Gov’t Tumbles on Constitution!

>…Recognizes Error; Reverses Gag Order The Government of Liberia has apparently tumbled over its Constitution providing for freedom of information and of the Press in wake of reversal of its restriction on coverage of secret recordings the by the media.

The reversal of the order issued by the government followed massive criticisms from media and legal pundits and other civil society organizations including the Press Union of Liberia, a prominent human rights lawyer, Frederick Jayweh, and others descended against order. Frederick Jayweh, Speaking to the a local radio station from the United States, said the court was in error and as such the Liberian media was not under obligation to obey since the precept containing the order did not name any institution. Under CHAPTER III of the 1986 Constitution titled FUNDAMENTAL RIGHTS, Article 15 (a) (b) and (c) provides for “…the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution.” In Section (b), the Constitution states that “The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent, while Section (C) provides that “In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries.” The Liberian human rights lawyer said the court was not to issue such order especially knowing that the constitution has granted the freedom to the people to be informed all of the time. He said if the government was serious, it should have sought a prohibition in the Supreme Court against the Press Union and its members from publicizing the Corkrum matter, noting that such prohibition would have been constitutionally tested. The people’s inalienable right to be informed should not be abrogated by a order of such, according to the lawyer. For his part, the Press Union’s Peter Quaqua wonders how come recordings which Justice Minister Christiana Tah said were not admissible to court would be used as a basis for such a court ruling restricting journalists from covering the recordings by Corkrum. Quaqua, like Jayweh, considered the court’s ruling ordering journalists against covering the Corkrum recordings as unconstitutional, even though he mentioned nothing about challenging the order to the Supreme Court. Notwithstanding, the Outgoing President of the Press Union of Liberia frowned on the government for manipulating the court system, calling on the government to desist from such manipulation. A Montserrado County Legislator, Associate professor Richmond Anderson also criticized the government for such restriction. Mr. Anderson who is the House Committee Chairman on Information and Broadcasting also said the gag order was “unconstitutional.” According to him, it was unconstitutional because it was unnecessarily enjoin the media against the right of the people to know what happens to some millions of dollars and the conduct of some of those they pay through their taxes. “Will the Court stop the internet? No! I think the court should know that the Liberian people needs to know what is happening around them,” he said, noting that that in keeping with Article 15 of the Constitution, journalists are responsible if they report falsehood and that the court wouldn’t say the recordings are the making of the media people themselves. He however noted that although the government is media friendly, but added that barring the media from reporting certain issues is not democratic, but relevantly means that the government is barring democracy. In defense of the Government, Deputy Information Minister Isaac Jackson says the gag order was intended to minimize discussion of the Corkrum issue. Jackson said Ellen Corkrum is a wanted person in Liberia, but added that as a result of her U. S. army connection, she may tell the United States Government not to hand her over the Liberian Government because she has already been prosecuted in the court of public opinion in Liberia. Noting that the Liberian Embassy in Washington is pursuing every diplomatic means with the American government to have Cockrum extradited, Jackson further said public discussions and opinions against the U. S. army personnel could be valid legal reason why the U. S. Government may not turn her over in the face of public discussions and opinions against her. He however noted that the U. S. Government knows that the U. S. Army should not be used to harbor someone wanted on criminal charges. Gag Order Reversal The