Lofa County District #5 Representative. Beyan Howard has described recent call by former Justice Minister Cllr. Lavela Korboi Johnson for Liberian Senate to declare Lofa county senatorial seat vacant as an assault on democracy and misinterpretation of the constitution.
According to Representative Howard, the reliance of Cllr. Korboi Johnson to declare Lofa county current unoccupied position at the Liberian senate vacant is not applicable to Senator elect Brownie Samukai based on prevailing reality that Samukai has not officially taken his seat as senator.
Addressing a press conference on Thursday, August 26, 2021 at his Ashmun Street office, Former Justice Minister Cllr. Koboi Johnson called on the Liberian Senate to declare seat vacant or continue depriving the people of Lofa County their constitutional right to representation at the Senate.
Cllr. Johnson further argued that the people of Lofa County are indeed not fully represented in the House of Senate, a situation that is in violation of the equal protection of the Law.
Cllr Johnson noted that, as of the time of the occurrence of the disability of Samukai, he is not eligible to be certificated by the National Elections Commission and to occupy the senatorial seat for Lofa County, meaning that said vacancy does exist as indicated in Article 37 of the 1986 Constitution of Liberia.
But Representative Howard contended that such request to the Liberian senate is only applicable to people who are presently members of the Legislature who might encounter situation of death, expulsion, resignation or other issues that would warrant disability to serve.
He considered Cllr. Johnson claim as unfortunate and an assault on the will of Lofans who voted Samukai at the December 8 poll.
The opposition lawmaker responding to the many questions raised about Samukai’s disability described the present legal battles against the Ex-defense minister Brownie Samukai as political and unprecedented in the history of the Supreme Court of Liberia.
Representative Howard reaffirmed his faith of Mr. Samukai taking his seat to serve the people of Lofa County no matter the legal hitches.
Former Defense Minister Brownie Samukai was on December 8, 2020 overwhelmingly elected senator of Lofa, but he is yet to be certificated by the National Elections Commission due to legal issues hanging over him.
History of the legal battle
On Tuesday March 24, 2020 Criminal Court ‘C’ at the Temple of Justice found former Liberian Defense Minister, Brownie J. Samukai and his deputies guilty for misapplying US$ 1.1 million AFL pension fund, But Defense Lawyers took exception to the ruling and announced appeal to the Supreme Court of Liberia. The Court give two years suspended jail sentence to former Minister Samukai and 6 months suspended jail sentence to his two deputies.
In February this year, The Supreme Court of Liberia affirmed the lower court ruling with modifications, finding former Defense Minister Brownie Samukai and two others guilty equally liable for the crimes of theft of property, and criminal conspiracy and should restitute.
The high court handed them two years suspended jail and ask them to restitute 50% US$1.147, 656.35 AFL pension they misapplied within the period of six months and thereafter enter an appropriate arrangements to pay the remaining portion in one calendar year or go to common prison.
In April this year, Justice in Chambers Joseph Nagbe granted government petition to halt the certification of Mr. Samukai on grounds that he is yet to satisfy the punishment imposed on him.
Samukai team took appeal before the full bench of the Supreme Court.
But the Supreme Court on Friday August 20, 2021 upheld the Justice in Chambers ruling ordered the National Elections Commission (NEC) not to certificate the former Defense Minister and Lofa County – Senator-elect Brownie Samukai until the disability imposed on him based on his conviction for a felony is removed according to law.
The court’s decision came just a day after Mr. Samukai, through his lawyers presented a cheque of US$176,276.05 USD, completing the full payment of the fifty percent of his share of Armed Forces of Liberia (AFL) soldiers’ personal pension saving funds that he and two other convicts were ordered to restitute or face jail terms each.
Associate Justice Jamesetta Howard – Wolokolie did not sign the judgment, but the rest of the four Justices did sign.
The court said it would be wrong to certificate Samukai because he and his deputy Joseph P. Johnson and Nyumah Dorkor have not served the sentence and satisfied the penalty imposed on them.
Despite all this, Mr. Samukai recently return home (Lofa) to a hero welcome with many of kinsman of heard saying upon his arrival that they still believe him his ability to serve the County
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