Monrovia – One of the crucial consequential indictments in Liberia’s current authorized historical past is unfolding at Prison Court docket ‘A’ on the Temple of Justice, elevating questions in regards to the line between accountability and political focusing on.
A Particular Grand Jury for Montserrado County has handed down a sweeping 63-count indictment implicating former Home Speaker J. Fonati Koffa and greater than a dozen others within the December 18, 2024, arson assault that gutted the joint chambers of the Capitol Constructing.
Regardless of the gravity of the costs—starting from arson and prison conspiracy to tried homicide—the case in opposition to Koffa seems tenuous at greatest, with no direct proof linking him to the planning or execution of the alleged assault.
Implication With out Specifics
The indictment, filed on June 16, repeatedly accuses Koffa of offering “help and facilitation” to the alleged ringleaders of the Capitol assault. But, it fails to outline or element the character of that alleged help. Authorized consultants say the language used is imprecise and unsupported by concrete proof.
On the coronary heart of the prosecution’s declare is a dialog cited in Depend Three, wherein co-defendant Thomas Etheridge allegedly instructs one other suspect, Amos Kofa, to “go to Hon. J. Fonati Koffa’s home” after the Capitol had been set ablaze.
The one different purported hyperlink is that two of Koffa’s former staffers—Endurance Bestman and Harrilyn Grace Johnson—had been members of a non-public chatroom wherein contributors allegedly mentioned deleting proof from Etheridge’s telephone. The indictment doesn’t allege that Koffa was a part of the chatroom, conscious of its content material, or gave any directive to hide proof.
“There’s no act, no command, and no utterance from Hon. Koffa all through the whole indictment,” mentioned a Monrovia-based authorized analyst, talking on situation of anonymity. “Beneath Liberian legislation, to be answerable for conspiracy or facilitation, there should be proof of intent and an overt act. That’s lacking right here.”
Absent from Key Proof
In contrast to different defendants, Koffa is just not heard in any of the intercepted communications detailing the assault. For example, co-defendant Eric Susay is alleged to have boasted about assaulting a police officer and handing the officer’s weapon over to former Government Safety Service (EPS) brokers.
Different recordings define a plot to make use of chemical brokers and tear gasoline to dam lawmakers from accessing the joint chambers. Koffa’s identify doesn’t seem in any of those conversations.
Regardless of this, the indictment repeatedly makes use of the phrase: “with the help and facilitation of J. Fonati Koffa.” However it by no means alleges that he funded the plot, equipped supplies, issued orders, or attended planning conferences.
Political Undercurrents?
The indictment comes within the wake of a politically charged energy battle within the Legislature. Simply weeks earlier than the assault, the Supreme Court docket struck down an try by lawmakers aligned with the ruling Unity Social gathering to take away Koffa from the Speakership, declaring their actions unconstitutional.
In that context, some observers recommend that Koffa’s inclusion within the indictment could also be extra about political retaliation than authorized advantage.
“The timeline and the context can’t be ignored,” mentioned a legislative aide conversant in current Home management disputes. “This assault got here proper after the Supreme Court docket halted the transfer to oust Koffa. Now he’s charged—based mostly on minimal proof—with masterminding the identical act.”
Koffa has but to subject a public assertion, however sources near his authorized crew say they’re making ready to problem the indictment. A movement to dismiss for lack of proof, or a movement to sever his case from the opposite defendants, is predicted within the coming days.
The Authorized Threshold
Liberian prison legislation units a excessive bar for conspiracy and facilitation. The Penal Code requires not simply affiliation or passive consciousness however a demonstrable act that materially assists within the fee of against the law.
“The legislation doesn’t punish guilt by affiliation or employment,” famous a senior lawyer on the Temple of Justice. “Absent proof of intent or energetic participation, these allegations are unlikely to face.”
Authorized consultants argue that until the prosecution can show that Koffa approved or had information of his employees’s alleged actions, he can’t be held criminally liable for his or her actions.
“The indictment doesn’t even allege that Hon. Koffa noticed the messages or knew the chatroom existed,” added the Monrovia-based authorized analyst. “That’s an enormous evidentiary hole.”
Because the case strikes ahead, many shall be watching to see whether or not the prosecution can substantiate its claims or whether or not Koffa’s indictment is an instance of politicized justice. Whereas the Capitol fireplace was a nationwide tragedy that warrants a radical investigation and accountability, the authorized commonplace should stay grounded in info—not hypothesis or affiliation.
For now, what stays clear is that the indictment in opposition to J. Fonati Koffa hinges extra on circumstantial inferences than on direct proof—some extent prone to be central in his protection.
