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Margibi County Senator Nathaniel F. McGill has strongly detested the recent ruling by Criminal Court “A” in a case involving the Clar Hope Foundation, saying the ruling is deeply troubling and unconstitutional.
Senator McGill posted a statement on social hours after the ruling, arguing the court’s decision to uphold the State’s request compelling the Foundation to produce evidence against itself undermines fundamental constitutional protections.
He wrote: “Today’s ruling in the matter involving the Clar Weah Foundation, in which the State is seeking to compel the Foundation to produce evidence against itself, and the Court has upheld that request, is deeply troubling and, in my view, a travesty of justice.”
Referencing Article 21 of Liberia’s Constitution, Senator McGill emphasized how the law prohibits forcing any person or entity to produce evidence against themselves and guarantees due process rights.
“These are constitutional guarantees, not suggestions;” he stated.
The Margibi County accentuated that the burden of proof lies with the State, not the accused in keeping with the laws of the country.
He noted that when allegations of wrongdoing are made, the government must follow lawful procedures, including indictment where necessary, and prove its case beyond a reasonable doubt in a competent court. “That is the foundation of criminal justice. That is the rule of law,” he added.
The senator also issued a stern warning to members of the judiciary, asserting that courts must remain impartial and not serve political interests.
“Courts are not instruments of political convenience. Judges swear an oath to protect and defend the Constitution,” McGill said, adding that any judge who deliberately violates constitutional protections for political reasons “must be held accountable.”
He further declared that Liberia “is not a banana republic” and insisted that no judicial official is above the law. McGill revealed that the CDC Legislative Caucus intends to use its constitutional oversight powers to ensure what he described as “judicial abuses” do not go unchecked. “Judicial independence does not mean judicial immunity from accountability,” he stated.
According to McGill, the Clar Weah Foundation has maintained that it is willing to cooperate fully with any lawful investigation. However, he stressed that cooperation should not require surrendering constitutional rights. “The Constitution remains supreme, and we will defend it,” he concluded.
The court ruling and the senator’s reaction have added to growing public debate over judicial authority, due process protections, and the balance between state power and constitutional rights in Liberia’s legal system.
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