By R Joyclyn Wea
Criminal Court ‘’C’’ at the Temple of Justice in Monrovia has dispensed ruling in a case involving the former Director General of the National Public Health Institute of Liberia (NPHIL), Mr. Tolbert Nyenswah and the Government of Liberia pending regular notice of assignment.
Judge Yamie Gbeisay action comes as a result of Government lawyer’s resistance to a motion captioned ‘Motion to Quash’ filed by Mr. Nyenswah due to failure on the part of Government Lawyers to prosecute him (Nyenswah) for over two succeeding Court Terms as required by law.
It can be recalled, on October 18, 2019, a writ of NE EXEACT REPUBLICA was issued out of Criminal Court ‘’C’’ against Tolbert Nyenswah in favor of Government through the Assets Recovery, and Restitution Team over allegation of alleged embezzled of Ebola fund.
In a motion dated May 12, 2020 which is intended to quash the indictment drawn against him, Cllr. Nyenswah informed the court that he was unaware of any criminal investigation being conducted by the state, neither was he given the opportunity to be heard in keeping with due process of law or brought under the jurisdiction of any court prior to the issuance of the indictment against him.
The former NPHIL boss who was out of Liberia prior to the issuance of said writ, contested that at no time did he escape the bailiwick of the Republic because of fear of being arrested nor was he any flight risk as claimed by the state, therefore he wants the Court to nullify the lawsuit which has caused serious reputational damage to his character, and professional standing.
Mr. Tolbert Nyenswah was named Grand Commander, Order of the Star of Africa Redemption by former President Ellen Johnson-Sirleaf, for his services as Head of the Incident Management System (IMS) that brought the Ebola crisis under control and saved millions of Liberian lives, but he was indicted by the George Weah led Government a month after his resignation in 2019.
He resigned his post as director general of NPHIL and legally departed the Country for the United States due to Extenuating circumstances to include: family reason and to pursue his doctorate in Global Health and Infectious Disease at the Johns Hopkin University School Of Public Health.
Resisting Nyensuah’s motion on June 1, 2020, prosecution noted that the premise laid down in the defendant motion is not proper as require under Chapter 16, Section 16.1 for dismissing an indictment as it is often used in both civil and criminal proceedings.
Prosecution further contested that when a Ne Exeat Republica is prayed for same being an Expert Writ, the respondent upon service, proceed to Court by law to challenged the petitioner in the very Court that issue the writ, but unfortunately, there is no records before that Court indicating that defendant Nyensuah was ever served or appear before the court to challenged said indictment.
In resisting counts five and six of the defendant motion, the states asserted that the issue of Grant Commander and Order of the Staff of African Redemption, credibility as mentioned by Dr Nyensuah is not subject to investigation as such the Court must deny and throughout the said motion.
Prosecution also holds that the motion is not a subject for dismissal as the defendant himself has failed to show proof of service and that Nyensuah has suffered no injury for which he should come to that honorable court to seek remedy on grounds that the intend and purpose of the NE Exeat Republic was never served.
The accretion made by Movant that there is no criminal investigation and said wart was issued against the right of the Movant, same is not the case and count one and two should be denied and dismiss as in keeping with the matter at bar.
Government lawyers bewailed ‘’Counsel denies all allegations, fact and laws and prays your Honor to dismiss said motion and deny and have it thrown out of this court and grant unto the state any and all relief that your Honor may deem just and legal and submits.’’ TNR