Monrovia — Stipendiary Magistrate L. Ben Barco of the Monrovia City Court has ordered former House Speaker Cllr. J. Fonati Koffa and three other lawmakers to justify their $440,000 property surety bond by 9:00 a.m. on Tuesday, June 24, or face potential rearrest.
The directive was issued during a bond hearing on Monday, during which Magistrate Barco warned that failure to justify or render the bond sufficient would lead to its cancellation and the immediate re-arrest of the accused.
Prosecution: Bond Sureties Non-Existent
Prosecutors alleged that the sureties listed on the property bond are non-existent, accusing the defense of deliberately stalling the judicial process.
In response, defense attorneys argued that the prosecution’s objections are now moot and urged the court to dismiss them, asserting that they do not challenge the court’s jurisdiction.
The hearing comes in the wake of a Circuit Court order directing the Monrovia City Court to verify the authenticity and sufficiency of the bond before advancing to preliminary Indictment trial.
Background and Procedural History
On May 16, 2025, a writ of arrest was issued for Koffa and three other lawmakers in connection with an alleged arson attack on the Capitol Building. Following their arrest, defense lawyers posted a $440,000 property bond on June 9 to secure their release from the Monrovia Central Prison.
The prosecution filed an exception to the bond on June 12, invoking provisions under Liberia’s Criminal Procedure Law.
The defense responded with a justification on June 13. However, instead of ruling on the bond exception, Magistrate Barco prematurely transferred the matter to Criminal Court ‘A’, raising procedural concerns.
Judge Willie Intervention
On June 19, Resident Judge Roosevelt Z. Willie of Criminal Court ‘A’ ruled that the exception to the bond had not been properly presented to his court.
He emphasized that procedural missteps at the lower court must be corrected before his court could assume jurisdiction.
“This court will not entertain any hearing that was not properly brought before it,” Judge Willie declared.
He ordered the matter returned to Magistrate Barco for a determination on whether the bond is sufficient or not.
Legal Framework
Under Chapter 63 of the Liberian Civil Procedure Law:
Section 63.3 states that a bond becomes effective upon court approval, once there is prima facie evidence that the sureties or properties offered are qualified and genuine.
Section 63.4 permits waiver of bond by written agreement of both parties, unless otherwise ordered by the court.
Montserrado County Attorney Cllr. Richard Scott emphasized that the prosecution acted within the legally allotted three-day window to file an exception and retains the right to challenge the adequacy of any posted bond.
Next Step
The case now hinges on Magistrate Barco’s upcoming decision. If the defendants fail to justify the bond by the June 24 deadline, they risk being returned to custody.
Legal analysts say Judge Willie’s ruling underscores the critical role of due process and procedural rigor in Liberia’s legal system, particularly in high-profile cases.
