–To Provide CPP’s Original Framework Agreement
The Monrovia City Court, presided over by Judge Jomah Jallah, has given the Standard Bearer and Political Leader of the Alternative National Congress (ANC), Alexander B. Cummings, a 72-hour ultimatum to produce two copies of the Collaborating Political Parties’ original signed framework document of May 19, 2020 as of the date of the ruling, which was rendered January 26, 2022.
Cummings and some members of the ANC, including Daniel Naatehn and Aloysius Toe, have been entangled in a court action from the Government of Liberia (GOL), by and thru the All Liberian Party (ALP), for altering a section of the CPP framework document, for which they were sued by the Standard Bearer of the ALP, Benoni Wilfred Urey, for forgery and criminal conspiracy.
On January 18, 2022, prosecution lawyers, headed by the Solicitor General, Cllr. Sayma Serenius Cephus, filed a 10-count written motion for subpoena duces tecum, contending strenuously that the original signed CPP framework document of May 19, 2020 was in the hands of the respondents, and that persistent effort made to obtain it fell on deaf ears, with the defendant ignoring, neglecting and refusing to deliver unto them copies of the document, contrary to their own internal arrangement.
The prosecution proffered to the motion a sworn affidavit, denouncing the alleged alterations, expansions and modifications of specific provisions of the framework document, mainly the sections regarding “good state of health” with emphasis on the physical and mental capacity of the would-be presidential candidate, as well as the question of withdrawal and the nomination of vice presidential candidate which, the prosecution alleged, were recommended in the amended framework document, prepared and produced by the lawyers, but were never deliberated upon and ratified by each of the constituent parties as required before the “purported” CPP Framework Document was filed by the defendant with the National Elections Commission (NEC).
Prosecution lawyers also contended that the filing of the framework document with the NEC was done without the express knowledge, participation and approval of the movant and, therefore, prayed that court grants the motion and thereby mandate, order and instruct the respondent to produce the selfsame document.
However, the defendant lawyers, headed by Cllr. Abrahim Sylla, resisted the motion and prayed that the court deny and dismiss prosecution’s motion for subpoena duces tecum, contending that such a request will amount to self-incrimination and will be in gross violation of Article 21(h) of the 1986 Constitution. They further argued that, by filing the motion, the prosecution was now looking for evidence from the respondent already charged for crimes whose evidence the prosecution must produce beyond all reasonable doubt to convict the respondent and, therefore, the court should deny and dismiss the motion as if it was never filed.
After analyzing the arguments on both sides, the court underscored two salient issues that it considered determinative of the matter: whether or not the CPP Framework Document of May 19, 2020 is a public document; and whether or not a subpoena duces tecum granted under the circumstances requiring the defendants to produce copies of the original signed CPP Framework Document will be considered as incriminating and amounts to the violation of the defendants’ Constitutional rights.
In its final determination, the court said, “Wherefore and in view of the foregoing facts and circumstances, this court therefore holds and submits that the Constitutional privilege against self-incrimination as provided for under Article 21(h) of the 1986 Constitution does not apply to business records, public documents or political contracts that are normally executed in accordance with the parties own rules and regulation as they may deem fit.
“That said, the motion should be and same is hereby granted as a matter of law. The respondents are hereby ordered to bring and produce to this court within 72 hours the two (2) copies of the same original signed framework document of May 19, 2020 as of the date of this ruling. And it is so ordered.”
Judge Jomah Jallah then suspended the matter, pending the issuance of a formal notice of assignment.