Wednesday, March 26, 2014

No Handshaking in Ganta

<b>…As Ebola Patients Transferred to JFK Hospital

The outbreak of Ebola hemorrhagic disease in neighboring Guinea has not only characterized health scare in Liberia, it has also become a tool beginning to restrict a norm of Liberia, the gesture of handshaking. Since Sunday when news started filtering from Zorzor and Foyah in Lofa reporting the crossing of Ebola patients into Liberia, the first advice from health authorities and medical practitioners is warning against handshaking amongst other preventive measures. Now that the Ebola scare has transcended Lofa, moved to Nimba and now Monrovia, handshake has become a menace. With the latest report of Ebola discovery at the Ganta Methodist Hospital, the restriction of handshake has become prevalent in Ganta and other parts of Nimba; Journalist Bill K. Jarkloh reports from Monrovia. Already fear is imminent in the country since the country, Monrovia may follow Nimba restricting handshake in public places as two patients infected with the Ebola Hemorrhagic disease have been transferred to Monrovia from Ganta Methodist Hospital. Our Ganta Correspondent who was contacted confirmed that Ganta Health authorities have admitted to transferring two Ebola patients to the John F. Kennedy Hospital in Monrovia, saying that the fear of Ebola contraction has produced a social effect in Ganta, restricting handshakes amongst the population in that city. “My girl, don’t shake hand with me; you can just wave to speak,” is the reaction of most people in Ganta to handshake in that border city with Guinea since Monday, when the news of Ebola discovery in the Ganta Hospital started spreading like wildfire. Handshake is a social phenomenon in Liberia. In Liberian sociology, handshake is an expression of greetings, gesture, approval or solidarity amongst the people.
“This Ebola thing will affect our finger-snapping that is uniquely identified with the Liberian culture, Matthew Y. Gonyon,
a resident of Ganta told this reporter from that bordering city of Liberia. Ganta is socially an interactive city along the Liberian-Guinean border in northeastern Liberia; usually people from inside Guinea visit Nimba for leisure and vise, visa. But in the wake of the Ebola scare, the residents in Ganta have begun to restrict their social activities, our Ganta Correspondent Emmanuel Williams have hinted. The journalist quoted a Congolese national who is the Medical Director of the United Methodist Hospital in Ganta , Dr. Claude Monga, as saying that two suspected Ebola patients were over the weekend brought from a region bordering Guinea to Liberia, Jaykay (spelling may be faulty) from inside Guinea. But Dr. Monga, who said he has seen the symptoms of the patients familiar with those of Ebola infected persons he experience in his home Congo, noted how the patients were bleeding from their spores. He said because the Hospital did not have room for them, they were transferred to the John F. Kennedy Hospital Sunday for further medical attention. He added that additional patients that suffered gunshot wound from industrial action taken across the border came along with the two suspected Ebola patients. Before the press conference by Dr. Monga, the Medical Director of the G. W. Harley Hospital in Sanniquellie, Dr. Laurie Cooper, called for a quick impact project that will create space to secure Ebola patients coming from Guinea and discoveries that could be made in Nimba. Dr. Cooper was addressing a forum for the induction of Nimba County superintendent in Sanniquellie. She informed the Nimba Legislative Caucus to take her call seriously is at Liberia’s border with Guinea and has already started to receive Ebola patients from that neighboring country where an outbreak of the deadly hemorrhagic disease is reported. The female medical doctor indicated the rest of Nimba County could be at risk with the Ebola disease spreading like wildfire. Already, the government of Liberia through the Ministry of Health & Social Welfare has announce the outbreak of the deadly hemorrhagic disease in neighboring Guinea, calling on Liberians to adhere to preventive health tips that the ministry was availing to the public.