Government of Liberia through the Ministry of Justice has filed a Bill of Information before the Criminal Court “C” for the retraction of a Gag Order issued over the weekend against journalists for the coverage of the secret tapes being released by the former head of the Liberia Airport Authority Ellen Corkrum and her fiancé Judge Melvin Johnson. The Liberian government's decision to censor the media on the matter drew ire from media executives and the general public. The criticisms over the Gag order restricting the media over coverage of the Corkrum secret recording saga came on the heels of the arrival of President Ellen Johnson Sirleaf back in the country. Reliable sources hinted that the President had expressed dissatisfaction over the issuance of such an order while at the same time calling for its revocation leaving the GOL with no alternative but to ask the court to trash the orders. Late Monday evening, President Ellen Johnson-Sirleaf made the following statement on the issue, explaining why the gag had been lifted. Earlier, the government wanting to curb the wave of secret recordings being unleashed by Ellen Corkrum and her fiancé Melvin Johnson, reportedly filed a Bill of Information at the Criminal Court C in Monrovia, preventing media institutions from playing, publishing or discussing the recordings. According to reports, the order reads: "You are further prohibited from holding any radio program including talk-shows, publication, broadcasting or disseminating by radio, press and electronic media, any interview, discussion or tapes and any other recording, made by Ellen K. Corkrum while serving as Managing Director of the LAA which directly or indirectly touches on this matter (Republic of Liberia versus Ellen K. Corkrum - Crime: Economic Sabotage, Theft of Property)". Apparently, this order would mean anyone going against the it would be in violation of the court order which is punishable under the law. Frank Sainworla, Station Manager at Radio Veritas read a text message from Deputy Minister of Information, Isaac Jackson that a writ was on the way but has not officially received a copy. A gag order, also known as a gagging order or suppression order, is an order, typically a legal order by a court or government, restricting information or comment from being made public, or in some cases, passed onto any unauthorized third party. The phrase may sometimes be used of a private order by an employer or other institution. In the case of the current controversy, Justice Ministry officials say they are hoping to prevent a potential jury pool from being tainted. Critics say a gag order restricts and limits may limit freedom of the press by instituting censorship or restricting access to information. Legal experts say gag orders may be abused as a useful tool for those of financial means to intimidate witnesses and prevent release of information, using the legal system rather than other methods of intimidation. Corkrum and her fiancé have so far played recordings of President Sirleaf, Defense Minister Samukai, Minister of State Dr. Edward McClain and LAA Board Chair Musa Bility. The recordings have spurred interests from both Liberians and the international community prompting the lower house of the national legislature to query the matter. According to a local daily, the leadership of the House of Representatives' on Wednesday announced that its attention had been drawn to unfolding developments in Monrovia, amidst the release of documents linking the Presidency and other senior officials of government to allegations of misconduct and other issues with purported economic and national security implications. "The leadership of the House of Representatives, while actively involved in a nationwide solicitation of the peoples' input on the draft Petroleum Laws, is deeply concerned about these developments. Please be assured that we are currently in the process of taking significant steps to obtain the appropriate information from broad consultations on the matter, to inform our own deliberations." In August, the Liberian government announced an indictment of Corkrum and her fiancé, accusing the pair with the crime of Economic Sabotage, Theft of Property, criminal conspiracy and misapplication of entrusted property. Corkrum was indicted along with LAA board chair, Musa Bility, Diaspora Consulting LLC thru Moamar Dieng.

