‘Declare Lofa Senatorial Seat Vacant’

Minutes after Judge Ousmane Feika of Criminal Court 'C’ declined from proceeding with the enforcement of the Supreme Court’s mandate to send Lofa County Senator-elect, Brownie Samukai to jail for defaulting on the restitution of fifty percent of the judgment of the amount of US$1,147,665.35, former Justice Minister, Counselor Lavela Koboi Johnson, has recommended to the Legislature to declare the seat vacant.

Addressing a press conference on Thursday, August 26 at his Ashmun Street office, Counselor Johnson said if the lawmakers fail to declare the seat vacant, it means they would be 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, “as we approach a critical period in 2023 for the holding of presidential and legislative elections; a situation that is in violation of the equal protection of the Law.”

Before the December 8 Special Senatorial Election in the country, Criminal Court 'C’ issued a guilty verdict on former Defense Minister Brownie J. Samukai, former Deputy Minister for Administration Joseph F. Johnson and former Comptroller J. Nyumah Dorkor, for having withdrawn, without any authorization, the amount US$1,147,665.35 from the pension fund for soldiers of the Armed Forces of Liberia, (AFL).

Recently, the Supreme Court mandated that in the face of the disability imposed on Samukai by his conviction for felony and because said disability has not been removed, the National Elections Commission (NEC) would be proceeding by the wrong rule if it were to certify Samukai. Samukai's disability was for him and his fellow convicts to pay fifty percent of the amount of US$1,147,665.35 that is $573,832.68 within a six-month period, which expired on August 26. Samukai had made a payment of US$191,276.05 out of the US$1,147,665.35 as the fifty percent.

But Cllr Johnson argued that, as of the time of the occurrence of the disability for Samukai, he is not eligible to be certificated by the NEC and to occupy the senatorial seat for Lofa County, meaning that said vacancy does exist by the dictate of Article 37 of the 1986 Constitution of Liberia.

The article states, “In the event of a vacancy in the Legislature caused by death, resignation, and expulsion or otherwise, the presiding officer shall within 30 days notify the National Elections Commission thereof. The commission shall not later than 90 days thereafter cause a by-election to be held; provided that where such vacancy occurs within 90 days prior to the holding of general elections, the filing of the vacancy shall await the holding of such general elections.”

The Supreme Court’s decision was based on a request from the Ministry of Justice (MoJ) challenging the certification of Samukai on ground that he has not served his sentence and has not paid the fifty percent as mandated by the high court, which argument was accepted by the court.

“How long will we the people of Lofa County wait until Samukai's disability is resolved?” Cllr Johnson also wondered. “And since the Supreme Court has mandated Samukai to pay the fifty percent, it means that there is a vacancy in Lofa County and this vacancy must be filled.”  He continued: “Speaking as one of the enlightened sons of Lofa County and taking full responsibility thereof, I hereby respectfully call on the National Legislature to perform its constitutional duty imposed upon it not by choice, but by the mandatory provision of the Constitution. 

“We want all Lofa citizens to understand that obedience to the Constitution is the safest way to engender peace and stability in our country and should not be construed as personal or anyone attempting to seek personal glory. But as a practicing Attorney, I am under obligation, ready, prepared and able to protect and defend the laws of this country to the best of my ability and this I promise to do in the instant case without any fear whatsoever.”

Meanwhile, Judge Feika’s decision not to send Samukai to prison on Thursday was due to two separate motions; one for enlargement (extension) of time filed by Samukai's legal team and the other, a Bill of information filed by the Ministry of Justice (MoJ), all before the Supreme Court.