The Monrovia City Court, Temple of Justice, Capitol Hill, Monrovia on Monday, August 23, 2021 rescinded its decision and ordered the revocation and dismissal of a petition for the writ of ne exeat republica it issued on October 13, 2021, based on a request by the Liberia Anti-Corruption Commission (LACC) against Duannah A. Kamara and others, thereby preventing them from leaving the country.
According to the court’s order, “You are hereby commanded to proceed to the offices of the Liberia Immigration Service(LIS) and all its immigration officers assigned at the Roberts International Airport(RIA) and duly inform the entity that the petition for the writ of ne exeat republica issued by this Honorable Court on October 13, 2021 against Duannah A. Kamara, preventing him from leaving the country, is hereby ordered revoked, dismissed and lifted by the court, and that he is, therefore, at liberty to leave the country whenever he wishes as the basis for which the writ was issued by the court no longer exists.
Continued the court’s order, “This court’s order is based upon the mandate and order of His Honor Jomah S. Jallah, Stipendiary Magistrate, Monrovia City Court, Temple of Justice, Monrovia pursuant to the judgment of the Court.
“You are hereby further commanded that, upon the execution of this Order, you will make your official returns endorsed at the back of this Order as to the form and manner of service thereof. And for so doing, this shall constitute your legal and sufficient authority,” added the court’s order.
The court’s order came after lawyers representing the legal interest of Co-Respondent Duannah A. Kamara prayed Stipendiary Magistrate Jomah S. Jallah to deny and dismiss the writ for Petition for ne exeat republica against their client (Duannah A. Kamara).
A writ of ne exeat republica, according to the Black Law Dictionary, is defined as a writ restraining a person from leaving the republic. Ne exeat writs are issued to ensure satisfaction of claims against a defendant.
Accordingly, in their response to the writ for ne exeat republica against their client, Co- Respondent Duannah A. Kamara’s lawyers, led by Cllr. Amara M. Sheriff of the J. Johnny Momoh and Associate Legal Chambers, Inc., contended that the Monrovia City Magisterial Court lacks original jurisdiction to issue writ of ne exeat republica.
Cllr. Sheriff further contended that the writ of ne exeat republica can only be issued by three courts within the Republic of Liberia: Circuit, Debt and the Labor courts.
He quoted Section 4.2 and Section 23.2 of the New Judiciary Law as legal justification for the Circuit, Debt and Labor courts that have the original jurisdiction for the issuance of a writ of ne exeat republica.
On the hand, the renowned Liberian lawyer averred that Section 7.3 of the New Judiciary Law, entitled, “Jurisdiction of Magistrates Courts”, did not authorize the Magistrate Courts to issue the writ of ne exeat republica.
“Another legal basis that prevents the Monrovia City Magisterial Court from the issuance of the writ is an existing pendency of a suit out of which the petition for the issuance of the ne exeat republica grows; there is no criminal proceedings or lawsuit against Co-Respondent Duannah A. Kamara in any court of competent jurisdiction within the Republic of Liberia, which should have served as the legal foundation for Petitioner LACC requesting of said writ, and therefore, it is incurably defective and legally untenable,” the Liberian lawyer further averred.
“Had Petitioner LACC known that the Monrovia City Magisterial Court has no original jurisdiction on such matter relating to and arising from the issuance of the aforesaid writ, it would not have prayed the Monrovia City Magisterial Court to issue the writ,” he argued.
He mentioned that Petitioner LACC may have acted within the piquancy of ignorance and declared the petition for the granting of the ne exeat republic as “empty banalities” and requests the Monrovia City Magisterial Court to reject and revoke said writ.