The First Judicial Circuit Court, Criminal Court “C”, Temple of Justice, has issued a writ of habeas corpus against the Mayor of the City of Monrovia, Jefferson Tamba Koijee, and all agents acting under his authority for allegedly beating Benjamin Kin and members of his family and detaining them at the Monrovia City Corporation.
The writ instructed Mayor Koijee and all those acting under his authority to produce the living body of Benjamin Kin before the court on Friday, May 28, 2021, 3:00 p.m. to show reason, if any, why the petitioner’s petition for habeas corpus should not be granted for detaining the petitioner since May 24, 2021 for more than 48 hours, contrary to the Constitution of Liberia.
The return of the Sheriff, according to court document, indicated that the writ of habeas corpus was served on the authority of the Monrovia City Corporation on Friday, May 28, 2021, and that the respondent released the petitioner as ordered but failed and neglected to appear at the call of the habeas corpus proceedings.
In the petitioner’s petition to the court for a writ of habeas corpus, Benjamin Kin, through his mother, Wonder Prempeh, explained that Kin (petitioner) was arrested on Monday, May 24, 2021 and detained at the Monrovia City Corporation by a City Police Officer, Michael Higray.
The petitioner said that he was accused by officer Higray of insulting him, and that while he and the officer were talking one thing to another, the officer engaged him into a fistfight, but knowing that Higray was an officer he ran into his house. However, the petitioner said, officer Higray chased him into the house and started beating him in front of his mother, Prempeh, and other relatives.
According to the petition, when Kin’s mother tried begging officer Higray to stop beating her son, the officer left him and turned to her—beating her and her children, including other relatives who tried to stop him.
During the tussle, Higray got injured and accused the petitioner (Kin) of stabbing him, and consequently arrested about six persons, including Kin and his mother and incarcerated them at the Monrovia City Corporation.
However, officer Higray released the petitioner’s mother, Prempeh, and other relatives after they paid L$10,000 as reimbursement for his medical treatment and L$6,000 for transportation cost made during the arrest, but refused to release Kin (petitioner) on ground that he should pay US$50 before he can be released.
Meanwhile, the petitioner has prayed that the court grants his petition and order the respondents, Mayor Koijee and all officers involved, to immediately release the petitioner from further detention and grant unto the petitioner all other relief deemed just, legal and equitable.
The case was expected to be heard on Friday, May 28, 2021; however, the respondents failed to appear in court, without any excuse justifying their inability to appear for the hearing that Friday afternoon.
According to the court, it is under legal obligation to accord the respondent a due process of the law; as such, it deferred the hearing of the proceeding to today, Tuesday, June 1, 2021, at 2:00 p.m.
The court also ordered the sheriff to take custody of the petitioner, pending the hearing and determination of the habeas corpus proceeding on June 1, 2021.