Gov’t Tumbles on Constitution!

>…Recognizes Error; Reverses Gag Order The Government of Liberia has apparently tumbled over its Constitution providing for freedom of information and of the Press in wake of reversal of its restriction on coverage of secret recordings the by the media.

The reversal of the order issued by the government followed massive criticisms from media and legal pundits and other civil society organizations including the Press Union of Liberia, a prominent human rights lawyer, Frederick Jayweh, and others descended against order. Frederick Jayweh, Speaking to the a local radio station from the United States, said the court was in error and as such the Liberian media was not under obligation to obey since the precept containing the order did not name any institution. Under CHAPTER III of the 1986 Constitution titled FUNDAMENTAL RIGHTS, Article 15 (a) (b) and (c) provides for “…the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution.” In Section (b), the Constitution states that “The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent, while Section (C) provides that “In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries.” The Liberian human rights lawyer said the court was not to issue such order especially knowing that the constitution has granted the freedom to the people to be informed all of the time. He said if the government was serious, it should have sought a prohibition in the Supreme Court against the Press Union and its members from publicizing the Cockrum matter, noting that such prohibition would have been constitutionally tested. The people’s inalienable right to be informed should not be abrogated by a order of such, according to the lawyer. For his part, the Press Union’s Peter Quaqua wonders how come recordings which Justice Minister Christiana Tah said were not admissible to court would be used as a basis for such a court ruling restricting journalists from covering the recordings by Corkrum. Quaqua, like Jayweh, considered the court’s ruling ordering journalists against covering the Corkrum recordings as unconstitutional, even though he mentioned nothing about challenging the order to the Supreme Court. Notwithstanding, the Outgoing President of the Press Union of Liberia frowned on the government for manipulating the court system, calling on the government to desist from such manipulation. A Montserrado County Legislator, Associate professor Richmond Anderson also criticized the government for such restriction. Mr. Anderson who is the House Committee Chairman on Information and Broadcasting also said the gag order was “unconstitutional.” According to him, it was unconstitutional because it was unnecessarily enjoin the media against the right of the people to know what happens to some millions of dollars and the conduct of some of those they pay through their taxes. “Will the Court stop the internet? No! I think the court should know that the Liberian people needs to know what is happening around them,” he said, noting that that in keeping with Article 15 of the Constitution, journalists are responsible if they report falsehood and that the court wouldn’t say the recordings are the making of the media people themselves. He however noted that although the government is media friendly, but added that barring the media from reporting certain issues is not democratic, but relevantly means that the government is barring democracy. In defense of the Government, Deputy Information Minister Isaac Jackson says the gag order was intended to minimize discussion of the Corkrum issue. Jackson said Ellen Corkrum is a wanted person in Liberia, but added that as a result of her U. S. army connection, she may tell the United States Government not to hand her over the Liberian Government because she has already been prosecuted in the court of public opinion in Liberia. Noting that the Liberian Embassy in Washington is pursuing every diplomatic means with the American government to have Cockrum extradited, Jackson further said public discussions and opinions against the U. S. army personnel could be valid legal reason why the U. S. Government may not turn her over in the face of public discussions and opinions against her. He however noted that the U. S. Government knows that the U. S. Army should not be used to harbor someone wanted on criminal charges. Gag Order Reversal The