Grand Kru Senator, Several Former Officials Face Arrest for Corruption

In what appears to be a last offensive in the fight against corruption, the government of President Ellen Johnson Sirleaf’s Ministry of Justice, Monday lined up arrest warrants against 10 individuals, who are past and current government officials for their alleged role in a bribery saga at the National Oil Company of Liberia (NOCAL).

The indictment comes at a time when President Sirleaf is visiting the United States of America and is expected to hold a meeting with United States President Barrack Obama. President Sirleaf has taken major decisions ahead of her meeting with President Obama on February 27-lifting the curfew imposed during the outbreak of the Ebola virus, announcing the reopening of the country’s borders with neighboring countries, followed by an indictment against several individuals. Over 10 defendants in the NOCAL bribery saga were nowhere to be seen Tuesday when the bailiff of criminal Court C’ roamed the city of Monrovia to serve them a writ of arrest issued by the court. Defendants Clemenceau Urey former board chair of NOCAL, former Education minister Dr. Evelyn Kandakai, Grand Kru Senator Albert Chie, and Cllr. Stephen Dunbar among others, are amongst those indicated and could face arrest. The indictment states that the individuals committed the crime of Economic Sabotage, a felony of the first degree in violation of chapter 15, subchapter F, section 15.80(a) (b) (c) (e) of the new penal law of Liberia, title 26 of the Liberian code of laws. Defendant Urey, Dunbar, Kandakai, Chie all, then, members board of directors, NOCAL, Dr. Kromah, president/CEO, NOCAL and the other indictees knowingly, willfully, purposely and intentionally colluded to defraud the Government of Liberia of US$120,400 by engaging themselves in the solicitation, payment and or receipt of money, for the alleged purpose of ratification by the 52nd Legislature of oil contracts entered into by and between NOCAL and several companies, according to the indictment. Judicial sources told FrontPageAfrica that the defendants have gone into hiding after publications Tuesday, reported the looming indictment against the accused by the Government. A source said the writ of arrest was issued Tuesday morning and the indictment should have been attached, but it was frustrating to have seen the publication of the indictment in the newspaper, when there is a law that provides that an indictment is not to be disclosed until a defendant is arrested. One legal practitioner added that with the newspaper report may have forced the accused into hiding as many are said to be contemplating filing bonds upon the recipient of the writ from the court to avoid arrest. “The court knows they are in hiding and they are planning to come under the jurisdiction of the court and as soon their writ is served, they will file their bonds,” a lawyer who preferred anonymity observed Tuesday. Under the law, there are five means to file a bond and the court cannot restrict a defendant on the type of bond to file before a court of competent jurisdiction. “Whether it is a criminal appearance bond, insurance bond, property evaluation bond, cash they will decide, but the court can’t do for them”, a court official explained. The source disclosed that any bond filed by the defendants cannot be denied by the court and if a court denies the bond, the defendants’ lawyers will file a writ of mandamus before the Supreme Court. ”The bond is to secure the defendants on a day to day appearance, even if they file a bond and wants to travel, they need to file an application saying that they are travelling and the court can hear it based on the merit the court can grant or deny it”, the legal source hinted. NOCAL the company overseeing the development of legislations for the emerging oil sector of Liberia has always been at the center of controversies over corruption related issues and reports of money changing hands in the awarding of oil contracts to multinational corporations. The expenditure report for a reported United States ten million dollars provided by oil giant Chevron as social contributions, remains unknown with reports that Robert Sirleaf, the son of President Sirleaf, who served as Board Chairman of NOCAL single-handedly handled the money, engaging in self-styled humanitarian initiatives. NOCAL was also embroiled in bribery allegations when officials of the company admitted during audit that they spent thousands of dollars to bribe Lawmakers to ratify oil legislations. The lead audit institution, the General Auditing Commission (GAC) of Liberia recommended in the audit that the Ministry of Justice further probe the admittance by NOCAL officials that they bribed Lawmakers to ratify oil related agreements. The Liberia Anti-Corruption Commission (LACC) also recommended to the Ministry of Justice for prosecution of individuals connected to the bribery saga. An unsealed indictment from the Ministry of Justice is creating fear amongst the ten individuals as FrontPageAfrica has gathered that these individuals are on the run, fearing arrest as they look out for legal representations before their arrest. Lawmakers to be arrested? One of the indictees in the NOCAL alleged bribery saga is Grand Kru Senator Albert Chie, who once served as a member of the NOCAL board. If arrested Senator Chie will be the second Senator to be arrested and prosecuted for committing a crime after former Margibi County Senator Roland Kaine (2008) was prosecuted for his alleged role in an incident that left several people dead along the Farmington River in Margibi County. Legal experts argue that the arrest of Lawmaker will be in violation of article 42 of the Liberian constitution. Legal pundits have given different interpretations to Article 42, with some saying a Lawmaker can be arrested when he or she is not in session. But others argue that a sitting Lawmaker can be arrested on non-session days. Article 42 states: “No member of the Senate or House of Representatives shall be arrested, detained, prosecuted or tried as a result of opinions expressed or votes cast in the exercise of the functions of his office.” “Members shall be privileged from arrest while attending, going to or returning from sessions of the Legislature, except for treason, felony or breach of the peace. All official acts done or performed and all statements made in the Chambers of the Legislature shall be privileged, and no Legislator shall be held accountable or punished therefore.” It can be recalled that Former Senator Roland Kaine and 13 others were accused, arrested, charged by the government and sent to court. Following long period in detention facing trial, Kaine was acquitted along with others. When contacted, one of the defendants, Urey, the former NOCAL board chair only had this to say: “Look you’ll please leave me alone; please leave me alone.” All efforts made to contact the others proved futile because they could not be reached.