–As Prosecution Request To Subpoena Sen. Kangar-Lawrence, Others
Unity Party Political Leader, Joseph Nyumah Boakai, on Tuesday, April 19, failed to appear in court, following two failed attempts by court sheriff to issue his writ of Subpeona.
According to the Sheriff’s report to the court, on Friday, April 15, he proceeded to the Unity Party headquarters to serve the writ of subpeona on the former Vice President, but he was not found.
Similarly on April 16, he again proceeded to the UP’s standard bearer’s home to serve the writ, but was unable to serve it after being informed that he was not at home.
However, defense lawyers of the Alternative National Congress Political Leader, Alexander B. Cummings, and two other defendants in the alleged criminal proceeding of forgery and criminal conspiracy, requested the Monrovia City Court to issue another writ of subpeona to Boakai, accompanied by a writ of contempt for failing to respect the court’s order.
Defense also requested that Boakai be made to appear in court to give reason why he should not be held in contempt.
In the wake of the defense’s request, the prosecution prayed the court for a disposition to be granted Boakai, which will not compel him to come to court, but to remain outside the court and file in his testimony.
This, according to the lead prosecution lawyer, Cllr. Sayma Serynius Cephus, is pursuant to 13.3 to 13.7 of the Civil Procedure Law, which will enable Boakai’s testimony to form a part of the proceeding due to what prosecution termed the sensitive nature to support government’s case and proof of Cummings’ guilt.
The defense further rejected the request, quoting section 14.4 of the Civil Procedure Law, which grants the court the authority to quash, modify or amend a subpeona requested, where it is true that the subpeona is “unreasonable, irresponsible and illegal”.
At the same time, Cllr. Cephus, during Tuesday’s hearing, requested the court to expand the Writ of Subpeona, but to be serve on 17 others: Joseph N. Boakai, Political Leader, UP, specifically to testify to his role, responsibilities and activities, if any, with the CPP, how, when, why and what gave rise to the formation of the CPP, if any; his role before and after the signing ceremony of the CPP framework document, and now, and where, if any, is or are the copies of the May 19, 2020 Framework Document; Isaac Mannah, former Chairman, LUP; Mo Ali, Secretary- General, UP; and Amin Modad, Current National Chairman, UP.
From the Liberty Party (LP) is Senator Nyonblee Karnga-Lawrence, Political Leader, to produce the original copy of the press statement issued in respect of the controversy regarding the CPP Framework Document, original copy of the letter written by the lawyers headed by Cllr. Benedict Sannoh, copies of NAC minutes in which Co-Defendant Alexander B. Cummings confessed to forging and altering the CPP Framework Document, and thereby identify and testify to all and any material evidence that is germane to the case, including the purported framework document that was filed by the ANC on behalf of the CPP; Steve Zargo, former Chairman, LP; Augustine Frederick, Executive Member, to identify and testify to testimony that was given at NEC for the hearing into the complaint of CPP; Jeremy Russell, Executive Member; Senator Darius Dillon, Executive Member; and Wade Powell, Executive Member, to produce and testify to the testimony that was recently given at the NEC during a hearing in respect to the framework document.
From the Alternative National Congress (ANC) is the Standard Bearer, Alexander B. Cummings, to produce and testify to the originals of the resolutions executed by the ALP, UP, LP and the ANC, which were presented to him by Mo Ali regarding the formation of the CPP which ultimately led to the signing of the Framework Document on May 19, 2020; Aloysius Toe, to identify and testify to the resolutions; and Senator Daniel Netaahn, to identify and testify to the receipt of the resolutions by the four constituent political parties.
From the National Elections Commission (NEC) is Ignatius Wesseh, Head of the Political Office, to produce the original of the Framework Document and the letter covering it that were filed by defendants Alexander B. Cummings and Aloysius Toe of the ANC on behalf of the CPP; and Fomba Swaray, Hearing Officer, to produce the current minutes of the testimonies of Augustine Frederick of the Liberty Party (LP) and Mo Ali, Unity Party, in the on-going matter before the commission.
From the Lawyers Group is Cllr. Benedict Sannoh, Head of Legal Advisory Council, CPP, to testify.