Tuesday, January 21, 2014


Bad Labor Practices In Maryland …Senator Ballout Foresees Trouble Maryland County Sen. John Ballout has disclosed that tension was developing in the county between citizens and managements of companies operating in the area. The Maryland County senator also told his colleagues that there is also tension developing between citizens of the county, particularly in Pleebo –Soloken District and Management of the companies, SIFISCA, Cavalla Rubber Corporation and the Maryland Oil Palm Plantation due to problems arising from the companies bad labor practices that remains unresolved by the government. Sen. Ballout explained Tuesday in the Senate Session that residents of the county especially those residing in Pleebo – Soloken District were not happy over bad labor practices by the companies in the area, which the Senator, noted could degenerate into full bloom conflict if the Senate fails to intervene. Over the years, Sen. Ballout said citizens of Maryland County have expressed their discontentment over what has been happening in the labor sector of the county, saying that the government and the Liberian senate continue to pay no attention by taking concrete actions needed to avert the looming conflict in the county. Marylanders, according to him, are peaceful citizens who may not want see things going off hands. But he said the failure of the government to intervene could serve as a key factor that could heighten the tension between the people and concessions in county to an uncontrollable state could affect the entire nation. Sen. Ballout used the opportunity to call on the Liberian Senate and entire government to began taking those steps that would prevent conflict in that county. But Martin Nyeka, the Director of Public Relations and Outreach who was contacted via mobile phone denied knowledge of any bad labor practices; he also denied having any information regarding any looming trouble between the People of Pleebo-Soloken District and the companies mentioned. Saying that that he is organizing a trip of journalists from Monrovia for an assessment visit, Nyeka told this paper that the people of the District and Marylanders in general are on good footing as far as labor practices and cooperation is concern. According to him, Senator Ballout is in a political gimmick for reasons known to him, adding that if there were any labor concerns, the Ministry of Labor would have been involved and its intervention would have calm the situation. These Companies you referred to are not above the law, the law would act against them, Nyeka added.

Don’t Undermine The Constitution, Madam President!