Government of Liberia through the Ministry of Justice has filed a Bill of Information before the Criminal Court “C” for the retraction of a Gag Order issued over the weekend against journalists for the coverage of the secret tapes being released by the former head of the Liberia Airport Authority Ellen Corkrum and her fiancé Judge Melvin Johnson. The Liberian government's decision to censor the media on the matter drew ire from media executives and the general public. The criticisms over the Gag order restricting the media over coverage of the Corkrum secret recording saga came on the heels of the arrival of President Ellen Johnson Sirleaf back in the country. Reliable sources hinted that the President had expressed dissatisfaction over the issuance of such an order while at the same time calling for its revocation leaving the GOL with no alternative but to ask the court to trash the orders. Late Monday evening, President Ellen Johnson-Sirleaf made the following statement on the issue, explaining why the gag had been lifted. Earlier, the government wanting to curb the wave of secret recordings being unleashed by Ellen Corkrum and her fiancé Melvin Johnson, reportedly filed a Bill of Information at the Criminal Court C in Monrovia, preventing media institutions from playing, publishing or discussing the recordings. According to reports, the order reads: "You are further prohibited from holding any radio program including talk-shows, publication, broadcasting or disseminating by radio, press and electronic media, any interview, discussion or tapes and any other recording, made by Ellen K. Corkrum while serving as Managing Director of the LAA which directly or indirectly touches on this matter (Republic of Liberia versus Ellen K. Corkrum - Crime: Economic Sabotage, Theft of Property)". Apparently, this order would mean anyone going against the it would be in violation of the court order which is punishable under the law. Frank Sainworla, Station Manager at Radio Veritas read a text message from Deputy Minister of Information, Isaac Jackson that a writ was on the way but has not officially received a copy. A gag order, also known as a gagging order or suppression order, is an order, typically a legal order by a court or government, restricting information or comment from being made public, or in some cases, passed onto any unauthorized third party. The phrase may sometimes be used of a private order by an employer or other institution. In the case of the current controversy, Justice Ministry officials say they are hoping to prevent a potential jury pool from being tainted. Critics say a gag order restricts and limits may limit freedom of the press by instituting censorship or restricting access to information. Legal experts say gag orders may be abused as a useful tool for those of financial means to intimidate witnesses and prevent release of information, using the legal system rather than other methods of intimidation. Corkrum and her fiancé have so far played recordings of President Sirleaf, Defense Minister Samukai, Minister of State Dr. Edward McClain and LAA Board Chair Musa Bility. The recordings have spurred interests from both Liberians and the international community prompting the lower house of the national legislature to query the matter. According to a local daily, the leadership of the House of Representatives' on Wednesday announced that its attention had been drawn to unfolding developments in Monrovia, amidst the release of documents linking the Presidency and other senior officials of government to allegations of misconduct and other issues with purported economic and national security implications. "The leadership of the House of Representatives, while actively involved in a nationwide solicitation of the peoples' input on the draft Petroleum Laws, is deeply concerned about these developments. Please be assured that we are currently in the process of taking significant steps to obtain the appropriate information from broad consultations on the matter, to inform our own deliberations." In August, the Liberian government announced an indictment of Corkrum and her fiancé, accusing the pair with the crime of Economic Sabotage, Theft of Property, criminal conspiracy and misapplication of entrusted property. Corkrum was indicted along with LAA board chair, Musa Bility, Diaspora Consulting LLC thru Moamar Dieng.

