The Assistant Minister for Litigation of the Ministry of Justice (MoJ), petitioner, Counselor Wesseh Alphonsus Wesseh (petitioner) has asked the Chamber Justice of the Supreme Court, Associate Justice Yussif D. Kaba, to initiate an investigation of the conduct of Judge Roland Dahn (second respondent), and his Clerk of Court, Arthur Gaye (first respondent) of the 8th Judicial Circuit Court in Nimba County.
In Wesseh's petition for a "Writ of Mandamus", dated October 5, 2021, he likewise asked, Justice Kaba to command the first and second respondents, Judge Dahn and Clerk Gaye, "to transfer the file of the case to the 9th Judicial Circuit Court in Bong County, as mandated by Judge Dahn, and to command the Judge to enforce his ruling by instructing the clerk to transfer the said case to the 9th Judicial Circuit Court in Bong County as was instructed by the judge."
The writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
Judge Dahn had on September 22, 2021, declined to handle any part of the theft of property and forgery case that involved the Senate Secretary Nanborlor Singbeh and British national Hans Armstrong, and subsequently ordered the first respondent, Gaye, to transfer all documents of the case to the 9th Judicial Circuit Court in Bong County.
Besides, according to Judge Dahn's ruling, Armstrong had initially accused him of communicating with Singbeh, while the case is pending undecided before the court.
Armstrong had earlier complained the judge to Judiciary Inquiry Commission (JIC), and the Investigation is still pending; as such, Judge Dahn said he cannot proceed with the case, but to transfer the matter to the Bong County Court.
Before the case, the Criminal Court 'C' in Monrovia, had earlier dismissed the US$5 million case involving two Czech Republic investors Martin and Pavel Miloschewsky, through their Attorney-In-Fact, Hans Armstrong, since the case in Nimba County involving the same Singbeh and Armstrong remain undecided.
But, Cllr Wesseh's in his petition argued that his ministry had sought to enter a Nolle prosequoi against Armstrong in the Nimba County Court, and that request was never heard by Judge Dahn. Instead, the judge ruled that the case be transferred to Bong County Court, for litigation.
Judge Dahn's ruling supported the earlier argument of Singbeh's legal team, who had sought the request for the case not to be heard and decided base on Armstrong's complaint to the JIC.
Cllr Wesseh, among other things, alleged that Judge Dahn, on September 22, 2021, had ruled and ordered his Clerk, Gaye, to transfer the case to the 9th Judicial Circuit Court in Bong County. Wesseh said although he was dissatisfied with Judge Dahn's ruling transferring the case to the 9th Judicial Circuit Court in Bong County, up to date, the file is still in Nimba County.
"I and the Nimba County Attorney John D. Miah had prevailed on Judge Dahn and Clerk Gaye to transcribe and send the case to the Bong County Court, as per the mandate of Dahn, but absolutely nothing is happening," Wesseh claimed.
According to Wesseh, Clerk Gaye has received the amount of US$80 to superintend (transportation facilitation) to transfer the case to Bong County, which Gaye had refused to do.
" Clerk Gaye desires to hold on to the file and neglect to perform the mandate of Judge Dahn. Even I called the judge to lodge the clerk's complaint, but to no avail, thereby causing the ministry emotional distress and unwarranted delay to have the case dismissed," Wesseh petition added.
When contacted, Clerk Gaye admitted to receiving only US$75 to facilitate his movement from Nimba County to Boaboutelation to the case, "I received US$75 to transcribe the file and the case to the 9th Judicial Circuit Court in Bong County, but I am still working on the documents since the judge mandated me to do."
"But, I am going to send the case to Bong County soon," Gaye added without saying how soon he would send the file. When Judge Dahn was also contacted on Thursday, September 30, he claimed that Gaye is an alcoholic and, because of that, he does not perform his responsibility as expected of a court clerk. "He always behaves like that. I have called him to send the case file to Bong County, but he seems to be drunk every time," Judge Dahn said of his court clerk.
Also, the Nimba County Attorney John D. Miah, in a telephone conversation on Wednesday, October 6, said he had been descending on Clerk Gaye to transcribe the file and send the case to Bong County.
"I don't know why he has been refusing to send the case to Bong County. On numerous occasions, I have engaged him to send the case but it seems that he is being controlled by someone not to transfer the file to Bong County," Atty. Miah claimed. "His behavior is very strange in this case."