IPNEWS-Monrovia: President George Weah’s proclamation on Tuesday, February 22, 2020 granted clemency and ordered the Suspension of the two-year prison sentence imposed on Mr. Brownie J. Samukai, former Minister of National Defense following he and two official conviction of misapplication of compulsory pension fund of the Armed Forces of Liberia.
The proclamation read: The President of Liberia, pursuant to Article 59 of the 1986 Constitution which vests in him the power and authority “to grant reprieves, suspend fines, sentences and pardon anyone convicted and sentenced for a crime has, with immediate effect, ordered the suspension of the two (2) year prison sentence imposed on Mr. Brownie J. Samukai, following his conviction by the Supreme Court of Liberia; with the proviso that he (Brownie J. Samukai) will work with the Ministry of Justice to enter a stipulation for the full settlement of the Armed Forces of Liberia money.”
Since the pronouncement of the President’s proclamation that gave a reprieve to Samukai, there have been mixed public reactions, whether the President’s action is not undermining the fight against corruption or Samukai’s denial of a Senate seat he overwhelmingly won in the 2020 Midterm Senatorial election in Lofa County was a political witch hunt based on reports that the ruling Coalition for Democratic Change (CDC) had one asked the former Defense Minister to run on their ticket but he reportedly turned them down.
But responding at the Executive Mansion Tuesday, McGill said Samukai was convicted long before the election, and as such, the accusation against the government is unwarrantable. “The case started before Samukai decided to contest. He was convicted before he started the election. To now suggest that he was deprived of the seat, that is unfortunate,” he refuted.
On where the government stands in the fight against corruption amid the President’s pardon, Minister McGill averred the President was exercising his constitutional authority, and was in no way shielding or supporting corruption. He said the President’s decision was also in line with the administration’s agenda to promote unity and reconciliation as the country celebrates its bicentennial.
The Presidential Affairs Minister stated that the Weah-led government does not have any sacred cow that is exempted from the law, and that once a crime is committed the punishment consistent with the laws of Liberia will be applied if the person is convicted through a competent court of jurisdiction.
In January 2022, the Supreme Court of Liberia ordered the incarceration of Mr. Samukai, the Senator-elect of Lofa and co-defendants for two years for their failure to comply with the mandate of the court – that’s to pay 50 percent of the judgment sum of US$537,828,15 within the period of six months.
The High Court ordered Samukai and co-defendants to serve two year prison term and pay the full judgement amount of US$1,147,656.35, less than the amounts already paid by them. The Supreme Court said: “Upon their failure to pay, they shall remain in prison until the full balance is liquidated at the amount of US$25 per month.”
The Court’s verdict was the climax of a sustained judicial process that began in over two years ago when state prosecution filed a lawsuit against Samukai and the former Deputy Defense Minister for Administration, Joseph F. Johnson and J. Nyumah Dorkor, former Comptroller of the Ministry of Defense for mismanaging the retirement fund of the Armed Forces of Liberia (AFL).
On March 24, 2020, Criminal Court ‘C’’ found them guilty of misappropriating US$1.3 million from the AFL compulsory contributing fund that was deposited at Ecobank Liberia.
Following the ups and downs of the legal proceedings, the Supreme Court upheld the lower court’s verdict and ordered the culprits to restitute the full amount over a one-year period or risk incarceration. Following their failure to collectively pay, the Court rendered its final judgement against them.