The Constitutionality of Restrictive Orders in Liberia First and foremost, freedom of speech or freedom of expression is constitutionally restricted and provided for and contained in Article 15 (a) through (e) of the 1986 Constitution of the Republic of Liberia. Specifically Chapter 3, Article 15 (a) to (e) plainly and unambiguously provides that: Article 15 (a) Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted, or enjoined by the government save during an emergency declared by this Constitution. Article 15(b) The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone, and telegraph. It likewise includes the right to remain silent. Article 15© In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries. Article 15 (d) Access to state owned media shall not be denied because of any disagreement with or dislike of the ideas express. Denial of such access may be challenged in a court of competent jurisdiction. Article 15(e) This freedom may be limited only by judicial action in proceedings grounded in defamation or invasion of the rights of privacy and publicity or in the commercial aspect of expression in deception, false advertising and copyright infringement. Why Issue Restrictive Orders? The literal construction, interpretation, and application of Chapter 3, Article (a) to (e) of the Liberian Constitution irrespective of the concern and interest of the Government of Liberia, freedom of speech or freedom of expression, that is the right for the public to know and be informed about their government and its functionaries shall not be curtailed, enjoined, or restricted; save during an emergency declared consistent with the Constitution of Liberia. Restrictive orders for fear that the minds of a trial jury may be inflamed should members of the Press interview certain Liberian citizen purportedly charged by the government of Liberia, constitutes no emergency should the Press elect to interview and air recordings that relate to the functions and activities of the Government of Liberia. The contention of the Ministry of Justice and the orders of Criminal Court “C” restricting the right of the Liberian people to be informed and know about the function of their government, particularly information relating to the executive, plainly constitutes a willful violation of Chapter 3, Article (a) through (e) of the Liberian Constitution. If it were the case that by interviewing Ellen K. Corkrum and Melvin Johnson and airing such interview and playing the tape recordings relating to the function and activities of the government of Liberia is illegal and intolerable fearing that the minds of the trial jury will be adversely impacted against the Government of Liberia, why are members of the trial jury at this stage having yet been sequestrated and restricted from receiving any and all information aired generally and specifically relating to the case at bar? The responsibility to sequestrate and remove a trial jury from receiving public information that may appear adverse in a case rests solely on the Government of Liberia. Should the Government of Liberia choose to restrict the freedom of information or freedom of expression due to the pending case, what national security interest or emergency purpose would such restrictive orders serve? If anything, since July 31, 2013, the Ministry of Justice using the machinery of government is the agency that has being talking to the Press and disclosing to the Press and the Liberian people information stating that the government of Liberia has indicted and charged Ellen K. Corkrum, Melvin Johnson and others with have committed a criminal offense in Liberia and against the people of Liberia. In fact, the Ministry of Justice has step-by-step and on separate occasions told the Liberian People through the Press that it has prepared and filed extradition proceedings against Ellen K. Corkrum and Melvin Johnson and that sooner later, the pairs will be extradited from the United States of America to face speedy and transparent justice for the alleged crime they committed in Liberia and later fled Liberia. When did the government of Liberia consider that the minds of the trial jury were to be inflamed and they to act adversely to the interest of the Liberia? Was it not the government of Liberia that weekly and consistently informed the Liberian people that Ellen K. Corkrum and Melvin Johnson, criminal defendants are indicted and a writ of arrest was out to arrest, bring them back to Liberia for immediate prosecution for allegedly committing Property Theft; Economic Sabotage; Misappropriation of Public Money; Criminal Conspiracy; and that the pairs must be prosecuted for crimes they committed in Liberia? Did the government of Liberia not by its own election purposely and intentionally commit a sea of public relation mess by daily and disparately chasing after the Press of Liberia to publish false and misleading information about Judge Johnson and Ms. Corkrum and literally opted to try their case in the Press and before the world and people of Liberia? The right of the people to be informed cannot be enjoined. Should the Government succeed to limit and restrict journalists in Liberia from interviewing and airing recordings relating to the function and activities of the government of Liberia in the custody and possession of Ellen Corkrum and Melvin Johnson as pretended and as they wish to unlawfully do, what are the legal and realistic means and steps that the