LACC Seeks Further Delay in Travel Ban Hearing

Efforts by lawyers representing the legal interest of two of the five public officials (movant) to have the Monrovia City Court entertained argument as to whether the travel ban placed on them were illegal, is far from being heard soon as expected, with the court suspending further hearing into the matter. 

It is not clear when the matter will resume.  This is due to a request by the Liberia Anti-corruption Commission (LACC) asking for the issuance of the writ of Ne Exeat Republica (travel ban) not to proceed with the argument until they have reviewed the motion to quash (dismiss) the ban filed by two of the five public officials, including Bishop J.Allan Klayee, which sought further delay in the alleged corruption claims.

The LACC's ban was issued on the suspended Managing Director of the Liberia Water and Sewer Corporation (LWSC), Duannah A. Kamara and his Deputy Managing Director for Finance, Sensee J. Morris, Charles McArthur Gull, Managing Director of the Port of Buchanan, his Chief Statistician Amara Kamara who was also suspended, and the Managing Director of the Liberia Airport Authority (LAA), Bishop John Allen Klayee.

Bishop Klayee was dismissed by President George Weah based on corruption allegations. The abrupt suspension stems from the LACC’s request that they needed time to study and review the petition, which decision is being seen as a test of the new Executive Chairman, Counselor Edwin Martins’ ability to hold powerful politicians to account. 

Before the LACC'S suspension request to the court, the respondent has largely boasted of having enormous evidence to defend the travel ban, but it seems that they have resolved into delaying the case. In his request to dismiss the travel ban, the Klayee legal team argued that the writ of Ne Exeat Republica may be obtained in the same way that an injunction is obtained.

Besides Klayee, the lawyer for the suspended Liberia Water and Sewer Corporation (LWSC), Duannah A. Kamara had earlier challenged the writ and filed a resistance to the court, which is also pending undecided. Counselor Johnny Momoh also argued that the LACC's bill and application to the court were based on a sworn petition or affidavit setting forth sufficient ground to justify the issuance of the writ.

Cllr Momoh explained that the usual practice is to make the application by petition or motion supported by affidavit. In the instant case, Momoh argued, "The LACC did not file a petition or a motion that is supported by an affidavit."

Further, Momoh explained that the LACC’s application for the writ of Ne Exeat Republica must show that the defendant intended to leave the state very soon, must be positive as to this point, or must show threat or declaration to that effect or facts evidencing it or circumstances amounting to it.

"The affidavit should allege that the defendant's threatening departure would enable him to avoid his obligation to the movant and render any ensuring judgment against the LACC, "The Klayee motion said.

According to Momoh, the law requires that the court gives the defendant an opportunity to present a testimony where the pleading squarely raised a question of facts as to whether the defendant against whom the writ is sought is planning to depart the jurisdiction with the intent to defraud.

 He argues, "The law also imposes the burden on the party seeking the issuance of the writ of Ne Exeat Republica to show exceptional circumstances warranting the relief sought and that the burden must certainly be at least as great as that required to obtain other types of relief, and such allegations must be proved to the satisfaction of the court."

"There is no allegation and established proof that the movant is planning to depart the jurisdiction with the intent to defraud or evade justice," Cllr Momoh further argued. Based upon the LACC's request, the Monrovia City Court issued the writ claiming that the defendants are about to leave the bailiwick of the Republic to foreign parts much to the surprise of the plaintiff, stressing, "And, that the magistrate having been duly satisfied upon an application filed by the plaintiff orders a writ of Ne of Exeat Republica.