Liberia: New Senate Pro-Tempore Faces Senate Secretary’s Prosecution Predicament

Senate Pro Tempore, Nyonblee Karnga-Lawrence, has inherited the increasingly pressing dilemma on how best to act on the 2021 letter from the Ministry of Justice (MoJ), requesting the surrender of the Secretary of the Senate, Nanborlor Singbeh, to face criminal prosecution.

As a supporter of President-elect Joseph N. Boakai and his commitment to transparency, accountability, and the rule of law, Senator Karnga-Lawrence must decide whether to bring this matter to her colleagues for deliberation.

The Liberia Anti-Corruption Commission (LACC), in 2019, indicted defendant Singbeh for allegedly opening two bogus accounts in the name of MHM Eko-Liberia, conspired with Karel Sochor, Ales Sramek, Peter Pesek, Jan Holaseh (Czech Republic nationals) and Gloria Caine by convincing two Czech investors, Martin Miloschewsky and Pavel Miloschewsky to transfer US$2,495,109 and US$102,000, to pay custom duties on equipment imported, employees salaries and other running costs.

The indictment notes that the total value of properties, including cash and equipment stolen directly from the Czech nationals by the defendants, is estimated at US$5,062,419.10. 

The Miloschewsky brothers were to hold 35 percent share each, with Singbeh holding the remaining 30 percent share in the proposed MHM Eko Liberia Limited, a rock-crushing company that was expected to have been operating in Wella, Margibi County, the indictment said.

To ensure that they followed up on legislative procedure to have Singbeh surrender to the jurisdiction of Criminal Court ‘C’, the Ministry in June 2021 wrote then Pro-Tempore Albert Chie.

Unfortunately, Senator Chie rejected the letter from the then Assistant Minister for Litigation at the Ministry of Justice (MoJ), Counselor Wesseh Alphonsus Wesseh.

Senator Chie’s contention was that Wesseh repeated twice the word ‘Honorable’ in the communication, which he believes constitutes a major error to be introduced on the agenda for deliberation by the House of Senate.

Though Wesseh ratified the error and resubmitted the corrected letter to the office of the Pro-Tempore, Chie never introduced the letter on the Senate’s agenda for deliberation.

The letter, however, was received and signed by Singbeh’s Deputy, Janneve Verdier Massaquoi.

Senator Karnga-Lawrence will have to address this issue when the Senate resumes normal business to ensure that Singbeh’s trial can begin in the February 2023 term of Criminal Courts.

The communication from the MoJ stated that granting the request would prevent Singbeh from influencing the trial while serving as secretary of the Senate. However, the letter has yet to be officially discussed on the Senate floor.

Under Senate procedure, a communication must be received by the Secretariat, currently led by Singbeh himself, before it can be placed on the agenda for deliberation. Senator Chie, as the Pro-Tempore, reviews the content of the communication and instructs the Secretariat to include it on the agenda.

It is worth noting that in 2019, a magistrate issued an arrest warrant for Singbeh and his accomplice, but Senator Chie reportedly prevented the arrest, offering an excuse instead. As the Senate prepares to address this matter, the decision regarding Singbeh’s prosecution must be handled carefully and in accordance with legal procedures and the principles of fairness and justice.