government has to restrictively curtail and enjoin Ms. Corkrum and Judge Johnson from further granting interviews and airing their tape recordings and publishing other materials they have in the international press? Moreover, Judge Johnson and Ms. Corkrum though were reportedly and allegedly indicted since July 31, 2013, since then, Criminal Court “C” by and through the effort of the Government of Liberia has typically done nothing by a reasonable standard and consistent with the laws of Liberia to arrest and serve a copy of the indictment on the pairs. So by law and consistent with the Criminal Procedure Laws of Liberia, Criminal Court “C” has no jurisdiction over Judge Johnson and Ms. Corkrum. The Ministry of Justice and the Government of Liberia should stop playing this disparate and catching-up game and enforce the laws of Liberia, fairly and transparently. Since the indictment and a writ of arrest for Ellen Corkrum and Melvin Johnson were reportedly issued, 120 days thereafter, Ms. Corkrum and Judge Johnson have not been arrested nor served a copy of indictment reportedly issued by the Government of Liberia. As far as Judge Johnson and Ms Corkrum are concerned, they are honorable and free citizens not under the jurisdiction of any court of Liberia. Consistent with Chapter 3, Article (a) through (e), Ellen Corkrum and Melvin Johnson are simply exercising their right to freely express themselves and inform the Liberian people pertaining to activities and functions of their Government. Any restrictive orders to the contrary, remain repugnant to the Constitution of Liberia. If the character of anyone is defamed and damaged, that would be the good name and character of Judge Johnson and Ms. Corkrum; damaged, intentionally by the government of Liberia and its agencies. In fact, the gag or restrictive orders issued by the government is unlawful and patently defective because it named no media house or journalist in Liberia as respondents or co-respondent. The Orders of Criminal Court “C” supervised by the Ministry of Justice, simply named Judge Johnson and Ms. Corkrum as respondents. No journalist in Liberia is a party to the Orders issued by Criminal Court “C” and they is not obey such orders. In law, what is not done legally is not done at all. When is Prosecution Commenced? The Criminal Procedure Law – Title 2 – Liberian Code of Laws Revised Section 4.7 (a) through (c), states that prosecution of a case in Liberia shall be deemed to have commenced, upon any of the following happening: Section 4.7(a) The finding of an indictment against a defendant; Section 4.7(b) The issuance of a warrant of arrest, or summon, or notice to appear, provided that the warrant is executed, or the summons or notice to appear is served, within a reasonable period of after issuance; Section 4.7(c) If the defendant is a fugitive in a foreign state with which Liberia has a treaty of extradition, the issuance of a requisition to the appropriate official of that state for the surrender of the fugitive. Public Relation Mess Actually, the government of Liberia reportedly indicted Ellen K. Corkrum and Melvin Johnson and others on July 31, 2013 and thereafter, Criminal Court “C” issued a writ of arrest for the living bodies of Ms. Corkrum and Judge Johnson. Immediately thereafter, the government of Liberia published copy of the indictment on Front Page Africa and in all local newspapers in Liberia. The government of Liberia having no real case to prosecute consistently with the laws of Liberia and win against Judge Johnson and Ms. Corkrum, commenced its media war and assault on the good name and reputation of Ms. Corkrum and Judge Johnson, even before the whereabout of the defendants were established and the defendants arrested and brought under the jurisdiction of Criminal Court “C”. Weekly and consistently, Ministers of the Government of Liberia were dispatched and instructed to contact the Media of Liberia to publish false and malicious information against the good name of Judge Johnson and Ms. Corkrum. The facts and materials that the government of Liberia chose to hide from the people of Liberia are what Judge Johnson and Ms. Corkrum are dutifully and lawfully releasing to the public consistent with Article 15(a) to (e). Moreover, the Government of Liberia has not publicly denied the publications presented by Judge Johnson and Ms. Corkrum. In fact, Ministers of the Government, in particular, Liberia’s Minister of Defense has confessed and admitted to the veracity of the information provided by the pairs. Because the gag orders issued by the Criminal Court “C” is defective and violates the Constitution of Liberia as contended herein, the only legal way to prohibit and enjoin the Orders of the Criminal Court “C” is to petition the Supreme Court of Liberia for a Writ of Prohibition. Prohibition will lie where the constitutional rights of the people Liberia are restricted. Legally, Prohibition will undo all unlawful acts; in this case, the restrictive orders issued by Criminal Court “C” and superintendented by the Government of Liberia. Judge A. Blamo Dixon, Resident Circuit Judge for Criminal Court “C” and the Government of Liberia must be prohibited for acting contrary to Article 15(a) to (c ) of the Liberian Constitution. Prepared this 1st day of December A.D. 2013 by: Frederick A.B. Jayweh, Esq., B.A, LL.B., LL.M
Posted on: Mon, 02 Dec 2013 13:59:26 +0000
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