Liberia: Dr. Jomah Wins CARI Again

Dr. Nykoi Jomah. 

... As Independent Human Rights Commission hands down its ruling into his complaint

Dr. Nykoi Jomah, the embattled Director of Livestock Aquaculture Fishery Program at the Central Agricultural Research Institute (CARI), has again won the research institute, this time at the Independent National Human Rights Commission (INHRC) for wrongfully dismissing him and refusing to pay him his salaries and benefits.

After the intervention of Justice Minister Frank Musa Dean, Eugene Fahngon among others and winning CARI for allegedly violating his fundamental human rights, Jomah filed a complaint with the INHRC in September 2021 and in October of the same year, the dispute resolution office asked the Hearing Office to look into the complaint.

After months of proper investigation by the Hearing Office of INHRC, the Commission on Wednesday April 13 ruled declaring CARI guilty of violating Jomah’s basic human rights and should reinstate Dr. Jomah and pay him all the benefits due him in accordance with law.

“Whether or not CARI authority’s dismissal of Dr. Jomah on the basis of a Police Charge Sheet for criminal allegation that was pending undetermined before a competent court of law, is a violation of his right to due process of law, the answer to the issue is YES,” INHRC’s hearing office said.

The hearing office continued: “It is the holding of this Hearing Office that the CARI authority’s dismissal of Dr. Jomah is in violation of his due process of rights, and therefore held liable by this hearing office to pay Dr. Jomah all his benefits totaling thirty (30) months’ salary from the period of his dismissal to present.”

CARI has ten days, according to the policies of the Independent National Human Rights Commission, as of the day of announcement of a ruling by the Hearing Office, to file an appeal before the full bench of the Board of Commissioners of the institution if it (CARI) so desires or abide by the ruling of the Hearing Office.

It all started in 2019 when CARI, under the supervision of Madam Paulette Findley, accused Dr. Jomah of allegedly stealing L$10,000 and forging signatures to rob the entity of huge sums of money.

CARI reported Jomah to the Police in Gbarnga and, after their investigation, the Police prepared a charge sheet holding Jomah criminally liable for theft and he was detained at the Central prison pending Court trial.

At the Circuit Court, Judge Boima Contoe dismissed the case, thereby relieving Jomah of all wrongdoings as charged by the Police.

There is no record; however, that CARI took an exception to the dismissal of the case by the Circuit Court and filed an appeal to any higher court but failed to honor the court’s request to reinstate Jomah and pay him his benefits.

Pauletta Findley, who was the Officer in Charge (OIC) of CARI, is no longer in charge. Victor Sumo is now in charge and, upon taking office, he claimed that he was interested in ensuring there is reconciliation with all aggrieved staff and those dismissed under questionable conditions.

According to Sumo’s filings and testimonies at the Human Rights Commission, Dr. Jomah did not comply with his efforts, thereby leading to the continuous unresolved crisis.

Jomah claimed that he obstructed a syndicate aimed at stealing nearly half a million of United States Dollars from CARI by Madam Findley and her supporters.

A leaked audio recording which, sometime in 2020, alleged that Madam Findley had conspired to sell a generator of the entity and other materials valued tens of thousands of United States Dollars went wild but Madam Findley debunked the recording by saying that CARI had no valuable assets to be sold except for scraps, which she had by then asked the General Services Agency (GSA) to grant her permission to sell and raise funds for the institution.

INHRC’s Hearing Office relied on Chapter III Article 20 (a) Liberia 1986 Constitution as well as the Chapter 2, Section 2.1 of the Criminal Procedure Laws of Liberia; Article 11(I) of the Universal Declaration of Human Rights, and defined in Chapter III, section 2(a) and (b) of the INCHR Act of 2005 to render its judgment into the matter between Jomah and CARI.

Article 20(a) of the 1986 Constitution states that “Any act or omission on the part of State Officials/agents in the exercise of their official duties that hinders the enjoyment of the basic fundamental rights of any Liberian or residents in the borders of Liberia,” and the Criminal Procedure Laws and the 2005 Act establishing INHRC supported that Dr. Jomah not been accorded due process of law “is a violation of the basic fundamental human rights of which is the right to due process of law.”

Dr. Jomah expressed his thanks to the Commission for unbiasedly looking into the matter and hopes that CARI will not continue to ignore but pay him his just salary and benefits for all the months under consideration.

“I hope they will respect the ruling and pay me my money. If they refuse as they have been doing, I will go to court and continue with the legal process because I know I am not in the wrong.

Meanwhile, when contacted to give the opinion of CARI, Victor Sumo, acting Officer in Charge (OIC) blasted at the Daily Observer reporter, saying that he should not have been called at 7pm (local time) to answer any question about CARI.

“My man, call me on the day, you hear. Don’t call me at night. That’s my response,” he blasted and hung up the phone line.