Liberia: Supreme Court Saves Joseph Boakai, Others from Arrest

The Justice-In-Chamber of the Supreme Court, Associate Justice Yamie Gbeisay, has placed a stay order in a case involving the opposition Unity Party and the Worjoloh McClain Enterprise, and its chairman, Dr. Randolph McClain. 

Gbeisay's decision yesterday came after the Unity Party and its former Chairman, Amin Modad,  filed a  writ of prohibition against Judge  Kennedy Peabody from enforcing contempt charges that would have led to the arrest and incarceration of top members of the leadership of UP for failing to adhere to a May 19, 2023 mandate of the court.

Peabody's ruling called for the party leaders to be arrested and have their assets auctioned to pay Worjoloh McClain Enterprise. 

“The Respondent Unity Party is hereby given up to and including July 3 to satisfy the full judgment amount,” the Civil Law Court judge ruled.  “Failure to comply with this ruling, the respondents be brought forth before this court and assets auctioned by this court to satisfy the judgment amount or they would be incarcerated at the Monrovia Central Prison pending the satisfaction of said judgment.”

The amount in question is US$200K, and since August 16, 2022, the court has ordered the Unity Party to pay half of this amount, which is US100Kon or before October 31, 2022. The remaining 50% was to be paid on or before December 15, 2022. 

However,  Gbeisay has placed a stay on the Peabody ruling against the former ruling party until the outcome of a conference. The concerned parties have been invited to a conference on July 10.

Peabody had warned during the court’s case proceedings in May that if the Unity Party fails to comply with the ruling, several of its members' access will be auctioned or incarcerated at the Monrovia Central Prison until the judgment is satisfied.

Peabody explained that the case originated from a petition for summary proceedings to recover possession of real property filed against the Unity Party, its Chairman, and other authorized representatives on February 23, 2021. 

On November 23, 2021, the court ruled in favor of the petitioner, ordering the eviction of the Unity Party and the payment of an arrear rent of US$180,000 and an additional US$200.000K for wrongfully withholding the property.

Since then, the court has issued multiple rulings and orders, demanding payment from the Unity Party. 

On June 14, 2022, the party filed a petition for a payment stipulation, which was heard by Judge Nancy Finda Sammy. She mandated the Unity Party to pay 25% of the judgment amount within a week. However, the party failed to comply with this ruling.

A second ruling was made on October 19, 2022, in which Judge Nancy Finda Sammy ordered the Unity Party to pay 50% of the judgment amount, along with court costs, before October 31, 2022. 

The remaining balance was to be paid before December 15, 2022. Once again, the Unity Party failed to meet these payment obligations.

As a result of these persistent failures, the petitioner filed a bill of information on May 3, notifying the court of the Unity Party's noncompliance. 

On May 19, a ruling was made, instructing the Unity Party to pay the full judgment amount by June 10 and that failure to do so would result in the executives of the Unity Party being held in contempt.

Peabody emphasized that since the initial judgment was made on November 23, 2021, there has been no effort on the part of the Unity Party to comply with the court's orders. 

Therefore, he noted that the ruling made on May 16, remains in effect, and the Unity Party must pay the full judgment amount by June 10, or face the consequences.

Meanwhile, the latest development has sparked significant interest and speculation in Liberia, as the Unity Party's financial position and ability to pay the judgment amount come into question. 

Many people are closely watching the conference scheduled for July 10, to see how the case will progress and what the future holds for the Unity Party.