The Full Bench of the Supreme Court of Liberia can not allow Brownie Samakai to be certificated by the National Elections Commission (NRC) as Senator-elect of Lofa County; because, if the court does, it would be very difficult if not inpossible to easily get the Senator Elect to clear his “disability” in fulfillment of the Court’s Order!
The Court will lose original jurisdiction over the person, Brownie Samakai, were the court to allow him to be certificated by the National Elections Commission!
The Circuit Court of First Judicial Circuit, Criminal Court “C” has original jurisdiction over the person Brownie Samakai because he is not acting under the authority of Government!
The Court’s demand is: Unless and until Brownie Samakai clears his “disability” in fulfillment of the Court’s order, he shall not be certificated by the National Elections Commission as Senator Elect of Lofa County!
The Court is right; because, when Brownie Samakai becomes Senator, he will be acting under the authority of Government, and Circuit Court of First Judicial Circuit, “Criminal Court C” has no person jurisdiction over any person who acts under the authority of Government!
At first, we thought the former Defence Minister and the prospective Senator for nine unbroken years, acting under the authority of Government, should be given his job to be able to pay his debt!
But, if Brownie Samakai is Senator, to get this AFL’s Compulsory Contributing Fund out of him, it will not be easy; it will have to take nine unbroken years, and if he’s re-elected, another nine unbroken years.
Cllr. Jimmy Saah Bombo, see the effectiveness a court having original jurisdiction over the person?
The court must have jurisdiction over the person and the subject matter before judgement lies or is binding!
Cllr. Bombo, the five Judges of the Supreme Court do know that the Circuit Court has no original jurisdiction over any person who acts under the authority of Government! We only compromise judgement, we do not follow the law!
The Court with the original jurisdiction over any person acting under the authority of Government is Claims Court, which has not been fully constituted in our justice system yet! Though the House of Representatives (IN SESSION) has already passed Claims Courts into the full force of the law since March 26,2013 and forwarded same to the Senate seeking concurrence, but the Senators have refused to concur with the House of Representatives and pass Claims Courts into the full force of the law; because, they want to condone corruption in our goverance system.
Cllr. Bombo, Brownie Samakai is being prosecuted for corruption! Do not forget that! So this means, corruption can be prosecuted in our justice system; but, the person to be prosecuted is the problem!
The only reason why Brownie Samakai is being prosecuted by “Criminal Court C” is because the court has original jurisdiction over his person; he is not acting under the authority of Government!
Do you think any person acting under the authority of this Government can be prosecuted by Criminal Court C for corruption?
Will you be suggesting that their is no corrupt person in this President George Manna Weah’ Government (because there is no proof? Do you think the blind man doesn’t know when the sun is hot?)
We are kindly appealing to Former VP Joseph Boakai to please borrow Brownie Samakai the remaining 50% of what the court is demanding!
We know that, as soon as the Senator takes his seat, he will be able to pay back half of the amount the VP will be lending to Lofa County, because it is the citizens of Lofa County who gave him the job to represent their interest in Government! All his salaries and benefits since January, plus the $30g is sufficient to offset up to 50%
If only Claims Courts are fully constituted in our justice system according to Article 26 of the 1986 Constitution of the Republic of Liberia, we will have Claims Court of First Judicial Claims to also prosecute any person acting under the authority of Government who will be corrupt!
We must make those who are corrupt very uncomfortable in our goverance system; no one should go with impunity for any wrongdoing!
With Claims Courts in our justice system, we will fight and win corruption in our goverance system!
This is a classic example of justice!