...There Is No Better Option Than to Comply President Ellen Johnson Sirleaf needs to be obedient to the ruling of the Supreme Court suspending the Attorney General of the Country, Justice Minister Christiana Tah from practicing law for six months no matter how faulty one may consider it. This is because it carries with it the authority of the Constitution of Liberia. Obedience to the Supreme Court’s ruling would indeed demonstrate respect for the tenets of democracy in the context of the rule of law as professed by Madam Sirleaf and her administration. Since the inception of the Sirleaf regime, the President has always professed respect for the rule of law, and if she should be taken seriously in this respect, Madam Sirleaf’s option in dealing with the Tah suspension issue should not undermine the Constitution; it should rather be a decisive action that would portray her and the government good in respect of protecting and defending the constitution, which of course is imbedded in her oath of office. Such action expected of the Madam is clearly to either remove her Justice Minister from office by appointment of acting or proper Minister of Justice pending the service of the contempt punishment meted out to Madam Tah by the high court. As the matter of fact, Minister Tah should not be made indispensable as attorney general, the forerunner of justice in the country, at the expense of the Constitution. The Issue It is recalled that sometime last year, former Agriculture Minister Chris Toe proceeded to the Civil Law Court and Complained the Front PageAfrica Newspaper through its Publisher Rodney Sieh for running what in essence of the complaint was an irking story the paper. The story was said to be culled from official audit report by the General Audit Commission (GAC). The report alleged to some extent in part or in whole that the Agriculture Ministry did not account for some money spent from public coffers to fight army worms that were destroying crops in Bong County. Toe contended that the FrontpageAfrica story was libelous and had caused him damage in the tone of US$1.5 which he went to claim; and upon hearing, the Court awarded Mr. Toe the case. Report said Rodney’s lawyers appealed to the Supreme Court but did not end the appeal process. What might have happened to derive a reprimand by the Supreme Court is still seem to be a myth, but Sieh was said to have been remanded to prison in the wake of the claimed by former Agriculture Minister Toe. When public sentiments was built as the Sieh issue became a media agenda, the FrontPageAfrica’s managing editor of illness; he was taken to the JFK Medical Center where he was taking treatment when Justice Minister Tah granted him a “Compassionate Release” based on request of Sieh’s lawyers, claiming that it was part of her constitutional duties under section 34.20 of the Criminal Procedure Law. The Attorney General did not mention whether or not the power of her office to grant “Compassionate Leave” applies in a situation where the Supreme Court has jailed someone for contempt, which was apparently in the case of Rodney Sieh. As I followed the issue, I read views of some legal minds saying Sieh's release did not accord with Liberian law, although the Minister of Justice said she had invoked the criminal procedure law to temporally release Mr. Sieh from the Monrovia Central Prison on Compassionate ground. The issue now becomes whether or not the Justice Minister has the right to grant the compassionate leave in the circumstances that had prevailed in the Rodney Sieh Case; whether or not Sieh was jailed for contempt or for Toe’s damage claim and whether or not the Supreme Court was in error in its ruling against Minister Tah. The Supreme Court Ruling So Mr. Sieh was released from the Monrovia Central Prison under a clause of the Criminal Procedural Law Section 34.20 in the Liberia Code of Law Revise (LCLR) Volume I. This law states inter alia that “…the Attorney General shall formulate rules or regulations governing compassionate leave from institutions and in accordance with such rules and regulations, may grant any prisoner to leave his institution for short periods of time, either by himself or in the custody of an officer, to visit a close relative who is seriously ill, to attend the funeral of a close relative, to return to his home during what appears to be his own illness or to return home for compelling reasons which strongly appeal to compassion.” But the Supreme Court claimed that this clause does not apply in the Sieh situation. No! The court says it cannot be reason why Mr. Sieh was release since the FrontPage Africa boss was jailed on the orders of the Supreme Court for his failure to exhaust an appeal process started by his legal counsels in his behalf. Notwithstanding, Sieh, represented by his legal counsels Beyan D. Howard and Fonati Koffa, was released by the Minister of Justice Christiana Tah through application of the “Compassionate Leave” law. Please I should not be misunderstood in the presentation of this public opinion of mine, for my argument is not to say it was wrong to release sieh; I am saying this right to freedom should have been rightly channeled to avoid the present hullabaloo, and since the high court has problem and meted out punishment to a high profile official, the President should now act decisively not to undermine the constitution of Liberia. In a communication from the Supreme Court quoted in the media, the high court sitting in its October Term commanded its marshal to invite Justice Minister Tah (on Wednesday, October 16 at 9: 00 a.m.) to show reason why she should not be held in contempt. The Court, the final arbiter for justice in the land, described as unlawful the release of Mr. Sieh having served imprisonment for over one month and two weeks with his rights to seek medical treatment respected from time to time while in prison, according to reports. The Constitution and Executive Reluctance Sieh was let out by the Justice Minister reason that led to her suspension by the Supreme Court while the court’s action carried with it the authority of the Constitution. This makes the reluctance by the Office of the President to suspend the Justice Minister or remove her from office in compliant with the high court’s ruling worrisome. Recently, the President was quoted in press release that she has taken note of Justice Minister Tah’s suspension by the high court stopping the Attorney General from practicing law, and has commenced consultations for optional action. Consultation for optional action? I must restate that this is just meant to undermine the Constitution, for any such consultation that precludes concrete action replacing the suspended official contravenes the Constitution which provides for coordination in the exercise of their separation of powers. Coordination in this context should not be seen as reason for the Supreme Court to ask for the President’s permission before ruling on judicial or constitutional matters since that would warrant interference with the dispensation of justice. In Article III of the 1986 Constitution on which Liberia presently exercises her sovereignty, it is provided that “…. Consistent with the principles of separation of powers and checks and balances, no person holding office in one of the branches shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this Constitution; and no person holding office in one of the said branches shall serve on any autonomous public agency.” In this case, the objective