The Supreme Court Justice in Chambers Ceaineh D. Clinton-Johnson has issued a writ of prohibition halting all further proceedings by the House of Representatives in the case involving a Chinese national, Michael Shio, and a Liberian, Momo David.
The order, issued on Tuesday, March 11, 2025, directs the leadership of the House, specifically Speaker Richard N. Koon, to attend a conference with Justice Ceaineh D. Clinton-Johnson on Wednesday, March 19, 2025, at 10:30 a.m. at the Temple of Justice in Monrovia.
Justice Clinton-Johnson directive comes in response to a petition filed by Cllr. Jimmy Saah Bombo, representing Shio, who requested that the high court issue a writ of prohibition to prevent the House from continuing its investigation into the matter.
The petitioners argued that the case was already before the court, and therefore, any further legislative actions would constitute an improper interference in judicial proceedings.
The writ instructed the House of Representatives to stay all proceedings in the matter until the outcome of the conference.
Justice Clinton-Johnson’s directive underscores the principle of the sub judice doctrine, which prevents ongoing judicial matters from being discussed or handled outside of the court.
Background of the Case
The case revolves around an incident on January 13, 2025, in which Momo David, a resident of Congo Town area, was allegedly tortured and detained by Michael Shio, a Chinese national.
David had reportedly been caught stealing a solar panel at Shio’s construction site in the Congo Town community.
Security guards at the site, including Emmanuel Nyumah, Andrew Barmoh, and Sunday Sumo, allegedly apprehended David and took him to Shio’s residence, where he was reportedly tortured and burned.
The details of the case, outlined in the petition, reveal a pattern of theft and mob justice in the Congo Town area, with David being assaulted multiple times before the incident on January 13, 2025.
On Sunday, February 13, 2025, Shio and co-defendants were arrested and charged with multiple offenses inflicting bodily wounds on victim Momo David.
The charges include, Criminal Attempt to commit Murder, Aggravated Assault, and Felonious Restrain.
The defendants were remanded at the Monrovia Central Prison, but was later released on the order of the then Justice in Chambers Yamie Quaqua Gbeisay following the filing of a valid criminal appearance bond.
Based on the serious nature of the allegations, the case was initially referred to the Monrovia City Court, which is the court of first instance and later, the First Judicial Circuit Court, Criminal Assizes A, for further action due to lack of subject matter jurisdiction to hear the case.
However, despite the case being before the courts, the House of Representatives summoned Shio to an investigation on March 6, 2025, prompting Shio’s legal team to challenge the legality of the investigation.
The petitioners argue that the House’s actions are unconstitutional, as they violate the separation of powers and the sub judice rule, which prohibits the legislature from interfering with matters pending in the judiciary.
Allegations against LBS Boss Eugene Fahgon
The case also involves accusations against Eugene Fahgon, Director-General of the Liberia Broadcasting System (LBS).
Fahgon, along with others, is accused of fabricating media reports that falsely accused Shio of torturing David.
According to the petition, Fahgon used his platform to publish misleading information on social media, which further inflamed public sentiment against Shio, undermining the integrity of the judicial process.
Fahgon allegedly used his position to make defamatory statements about Shio, including claims that David had been hospitalized after being tortured by Shio, which contradicted official medical records.
Furthermore, Fahgon reportedly used Facebook to broadcast live coverage of the case, further exacerbating the situation and inciting public outrage.
Constitutional Implications
Cllr. Bombo, in his thirty-two (32) counts petition emphasizes the constitutional separation of powers, noting that under the 1986 Constitution of Liberia, the judiciary has exclusive authority over legal matters, and the legislature must not interfere with judicial proceedings.
He argues that the House’s actions violate the principles of separation of powers and sub judice, and they seek a writ of prohibition to prevent the House from continuing with its investigation.
The outcome of the March 19 conference will likely have significant implications for the handling of future cases involving legislative overreach and the application of the sub judice rule.
Many are watching to see as to whether the House of Representative will honor the invitation of the Supreme Court.
