Margibi County Senator, Nathaniel F. McGill, has described Criminal Court “A” ruling in the Clar Hope Foundation’s case, in which the court upheld the state’s request for the foundation to produce evidence against itself, as deeply troubling and, in his view, a travesty of justice.
On Tuesday, the First Judicial Circuit, Criminal Court “A”, Temple of Justice, denied a motion filed by the Clar Hope Foundation seeking to quash a subpoena issued by the Asset Recovery and Property Retrieval Task Force (AREPTF)—rejecting the Foundation’s attempt to block the Task Force from requesting it to provide documents related to its operations, finances, and project activities against itself.
In his ruling, Judge Willie ordered the foundation to produce all documents, records, and materials requested by the Task Force, and without delay. The court further warned that failure to comply could result in legal consequences, including possible contempt proceedings.
However, Senator McGill observed that Article 21 of the Constitution is clear: no person shall be deprived of rights or property without due process of law, and no person shall be compelled to produce evidence against himself or herself. “These are not suggestions; they are Constitutional guarantees,” he noted.
He emphasized that in Liberia’s system of justice, the burden of proof rests on the state. “When the government accuses a citizen or an institution of criminal wrongdoing, it must proceed lawfully, indict if necessary, and prove its allegations beyond a reasonable doubt in a court of competent jurisdiction. That is the foundation of criminal justice. That is the rule of law,” he further observed.
The lawmaker emphasized that courts are not instruments of political convenience. “Judges swear an oath to protect and defend the Constitution. Any judge who willfully violates that oath or circumvents Constitutional protections for political considerations must be held accountable, and should be ashamed. Liberia is not a banana republic. No judge is above the law,” he warned.
He vowed that, as senators, they will use their Constitutional oversight powers to ensure that judicial abuses do not go unchecked, noting that judicial independence does not mean judicial immunity from accountability.
“Liberia will never become a banana republic where Constitutional rights are ignored and state power is used to intimidate citizens.
“The Clar Hope Foundation has consistently stated that it is open to full cooperation with any lawful investigation. Cooperation, however, does not mean surrendering Constitutional rights.
“The Constitution remains supreme, and we will defend it,” Senator McGill added.