of the President’s consultation is incomprehensible, since the court’s judgment was clear and comprehensible in the absence of theoretical legal knowledge of its implications. For me, I don’t understand what the President meant by wanting implication of the ruling against the Justice Minister for which she said she was consulting before action. This executive position of course contravenes Article 65 of the Constitution which says, “Judgments of the Supreme Court shall be final and binding and shall not be subject to appeal or review by any other branch of Government. Nothing in this Article shall prohibit administrative consideration of the Justifiable matter prior to review by a court of competent jurisdiction….” Besides Article 65, Article 66 of the same Constitution states that “The Supreme Court shall be final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact except cases involving ambassadors, ministers, or cases in which a country is a party. In all such cases, the Supreme Court shall exercise original jurisdiction. The Legislature shall make no law nor create any exceptions as would deprive the Supreme Court of any of the powers granted herein.” So and in view of these citations, who is the lawyer that will advise that the President should act unconstitutionally? Certainly, the reluctance by the President to remove Minister Tah from office in support of the Supreme Court judgment leaves much to ponder. Maybe the President is saying that the Supreme Court ruling should be given another interpretation by her lawyers, and that her action would be on the basis of the outcome of her consultation, or perhaps she insinuating that the Supreme Court was wrong to have suspended Attorney General and Justice Minister Tah? Does the office of Attorney General and Justice Minister feel adequate to operate without performing its cardinal function as Dean of the Supreme Court Bar? These and many others continue to filter down rational minds in the wake of the reluctance by the President to suspend or remove from office the Attorney General and Justice Minister in adherence to the Supreme Court ruling. Since the President is concerned with implication of the ruling, the meaning of practice of law comes to the fore, in the face of the Supreme Court’s contention that the Attorney General is suspended from the practice of law for six months. In its most general sense, definition of the clause “practice of law” involves giving legal advice to clients, drafting legal documents (including legislations) for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. This infact includes a growing number of legal document assistant services which have traditionally been offered only by lawyers and their employee paralegals. So in the case of the Attorney General who is basically the prime person to play these roles including the drafting of laws amongst others for the state, the suspension means she is stopped for the period of the suspension from doing these legal businesses for the state, especially as Dean for the Supreme Court Bar. In its opinion and judgment, the Francis Korkpor Bench adjudged: “That the respondents, Counselor Christiana P. Tah, Minister of Justice/Attorney General and Counselor Beyan D. Howard committed contempt against the judiciary. Their actions [to grant "compassionate release" to the FrontPageAfrica’s Rodney Sieh jailed last year in connection with a libel case instituted against him by former Agriculture Minister Chris Toe] were not in consonance with Section 34.20(1) of the Criminal Procedure Law of Liberia.” The Supreme Court further ruled that, “The actions of the respondents were instead deliberately intended to proceed through the Executive Branch of Government and release a prisoner who had been imprisoned for contempt of court without any reference to the Judiciary, in utter violation of the doctrine of separation of powers as enshrined in our constitution. Their actions are therefore punishable as such.” The Court further ruled that “For her role in releasing Rodney D. Sieh from prison as well as her persistent affront to this court demonstrated in her refusal to reverse the action which formed the basis for the contempt proceedings, notwithstanding her Counsel’s promise to return Rodney D. Sieh to prison, co-respondent Christiana P. Tah, Minister of Justice/Attorney General, is hereby suspended from the practice of law in the Republic of Liberia directly or indirectly for the period of six(6) months; while, for his role played in the release of Rodney D. Sieh from prison ….” Why Consultation? So what is incomprehensible that the President is holding consultation about? Who are the eminent lawyers and legal professionals [former Chief Justices and former Associate Justices of the Supreme Court] that will make President Sirleaf to fully comprehend the implications of the Court’s decision other than what is laid down in its findings? Certainly, it is quite interesting that the President who respects the rule of law will want to comprehend implications of a Supreme Court ruling before acting on it. I wonder how the President thinks the ruling has abrogated the powers of her office as President of Liberia for which her action should be undermining the organic law of the State. What the President’s office is expected to do, if she wants to retain the services of Cllr. Christiana Tah in her government as justice minister, is to temporarily appoint an acting Minister of Justice pending expiration of the six months timeline of the Supreme Court ruling, since this judgment cannot be reversed in a manner reminiscent of extending executive clemency. It also means after six month, she may reinstate her. But as it is, it would appear that the President is being carried away by sentiments of friendship, which is not a good thing for this fledgling democracy. If Ellen or her legal team knows that the Supreme Court has no business for suspending the Attorney General, it should be made clear at once, although that will change nothing to rescue Minister Tah since the Supreme Court is the final arbiter of justice, and it has said that the channel used by Minister Tah in granting the Compassionate Leave is not in line 34.20 of 1LCLR. Conclusion In conclusion, the Supreme Court would not certainly hear a case to derive the punitive measure if it has no real issue within the Justice Minister. I certainly think all of the justices wouldn’t find reason of suspending the Attorney General without any misconduct. Do they have malice against her? If the answer is a yes, then why? Whether or not there is malice, the Supreme Court is the Supreme Court given the constitutional authority to give final definition to constitutional and law issues. Therefore, the failure by the President to comply with the high court’s decision does nothing less than openly defying the authority of the Constitution of the land as inherent in the Supreme Court’s establishment. In my opinion, two wrongs cannot amount to a right. If in fact the Supreme Court was in error by the decision, the prudent thing to do is to either remove Madam Tah from office to avoid the looming constitutional crisis in sight or dialogue with the Supreme Court in the spirit of the coordination attending doctrine of separation of powers and functions, so that the high court may see reason of purging Cllr. Tah the suspension which is a punitive measure for contempt of the Supreme Court.

Wednesday, December 4, 2013

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.