Monrovia – Felony Courtroom “A” Choose Roosevelt Z. Willie has ordered that the Bail Bond filed by former Speaker J. Fonati Koffa and his co-defendants be returned to the Monrovia Metropolis Courtroom for a listening to on its sufficiency.
By: Victoria G. Wesseh
Choose Willie instructed the Clerk of Courtroom to ahead the Bail Bond, together with the prosecution’s exceptions and the defendants’ resistance, to Stipendiary Justice of the Peace L. Ben Barco for willpower. The Justice of the Peace has been mandated to conduct the listening to between Friday, June 20, and Tuesday, June 24, 2025, and report his findings to the Circuit Courtroom no later than Wednesday, June 25.
In accordance with Choose Willie, Felony Courtroom “A” can’t hear a matter that has not been correctly venued earlier than it. Because the case was prematurely transferred from the Metropolis Courtroom with out a ruling on the exceptions to the Bail Bond, the matter should return to Justice of the Peace Barco for that particular listening to.
“This Courtroom can’t and won’t hear a matter that’s not correctly venued earlier than it. Since this isn’t the fault of the prosecution, the matter is returned to the Justice of the Peace Courtroom for listening to of the exceptions and resistance to the Bail Bond solely,” the choose dominated.
He clarified, nevertheless, that this doesn’t stop the prosecution from difficult the bond earlier than the Circuit Courtroom on the applicable time, as soon as the Metropolis Courtroom has accomplished its overview.
Protection Argument
Through the listening to, attorneys representing Koffa and others—Cllrs. Wilkins Wright, Jonathan Massaquoi, and others—argued that the document clearly reveals the exceptions have been filed and venued earlier than Justice of the Peace Barco however have been by no means dominated on previous to the case being forwarded to the Circuit Courtroom. Due to this fact, they contend, the exceptions ought to be deemed moot.
They additional argued that, below Liberian authorized process, when a case is transferred from the Justice of the Peace Courtroom to the Circuit Courtroom, the Circuit Courtroom acts anew—starting with the indictment and the issuance of its personal writ of arrest. Therefore, the Circuit Courtroom is just licensed to depend on actions formally dominated upon by the Justice of the Peace.
The protection insisted that as a result of Justice of the Peace Barco didn’t rule on the prosecution’s exceptions, the defendants’ Felony Look Bond ought to stand—significantly because the bond’s sureties have already appeared and given approval.
The protection additionally knowledgeable the courtroom that the preliminary examination was argued earlier than the Justice of the Peace on Thursday, June 12, 2025, with the ruling reserved for the next day. Nonetheless, the case file was forwarded to the Circuit Courtroom later that very same afternoon, earlier than the ruling was rendered.
Prosecution’s Argument
Represented by Cllrs. Jarry D. Garlawolo, Bobby Livingstone, and others, the prosecution opposed the protection’s movement and urged the courtroom to dismiss it, citing each authorized and procedural grounds.
They argued that, below the regulation, the prosecution has three days from the posting of a bond to file exceptions. On this case, the protection posted bond on June 9, and the prosecution filed its exceptions on June 12, inside the allowable timeframe.
Moreover, they asserted that the protection had three days to justify the bond after being served with the exceptions—ending on Sunday, June 15, 2025. Nonetheless, the preliminary examination concluded on Friday, June 13, and the case file was already forwarded to the Circuit Courtroom, which, based on the prosecution, had jurisdiction to listen to the matter.
They contended that the exceptions and justifications have been filed inside the authorized timeframe, and due to this fact the Circuit Courtroom might rightfully hear arguments on the validity of the Felony Look Bond.
“The appliance by the protection that the bond matter ought to have ended on the Justice of the Peace Courtroom runs opposite to each the letter and spirit of our regulation,” the prosecution acknowledged. “A bond filed on the Justice of the Peace Courtroom, as soon as correctly justified, may be challenged as much as the Honorable Supreme Courtroom.”
The Approach Ahead
Choose Willie’s choice to refer the matter again to the Metropolis Courtroom displays a procedural stance to make sure that all authorized steps are correctly adopted. The Justice of the Peace is now tasked with figuring out whether or not the bond is ample, after which the case might proceed accordingly within the Circuit Courtroom.
