City Court grants ANC Scribe relief
But prosecution frowns
By Lincoln G. Peters
The Magistrate of the Monrovia City Court at the Temple of Justice in Monrovia Jomah Jallah grants brief relief to the Secretary-General of the opposition Alternative National Congress (ANC) Attorney Aloysius Toe, to enable him to sit the Supreme Court Bar Exam, as provided by law.
Attorney Toe currently faces joint criminal charges along with his Political Leader Alexander B. Cummings and party chairman, Daniel Nathen, for allegedly altering the framework document of the now disintegrated Collaborating Political Parties (CPP).
Magistrate Jallah’s decision came after lawyers representing the ANC Political Leader Alexander Cummings headed by Cllr. Abrahim Sillah prayed the court to grant Atty. Toe a brief monitored absence because he is one of the candidates sitting the Supreme Court Bar Exam for Counsellorship.
The Magistrate on Wednesday, January 19, 2022, ruled that if he (Jallah) does not give his consent to the Supreme Court Bar Exam, it would demonstrate disrespect for the High Court, which is the Head of all judgments in all proceedings of the Land.
He notes that the Supreme Court of Liberia heads the Judicial Branch of Government and all courts under its jurisdiction are obliged of events, orders and mandates.
He explains that the statute authorized courts to take judicial notice of the law, judicial notice of the Constitution and judicial notice of Public Defendants, pointing that Section 2.4 of the criminal law provides that the defendant’s absence is not required during the making or hearing of ruling in any motion or application addressed to the court.
“Therefore, in view of the foregoing, the application made by counsel for defendant is hereby granted and the counsel for defendant is hereby ordered, to re[state]the motion filed by persecution,” Magistrate Jallah ruled.
During argument in court, lawyers representing ANC Political Leader Cummings prayed the court for a brief absence of Atty. Toe, who is currently sitting the Supreme Court Bar examination that is sanctioned by the High Court.
However, prosecution lawyers pray the court that Defendant Toe’s application should be denied and that he should be held for bill-jumping, for not appearing in court after being served with an assignment.
Solicitor-General Cllr. Sayma-Syrenius Cephus argues that Defendants Alexander Cummings, Aloysius Toe and Daniel Nathen are jointly charged, so they cannot be separated in criminal proceedings, having already pleaded to the Writ and joined issue with the State.
But the Magistrate grants the defense’s request, thus allowing Atty. Toe to go and write the Bar’s exams.https://thenewdawnliberia.com/cummings-allegations-baseless-and-useless/ Editing by Jonathan Browne