Lawyers Challenge the Legality of City Court’s Travel Ban

After questioning the legality of the Monrovia City Court to issue a Writ of Ne Exeat Republica (travel ban) against five public officials, including the suspended Managing Director of the Liberia Water and Sewer Corporation (LWSC), Duannah A. Kamara, the legal team of Kamara has filed a resistance questioning the legal ability of the court to authorize the writ.

Kamara, together with his Deputy Managing Director for Finance, Sensee J. Morris, and Charles McArthur Gull, Managing Director of the Port of Buchanan, his Chief Statistician Amara Kamara, who was also suspended, and  the dismissed Managing Director of the Liberia Airport Authority (LAA), Bishop John Allan Klayee, were all issued the writ restraining them from leaving the country, pending the outcome of an investigation into accusation of corruption by the Liberia Anti-corruption Commission (LACC).

Kamara was suspended by President George Weah over a leaked recording on questionable authorization of US$900,000 for a contractor, the accusation Kamara has repeatedly denied.

In his writ, Stipendiary Magistrate, Jomah Jallah said, “The defendants are about to leave the bailiwick of the Republic to foreign parts much to the surprise of the plaintiff, and that the magistrate having been duly satisfied upon an application filed by the plaintiff orders a writ of Ne of Exeat Republica.”

Jallah went on to say that “If the defendants cannot give a bail approved by the court, you will be in the common jail of Montserrado County to remain there until they file such bail and security.”

However, in response to Jallah’s ban, Counselor Amara Sheriff argued that the Magistrate’s writ is preposterous, baseless, illegal and extra-original jurisdiction because the Monrovia City Court is without original jurisdiction to issue the writ of Ne Exeat Republica.

Cllr. Sheriff further argued that the New Judiciary Law gives jurisdiction to three courts, the Debt Court, Labor and all Circuit Courts to have the original jurisdiction to issue a Writ of Ne Exeat Republica and no mention of the Monrovia City Court.

“There is no sentence, phrase, or clause within the power and or jurisdiction of the magisterial court to issue a Petition for Ne Exeat Republica. The Magisterial Court of the Republic of Liberia has no such power and authority to grant such a powerful writ,” Sheriff petition to the court argues.

In another argument, Cllr. Sheriff proposed that the writ is not an original petition that stands by itself, claiming, “There must be a pending matter for ne Exeat Republica to grow therefrom,” he said. 

He added that to date, co-respondent Kamara has not been charged for commission of any crime or crimes, nor has he been convicted for which satisfaction of the judgment may be impossible.

Sheriff argued that Kamara is not a defendant in any criminal proceedings within the bailiwick of the Republic of Liberia and the government’s application to the magisterial court, particularly the Monrovia City Court, which has no jurisdiction to issue the writ.

“We considered the prohibitory conduct of the Government as witch-hunting,” Cllr. Sheriff claimed.

According to him, the democratic tenet of the Government of Liberia, which is the upholding of both substantive and procedural due process of law, must be accorded to every citizen of this Republic.

Sheriff also indicated that there are invisible hands behind the writ he terms as ‘unwarranted application’ to the court with the objective to taint his client’s character. However, they are prepared to prove Kamara's detractors wrong. “What is wrong today and yesterday shall ever be wrong tomorrow.”

Meanwhile, Magistrate Jallah is yet to announce a scheduled date for hearing of Kamara’s contention.