It has been observed in many instances that a subpoena from the court, inviting somebody to appear often leaves people worrying and panicking, as if they have been indicted for a crime, which often proves the contrary. A subpoena is nothing to worry about as long as one is convinced of his or her innocence and can prove beyond all reasonable doubt.
So many people have been at one time or another subpoenaed by the court and have appeared, testified before the judge and leave. Testifying in court simply means telling the judge all that you know about a particular issue, saying nothing but the truth and the whole truth.
A recent example of a court subpoena involved Unity Party Standard Bearer and President-elect, Joseph Nyumah Boakai, during the Collaborating Political Parties (CPP’s) rigmarole that saw former Presidential candidate Alexander B. Cummings, taken to court for allegedly tampering with the CPP Framework Document.
Ambassador Boakai, in adherence to the subpoena, appeared in court and testified all that he knew about the document and left. Period. The court had nothing else to do with him so he walked out a free man and continued his political sojourn that eventually saw him officially pronounced as President-Elect, of the Republic of Liberia.
About a week ago, Criminal Court ‘A’ Judge, Roosevelt Z. Willie, in the ongoing murder trial of former Chief Justice Gloria Musu Scott, ordered the Clerk of Court to do a subpoena Ad Testificandum Decu Tecum to Police Inspector General, Patrick Sudue, to produce the report of April 25, 2022 on incident of Justice Scott’s missing license plate, and the ledger testified to on Monday, November 27, 2023, by Col. Sudue’s representative, Detective Curtis B. Koffa.
Subsequently, Judge Willie has granted defense’s application for subpoena Decu Tecum and Ad Testificandum to be served on Monrovia City Mayor Jefferson Koijee to present to the court, Mr. Varlee Telleh along with his (Telleh’s) numbers that were used from 21st – 25th February 2023, and to also testify to said numbers as to whom he (Telleh) called within the timeframe mentioned. That’s what it means: to present the individual being requested in court along with the relevant information asked for.
However, the person being subpoenaed must comply by appearing in person and testifying to or answering all questions to avoid being held in contempt for disobeying court order. Â
On the other hand, a criminal indictment is a formal accusation of a crime, usually a felony, by a grand jury that contains notice of the criminal charges against an individual and initiates the criminal case. Besides, an indictment is a way of protecting the accused from being prosecuted without enough evidence or proof. It is also a way of allowing the prosecution to proceed without a judge or defense attorney’s involvement.
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For example, an indictment was unsealed against jailed former Liberian President Charles Ghankay Taylor by the UN-backed Special Court of Sierra Leone, while Mr. Taylor, then still a sitting President, had gone to Ghana to initiate peace talks. However, following the Comprehensive Peace Accord (CPA), cessation of hostility by warring factions, and election of a democratic government in Liberia, Taylor was subsequently brought back from Nigeria and dragged before the Special Court in Freetown, Sierra Leone where he pleaded not guilty after charges were read. The rest is history.
But between the two, an indictment is more grievous and weightier than a subpoena. What is important though, is that they both must be respected in accordance with law, regardless of the status of persons being sought by the court.