“No Simply Means No,” Campaigners Tell Rapists

A march as part of activities commemorating the 16-Day of Activism to detest rape was organized Monday in Monrovia with one of the organizers saying "…if a little girl tells a man no, that simply means no." With its theme, “No Means No,” the marchers carried along with them caskets to say no to all forms of gender violence and gender-based violence against women.

Briefly speaking to journalists, Mr. T. Nelson Williams said, "A lot of our young girls and little boys are being raped, they are being abused and it's scarred them for life. That's why we are here marching today. That's why you see thousands of people marching." Liberian President Ellen Johnson Sirleaf, along with thousands of citizens, joined marched through the main streets of Monrovia on Monday to denounce rape -- which has remained a problem in the country since the civil war ended 10 years ago. Some of the campaigners were seen carrying caskets on their heads to demonstrate how deadly rape is. Sirleaf, dressed in a purple suit, told the Associated Press as she marched that she and others were "marching for a purpose, to stop violence against women. We are marching for a cause." Thousands of people lined Monrovia's main Tubman Boulevard as the march brought the center of the capital city to a standstill. Gender and Development Minister Julia Duncan-Cassell said that rapes are going on all over Liberia. "Last year five children died from rape and in this year alone, we have 10 that have died; and their ages are from three to 13 years old," she said. "The number of children that are dying because of rape in Liberia is an emergency. It should be declared an emergency." She said if the Monrovia area, which is accessible to law enforcement agencies, currently has "over a thousand rape victims, it is certainly worse in rural places" Patients returning from the country's largest hospital, the John F. Kennedy Memorial Medical Center, waved as the president and the marchers passed by under the sounds of drums and brass bands. Anti-rape campaigners wore T-shirts and caps and carried placards with inscriptions such as "Stop rape" and "Report it". Musician and teacher Miatta Fahnbulleh joined the anti-rape march with a group of girls from her all girls school saying that as a mother and grandmother who has daughters and nieces she "would be totally devastated if any of them were raped to the place where they died. This is a trend in our society that we all should be concerned about." Rape Campaigners Parade Caskets Anti-rape campaigners in Liberia and the Ministry of Gender and Development or MoGD, staged a shocking march through the streets of Monrovia Monday, carrying ten symbolic caskets and photos of rape victims who, they said, died just in 2013 alone. President Ellen Johnson-Sirleaf was said to have marched along with the campaigners yesterday, among several other dignitaries, who converged at the Antoinette Tubman Stadium or ATS for the official program. Since anti- rape messages and campaigns began in Liberia under the auspices of the Government and its collaborating Non-Governmental Organizations or NGOs several years back, the public continued to be sensitized on the protection of rape victims, to the extent that court proceedings are held “behind the cameras.” But the move to parade with deceased victims’ photos yesterday on symbolic caskets followed a recent threat made by the campaigners on 26 November, to display rape victims’ pictures in their 16 days of activism as a means of claiming the attention of the authorities, if nothing was done to speedily adjudicate rape cases. At the climax of their parade yesterday, Gender Minister Julia Duncan Cassell told journalists, in an interview, that in 2012, five rape victims died, while this year alone, ten rape victims have also died. “I think the rape law is watered down; we have to make a bid more. Last year we had five victims died; this year ten have died. We are calling on the religious groups, the Judiciary and others join the fight against rape – it’s terrible, and not just the Ministry of Gender alone,” she said. Minister Cassell said while the Ministry has a responsibility to do awareness on rape issues, there was a need for families and parents of rape victims to follow up their cases upon placement on court dockets after suspects are charged. She told journalists that because most parents don’t have the time to pursue cases in court, they would always abandon their cases and go back to villages and towns- something she said, contributes to several untouchable cases. “We are calling on everybody not to leave cases on the dockets, but follow it up; we cannot have a better society without women and children,” she noted. Her comment yesterday supported an earlier response made to anti-rape campaigners by the Supervisor of the Women and Children Protection Section or WACPS, Deputy Police Commissioner Alphan B. Lumeh, who noted that the job of the police is to arrest, investigate and send the perpetrators to court. He spoke to this paper on 26 November when the anti- rape campaigners visited the WACPS Headquarters on the Capitol Bye-pass with placards carrying several messages; the Associated Press report contributed to this story by the blogger. He said at times, the Police re-arrested suspects already investigated, charged and sent to court, stressing that the Police was just one arm of the justice system here. “We sent the bad people to court after investigation, but we don’t have the responsibility to do what the court should do, “he said. It can be recalled that in February this year, Criminal Court “E” Judge Sianeh Clinton-Johnson reported that prosecutor nolle prose quoi or abandoned 280 rape and sexual offense cases during the past seven terms of court here, recalling that since the court was established in 2009, a total of 34 cases have been tried out of which 18 guilty verdicts and 15 non-guilty were brought down.

