The Monrovia City Court has dismissed the multiple charges of forgery, criminal facilitation and criminal conspiracy brought against Liberty Party embattled chairman Musa H. Bility and Secretary General Martin S. Kollah.
Magistrate Jomah Jallah handing down his ruling Thursday, February 10, 2022, noted that the two Liberty Party stalwarts were set free and their rights restored because the complainants in persons of Jeremy Russel, Romeo Coker and Napoleon H. Weah, have no legal standing or capacity to take action in the Liberty Party’s interest.
“Therefore the lack of legal standing or capacity as shown here in this cause of action is tantamount to a serious legal defect,” Magistrate Jallah averred, adding that in the mind of the court, the elementary definition of legal standing refers to a vested interest or a right in an action shown from injuries directly suffered or some vested interest or rights granted a party in a representative capacity by means of legal instrument to prosecute an action.
Judge Jallah further stated that in the instant case, the act complained of by the Republic of Liberia by and through the private prosecutor is said to have been committed against the Liberty Party Constitution.
Judge Jallah in his ruling noted that from the record before the court, there is no showing that the Liberty Party which is said to have been injured directly as a consequence of the alleged conduct by the defendants has complained through its National Executive Committee or has executed a resolution authorizing a formal criminal action to be taken or brought against defendants Musa Bility and Martin Kollah for forgery, criminal conspiracy and criminal facilitation.
He also disclosed, however, that what is before the court for determination is the complaint by some partisans of the Liberty Party accusing their own chairman and secretary general of forging and altering the Liberty Party Constitution.
“This court, therefore, relying on the strength of law, disagrees with the prosecution argument and says the Republic of Liberia is never a party complainant in any Criminal action at the “making of the complaint or at the issuance of the arrest warrants under section 10.6(b) of the criminal procedure law.
“The Republic of Liberia can only become a party and obviously a victim of the Crimes charged when the arrest warrant is issued, the defendant is arrested, brought under the jurisdiction of the court and trial commences,” Judge Jallah stated.
He said in the mind of the court, the phrase “of the complainant” refers to a person making the complaint as the injured party and not the Republic of Liberia.
“In the instant case, it seems quite inconceivable for this court to properly rationalize as to how the private prosecutors whose proof of some legal instrument have been directly injured by an alleged act of forgery, criminal conspiracy and criminal facilitation committed against the party by two of its executive members.https://thenewdawnliberia.com/bility-defies-lp-officials/