Liberia Water and Sewer Corporation (LWSC) former Managing Director Duannah A. Kamara claims he is a victim of a complete witch hunt sponsored by invisible big hands that are working to tarnish his hard-earned character, in reaction to a writ of Ne Exeat Republica issued to ban him from leaving Liberia.
The Monrovia City Court issued the writ based on the Liberia Anti-Corruption Commission (LACC) request.
In filings before the court on Tuesday, 17 August 2021, Mr. Kamara’s legal team insisted that the Monrovia City Magisterial Court lacks the jurisdiction to issue a writ of Ne Exeat Republica.
His lawyers have asked Magistrate Jomah S. Jallah to deny and dismiss what he called baseless, unfounded, and extra original jurisdiction of the petition, stating that it lacks legal and factual defense.
Following reports of disturbances and alleged corruption at LWSC, President George Manneh Weah on 10 June suspended Mr. Kamara and the LWSC Deputy Managing Director for Finance Sensee J. Morris.
Mr. Weah subsequently asked the General Auditing Commission (GAC) to conduct an immediate investigative audit, following which the LACC sought a Ne Exeat Republica to be issued against the accused.
However, the defense team alleged that the LACC through the Monrovia City Court violated Section 23.22 of the New Judicial Law and also Section 23.3 of the New Judicial Law.
Kamara’s lawyers contended that Section 23.3 of the New Judicial Law mandates that the Labour Court and judges shall have the exclusive right, jurisdiction, power, and authority to issue or cause the issuance of a writ of execution, attachment, garnishment, Ne Exeat Republica and summon in summary proceedings.
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The defense continued that the provision requires that the Labor Court or a judge shall exercise the power and authority vested in the Debt Court or judges thereof in the civil case.
Meanwhile, Kamara’s legal team have notified Judge Jallah that it’s the Circuit Courts, Labour Court, and Debt Court that have the exclusive jurisdiction to issue a writ of Ne Exeat Republica, adding that no other court in the country has original or appellate jurisdiction to do so, not even the Monrovia City Magisterial Court.
The defense argued that the prohibitory conduct of the petitioner, LACC, is a witch hunt sponsored by invisible hands to tarnish their client’s character.
They explained that the democratic tenets of the Government of the Republic of Liberia which uphold both substantive and procedural due process of the law must be accorded to every citizen of this republic.
The defense has appealed to the City Court to quash, deny, and dismiss summarily the LACC’s application or petition.
They explained in their petition that their client has been in full compliance with the ongoing investigation, noting that the petitioner cannot make any application that will defame his character earned over the past years and deny his rights which are protected under the Constitution.https://thenewdawnliberia.com/travel-ban-belated/