"Resign Now Or Else…!" Criminal Justice Students Threaten Police Boss

The Association of Criminal Justice Students at the African Methodist Episcopal Zion University (AMEZU) is calling for the immediate removal from office the Inspector General of the Liberia National Police, Col. Chris Massaquoi, for conspiracy against the state and the President in aiding U. S. Flight Major Ellen Corkrum and her fiancé Melvin Johnson to abscond Liberia.

The Criminal Justice Students, who also urged President Ellen Johnson Sirleaf to dismiss the police boss on his failure to resign from the job, vow to pursue court action intended to remove Inspector General Massaquoi from office if he does not voluntarily resigned or be removed from office by the President. A spokesman of the group, Daniel Sando, told Radio VERITAS’ early Morning Show Tuesday that the police director conspired against the State and the President of Liberia when he facilitated the escape of Corkrum and fiancé from Liberia at the time the Government had planned to arrest her on corruption charges.

Reports have indicated that Mr. Massaquoi had a hand in the escape from Liberia of Corkrum, the former managing director of the Liberia Airport Authority, and her fiancé, Johnson and attorney at law in the United States.

. The pair reportedly fled the country via road apparently on ground that airport authorities had been alerted not to let them leave the country. Although the Inspector General Massaquoi was said to have been absent from office when the LNP was contacted Tuesday, Massaquoi is reportedly heard on tape telling the Corkrum and Johnson that instructions from higher ups have put in motion all stops to prevent them from leaving the country. Commenting on the reported role of the police boss, the AMEZU students say the latest fact linking the Police Inspector General speaks to the fact that the police chief should no longer enjoy the President’s confidence for conspiring against Madam President and the Liberian people. Mr. Sando, speaking for the students further, promised to pursue Mr. Massaquoi in court to be made to leave the office he presently holds. Madam Corkrum’s name was first linked to financial misappropriation at the airport when the she, was accused by her employer-the Government of Liberia- of attempting to defraud the state of nearly a quarter million United States dollars leading to her dismissal by President Sirleaf and a subsequent indictment issued against her. "On December 4, 2012, the LAA through its MD Corkrum submitted two requests to the Public Procurement and Concession Commission (PPCC) for "no objection" to single source SSF Entrepreneur INC and Diaspora Consulting LLC for the rehabilitation of the RIA's runway and other pavements in the combined amount of US$1,283,333.00 proposed for SSF Entrepreneurs Inc. and US$ 255,000.00 proposed for Diaspora Consulting LLC," according to the indicted as reported in Monrovia. Diaspora Consulting belongs to Corkrum's darling, Judge Melvin Johnson, who aided her to record some officials of the Liberian government now victim of controversy arising from strings of scandalous recordings. Apparently Corkrum in an attempt to clear her name started to secretly tape her perceived enemies and allies alike. But recordings so far show the opposite; 'she only taped her friends'. The US$500,000 Allegations Corkrum, who is the former Managing Director of the Liberia Airport Authority, escaped Liberia in the wake of allegations of stealing about US$500,000. But she averred that she refused to sign key financial documents when she was supposedly requested to do so by the then Chairman of the Board of Directors of the LAA, Musa Bility. She explained that the allegations that she stole about US$500,000 from the account of the RIA at the LBDI are intended to extradite her from the United States of America where she currently resides, and denied claims that she received an indictment from the Liberian government. Madam Corkrum asserted that she has not been served any indictment papers by anyone, saying "I only had access to the indictment online." According to her, she has already presented her case to the US State Department and the Department of Justice, providing a meticulous account of activities at the RIA, claiming that she executed her assigned task in keeping with authorization per Executive Order from the President of Liberia. In Count One of the indictment, the Co-defendants Corkrum and Bility as signatories to the LAA [entered] Private Prosecutrix's account # 005 USD 21235003306 maintained with the Liberian Bank for Development & Investment (LBDI), did "criminally conspire" with Co-defendants Diaspora Consulting LCC represented by Momar Dieng, and the LBDI and defrauded the said Private Prosecutrix by making unauthorized transfer of funds aggregating USD 269,000.00(United States Dollars Two Hundred Sixty Nine Thousand) from the accounts of the LAA, Private Prosecutrix through the LBDI on diverse occasions to the accounts of Co-defendant Diaspora Consulting, LLC at Bank of America for services which were never rendered by the said Co-defendant Diaspora Consulting Engineering. Principally, Madam Corkrum is charged with illegally wiring US$269, 000 to Disapora, without authorization for services not rendered. Specially, it is alleged that US$125,000 was accordingly transferred on 12/10/12 [dd-mm-yy] and again on 12/13/12[dd-mm-yy], while another US$19,000 was transferred on 12/18/12[dd-mm-yy] (for total of US$269,000). But in response, she said Disapora did render the services, and US$125,000 was never transferred on the 12/10/12[dd-mm-yy] as the same was returned unsuccessful. She further said that consequently, only US$125,000 was transferred on 12/13/12 [dd-mm-yy] and US$19,000 on 12/18/12[dd-mm-yy] (for an actual total of US$144,000). In an email from Corkrum to Bility dated, Monday December 10, 2012 at 9:23 Am, the former LAA boss praised the Diaspora Consultant engineers for rendering services beyond their scope of work, contrary to the indictment. She added that these included support to both RIA technical departments, including internal coordination, reporting and management/ assessment, etc. Meanwhile, the Liberian government formally announced an indictment of Corkrum and her fiancé in August, accusing the pair with the crime of Economic Sabotage, Theft of Property, criminal conspiracy and misapplication of entrusted property. Corkrum was indicted along with LAA Board Chair, Musa Bility, Diaspora Consulting LLC thru Moamar Dieng. The indictment alleged that the accused conspired to and did do and commit the crime of economic Sabotage in flagrant violation of Chapter 15, sub-chapter "F", section 15.81(a)(b)(c),Misapplication of Entrusted Property in violation of Chapter 15, sub-chapter "D", sections 15.56; Theft of Property in violation of Chapter 15, sub-chapter "D", section 15.51 (a)(c); Criminal Conspiracy in violation of Chapter 10, sub-chapter "D" section 10.4 (1)(2)(3)(4) of the penal code of Liberia; Bill Jarkloh Contributed this story.