Monrovia – Justice-in- Chamber Jamesetta Howard Wolokolje has refused to grant an alternate writ of certiorari sought by former Home Speaker J. Fonati Koffa and fourteen co‑defendants, a significant growth within the excessive‑profile Capitol arson case.
By Willie N. Tokpah
Justice Wolokolie, presiding in Chambers, directed Felony Courtroom “A” Decide Roosevelt Z. Willie to renew jurisdiction and proceed in accordance with regulation, thereby lifting a beforehand issued keep on the proceedings.
Justice Wolokolie’s choice alerts that Decide Willie dedicated no procedural error when he denied the defendants’ movement to suppress key proof submitted by state prosecutors.
The authorized drama started after Decide Willie, seated in Felony Courtroom “A” on the Temple of Justice, denied a movement by Koffa and his co‑defendants to suppress sure proof proffered by the state.
In his ruling, Decide Willie held that the proof challenged by the protection must be introduced to the trial jurors, who would assess its weight and credibility, somewhat than having the court docket exclude it outright.
In response, Koffa’s authorized workforce petitioned the Supreme Courtroom, requesting issuance of a writ of certiorari to evaluate, and doubtlessly overturn, the decrease court docket’s ruling.
They contended that the choose’s choice undermined constitutional protections towards illegal searches and seizures, in addition to different procedural ensures.
Affiliate Justice Wolokolie, performing in her capability as Justice in Chambers, initially responded by issuing a keep order, halting all additional motion within the trial and calling for a convention with counsel on October 2.
At that convention, arguments have been introduced by each the defence and the prosecution relating to the propriety of granting the writ of certiorari.
Nonetheless after cautious consideration, Justice Wolokolie declined to challenge the choice writ requested by Koffa and his co‑defendants.
In doing so, she directed Decide Willie to renew jurisdiction and proceed consistent with the regulation.
The instant impact of her choice is that the keep on the trial is lifted, and the legal proceedings could proceed underneath Decide Willie’s authority.
In a communication signed by Supreme Courtroom Clerk Sam Mamalu, the directive learn:
“By directive of Her Honor Jamesetta H. Wolokolie, Affiliate Justice presiding in Chambers, you’re hereby mandated to renew jurisdiction, and proceed consistent with regulation because the Justice has declined to challenge the writ prayed for.”
This growth was broadly anticipated, given earlier Supreme Courtroom pronouncements in associated issues the place a justice in chambers declined comparable petitions and ordered trial courts to renew proceedings.
For the protection workforce, the Supreme Courtroom’s refusal to intervene at this stage is a setback.
They’d asserted that the trial court docket’s dealing with of proof raised severe constitutional and procedural questions.
That argument now have to be addressed within the context of the continuing trial.
From the prosecution’s standpoint, the choice reinforces confidence in Decide Willie’s authentic ruling, validating, not less than provisionally, the admissibility of the contested proof.
Authorized observers recommend this choice could underscore a judicial reluctance to grant certiorari in pending legal trials except manifest error or constitutional disaster is clearly proven.
The case stays politically charged.
The arson of the Capitol Constructing in December 2024 has drawn intense scrutiny, with the fees together with arson, conspiracy, and legal mischief, amongst others.
Because the trial resumes, eyes will probably be on Decide Willie and whether or not additional challenges will probably be superior to the Supreme Courtroom by way of different procedural autos to incorporate attraction after closing judgment or reserved questions, ought to the end result be unfavourable to any get together.
