The “Old Thieves” and The “New Thieves”:

Legally, the old thieves can be bindingly convicted and prosecuted for alleged corruption; because, the appropriate court which has the proscribed jurisdictional powers over them does exist in our justice system; but legally, the new thieves cannot bindingly be convicted and prosecuted for alleged corruption; because, the appropriate court which has the proscribed jurisdictional powers over them doesn’t exist in our justice system!

Because justice must be done to all, both the old and new “public thieves” should be given due process of law in the required court of competent jurisdiction over each of them.

According to the Supreme and Fundamental law of Liberia, the 1986 Constitution, in Article 34:e, the National Legislature is required to constitute two specific inferior courts to the Supreme Court including Circuit Courts and Claims Courts (with other courts of necessity of cause).

As it stands at present, the National Legislature has fully constituted “Circuit Courts” which have the proscribed jurisdictional powers to convict and prosecute the old thieves; but up to present, because the National Legislature has not fully constituted “Claims Courts” in our justice system, the new thieves must become old thieves before our justice system can have the proscribed jurisdictional powers to convict and prosecute them. This is not justice.

Those who steal public moneys and are no longer acting under the authority of Government are the old thieves; whereas, those who steal public moneys and are acting under the authority of Government are the new thieves.

Justice requires due process of law in a court of competent jurisdiction over the person who is alleged to be corrupt.

According to Article 26, “Suits brought against Government” or persons acting under the authority of Government “shall originate in a Claims Court…”

The absence of Claims Courts in our justice system means, those who act under the authority of Government (the new thieves) cannot bindingly be subjected to conviction and prosecution in a Circuit Court; because, a “Circuit Court” does not legally have the proscribed jurisdictional powers over Government or persons acting under its authority.

Until both the old and new thieves can be equally subjected to conviction and prosecution in our justice system, corruption remains a culture and difficult to prevent, simply due to the absence of Claims Courts in our justice system.

To fight and win against corruption in our governance system, the Senate has to concur with the House of Representatives (IN SESSION) to fully pass Claims Courts into the full force of the law in our justice system.