in ensuring that internal disputes involving NEC Commissioners are resolved to avoid hindrance during the elections.
“The issue of internal dispute resolution must be taken very seriously and the issues of people that have stayed so long. People have been in that position since 2005. They are their system and they will tell you upfront I am the system,” she started.
“If you don’t deal with me, you are not going to win. Indeed people don’t win. Not because they have lost but because the system is jeopardized from the beginning. The Election Commission needs to look carefully at what to do about those people,” she said.
She further said, “I hope they will open their doors for some intervention before it gets too late. There is a conflict at NEC. Some of the commissioners don’t see eye to eye, and because of that, the system could be blocked or set aside and in the end, the government will be responsible.”
Former ECOWAS Special Representative Urges Respect the Rule of Law
Delivering the keynote remark at the forum, the former Special Representative of the President of ECOWAS, Ambassador, Babatunde O. Ajisomo said the lack of prosecution for electoral offenses and the lack of accountability have come with a risk of creating a culture of impunity, where political actors feel emboldened to engage in misconduct without fear of repercussions.
Amb Ajisomo asserted that the lack of prosecution not only undermines the integrity of the election but also sends a message to political actors that such misconduct should be accepted.
He indicated that for peace to become more sustainable during the electoral cycle, people must adopt non-violent ways to resolve their issues and differences.
According to him, NEC and security agencies must ensure that an equitably facilitate level plain field is made available to all candidates and political parties throughout the 2023 electoral process.
He warned politicians to refrain from undermining the people’s understanding of the legitimacy of the elections, especially on social media.
Said Ajisomo, “A significant step to ensure that all political parties adhere to these principles could be the renewal of the Farmington Agreement of 2017, which committed all signatories, including the major political parties ‘to a free, fair, transparent and non-violent election in Liberia.”
He further expanded: “A 2023 Peaceful Election Agreement should include a commitment to guidelines on the proper use of social media ahead of and immediately after the elections.
“NEC, the LNP, and security agencies, as well as the Ministry of Justice and the judiciary, must work closely together to ensure that electoral offenses are investigated and those found guilty are held accountable for their actions.”
Ajisomo urged NEC to continue holding regular dialogues with parties through the platform of the Inter-party Consultative Committee (IPCC) within the framework document.
He explained that the Judiciary as the final arbiter has a crucial role to play in settling electoral disputes with care and caution to consolidate democracy and the rule of law while urging civil society and faith-based organizations to promote civic education and monitor the electoral process.
“All these stakeholders must work together to ensure that electoral misconducts are identified, investigated, and addressed swiftly and that the citizens’ right to choose their leaders are respected,” he averred.
