Both Judge Roland Dahn of the 8th Judicial Circuit Court in Nimba County and his Clerk Arthur Gaye are expected to appear before Associate Justice Yussif D Kaba, the current Chambers Justice of the Supreme Court on Tuesday, October 12, 2021.
Coincidentally, Justice Kaba is the current chairman of the Judiciary Inquiry Commission (JIC), the arm of the Supreme Court that is responsible for investigating unethical conduct of judges, that is investigating Dahn.
Dahn and Gaye, who are second and first respondents appearance are due to a petition for the writ of mandamus filed by the Ministry of Justice (MoJ), petitioner through the Assistant Minister for Litigation Counselor Wesseh Alphonsus Wesseh.
Wesseh had argued that since September 22, Judge Dahn had ruled and denied the ministry motion to enter a nolle prosequi (to drop the Indictment) against a British national Hans Armstrong, who the ministry had earlier indicted in Nimba County. Wesseh also argued that he 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 of the mandate of Dahn, but absolutely nothing has happened.
Judge Dahn's decision to delayed the motion is due to a complaint that Armstrong had filed before the Chief Justice Francis Korkpor, wherein Armstrong had accused Dahn of communicating with the private prosecutor, and the Senate Secretary Nanborlor Singbeh's, while the case of criminality against Armstrong is still pending before Dahn undecided.
Armstrong's complaint is being investigated by the Judiciary Inquiry Commission (JIC), based upon which Dahn had declined to make any determination into the matter, even the ministry motion. Surprisingly, Judge Dahn, though he refused to participate in the case, immediately transferred it to the 9th Judicial Circuit Court in Bong County, probably to avoid conflict of interest.
But, since then, Dahn has not been able to transfer the file to the document to the 9th Judicial Circuit Court as he had earlier ruled, which led to the Ministry’s petition to Chamber Justice Kaba.
In his September 22 ruling, Dahn said, “for Armstrong's fear of impartiality, and the complain that is before the Judiciary Inquiry Commission (JIC), while the Investigation is still pending, I can not proceed with the case, but, rather I will transfer the matter to the 9th Judicial Circuit Court in Bong County.”
Immediately afterward, Dahn instructed Gaye to prepare every necessary documentation to ensure that the files were transferred to Bong County, which Wesseh had contended that Dahn and Gaye were yet to transfer the case to Bong County. Besides, Wesseh told Justice Kaba that to have the file transfer to Bong County, and as a normal procedure, he gave the amount of US$80 to Gaye as transportation to facilitate the transfer of the documents, which money Gaye had received, yet to transcribe the document to have it transfer the county.
The determination of the motion to Nolle prosequi is very key to the reopening of the US$5 million economic sabotage and theft case that was recently dismissed by Judge Ousmane Feika of the Criminal Court ‘C’ in Monrovia.
Judge Feika's decision was made on the basis of the Indictment against Armstrong that is still pending before the 8th Judicial Circuit Court in Nimba County. This is because Armstrong is Attorney-In-Fact of the two Czech republic nationals Martin and Pavel Miloschewsky, who had accused Singbeh of misleading the Miloschewsky brothers to transfer the US$5million that is in both cash and mining equipment to Liberia for the establishment of a Czech republic owned company, MHM Eko Liberia Limited.
But, the foreign investors through Armstrong claimed that Singbeh collected the money and equipment under the impression that he would establish that company, and had failed, which they are asking the court for Singbeh to account for the money and equipment.