By Garmah Lomoh|garmahlomo@gmail.com
Temple of Justice, Monrovia-Barely days after lawyer representing former National public Health Institution (NPHIL) Norris Tweah filed a six count motions for Criminal Court C to quash a writ of NE EXEAT Republica, the court has finally dismissed the traveling restriction Ban against the former National public Health Institution of Liberia boss.
Criminal Court C Judge Yamie Quiqui Gbeisay ruling into the motion said on the 18th of October, 2019, the County Attorney of Montserrado County Edwin Kla Martin prayed this court a writ of NE EXEAT Republica to be issued against Mr. Tolbert Nyenswah, former Director General of the National Public Health Institution of Liberia without saying what the basis of the request was.
The Court revealed that said writ was issued and apparently served on the Bureau of Immigration to be circulated at various borders.
Further on the 21th of October 2019, the Liberia immigration service communicated to the clerk of this court, in which it informed the court that prior to receiving the writ of NE EXEAT Republica, it realized that Mr. Tolbert Nyenswah had departed the country on the 18th of October 2019 around 1500hrs GMT and since then, nothing had been about the State’s application.
On May 7th A.D. 2020, Counsel for Mr. Nyenswah obtained a clerk’s certificate to the effect that the immigration service had written this court that before receiving said instrument, the former NPHIL Boss had already Departed the country.
At the call of the motion June 1,2020, the state prayed court to spread it’s resistance to the motion filed by counsel for movant and said request was granted and the motion was resisted by the state in a four count motions.
In resisting, the state contended that the issue rose by the movants as to the decency and reputation of Mr. Nyenswah is not before the court.
The court says whether or not Mr. Tolbert Nyenswah character is impeachable or not, is not the office of the writ of NE EXEAT Republica and there was no need to be mentioned by the movant or respondent thereto.
Office of the common law defined NE EXEAT Republica is simply to prevent a person from leaving the republic at a particular point in time.
However, the fact is that at the time of the service of the writ of NE EXEAT Republica, the respondent, Mr. Tolbert Nyenswah had Departed the bailiwick of this country, in the mind of the court, the said writ become moot or void without any legal effect.
The said writ is therefore hereby ordered set aside and dismissed and that since the perimeter of the writ not being to prevent Mr. Tolbert Nyenswah from returning to Liberia, Mr. Nyenswah is hereby declared free and he is at liberty to return to Liberia at any time.
Judge Gbeisay added that under our constitution, a citizen of this country has the right to return to his motherland when he or she desires to do so.
Meanwhile, the writ of NE EXEAT Republica issued by this court is hereby declared Null and Void without any legal effect as of today’s date June 3,2020.
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