By: R. Joyclyn Wea
MONROVIA-Criminal Court “C” has issued a writ of arrest against two top officials of the Liberia national police (LNP) of the Zone-five Depot in Red-Light for keeping a prisoner in its custody above the 48 hours’ timetable required by law..
Judge Ousman Feika, a writ of arrest against Commander Dauda M. Sesay – Zone 5 Depot in Redlight and Elton Koffa – Marshall City Police Depot is predicated upon their refusal to honor a writ of Habeas Corpus served on them to produce the living body of suspect Mark Barbour, a prisoner in their custody.
Judge Feika writ of arrest furthered that the two officials of the LNP also refused to honor its instruction to transferre the suspect to court for onwards prosecution beyond the 48 hours period, while Commander Koffa continue to hold the Prisoners in the police cell thereby abusing, disrespecting and vilifying the court order bring it to public ridicule.
The writ of arrest is to give reason for the refusal to honor the court’s mandate and show tangible cause why they should not be held for criminal contempt of court.
Similarly, judge Feika had communicated with Police Inspector General of Police Col. Patrick Sudue requesting him to disrobe the two commanders and have them turned over to Criminal Court “C” to undergo prosecution as required by law.
The court’s action also is in line with a bill of information filed against the two officials by suspect Mark Barbour legal counsel.
Petitioner contended that his client were wrongly held in detention by the two LNP executive beyond the statutory period of 48 hours, even after the writ of Habeas Corpus were served on them.
Suspect counsel holds the view that the action carried out by the two commanders is a slap in the face of the rule of law and highly contemptuous.
He quoted Criminal Contempt of Court in keeping with section 12.2 and 12.5 of Title, Judiciary Law, Liberia Code of Law Revised.
The law states that ” Section 12. 2 states that all subordinate courts of record concurrently shall have exclusive original jurisdiction power to issue Writ of Habeas Corpus. Section 12.5 states that acts constituting criminal contempt – Every court has power to punish for a criminal contempt, a person guilty of any of the following acts and no others(a) Disorderly contemptuous or insolent behavior directly tending to interrupt its proceedings or to impairs the respect due to its authority.”
Alphonso Toweh
Has been in the profession for over twenty years. He has worked for many international media outlets including: West Africa Magazine, Africa Week Magazine, African Observer and did occasional reporting for CNN, BBC World Service, Sunday Times, NPR, Radio Deutchewells, Radio Netherlands. He is the current correspondent for Reuters
He holds first MA with honors in International Relations and a candidate for second master in International Peace studies and Conflict Resolution from the University of Liberia.