Chief Justice Sie-Nyene Yuoh has ordered the Judge of Criminal Court ‘A’ Roosevelt Z. Willie to launch an investigation into the issuance of a controversial writ of search and seizure on the home of former President George M. Weah and the Headquarters of the Congress for Democratic Change (CDC) that triggered a sporadic protest in Monrovia on Thursday, August 22, 2024.
The Search and Seizure writ, which was allegedly issued by the West Point Magisterial Court, is undergoing a probe by Judge Willie for its legality and procedure.
During the investigative hearing on Friday, August 23, 2024 at the Temple of Justice, it was revealed that the search and seizure writ was issued by an assistant clerk from the West Point Magisterial Court without the approval or knowledge of the court’s three magistrates and the city solicitor.
According to legal proceedings, before a writ of search and seizure is issued, there must be an application made by a party requesting for the writ accompany by an affidavit that will be approved by the city solicitor.
But the preliminary findings from the investigative hearing disclosed that there was no application and affidavit filed by the Liberia Drugs Enforcement Agency (LDEA).
The West Point Magisterial Court was represented by its three magistrates, led by the Stipendiary Magistrate Cllr. Jomah S. Jallah.
The magistrates categorically rejected, objected and denied any involvement in or knowledge of the writ, which allegedly targeted former President Weah home, along with the CDC Headquarters in Oldest Congo Town.
During the investigative hearing, the assistant clerk admitted to drafting and signing the writ but claimed that the writ was not authorized insurance.
He alleged that the writ was stolen from his desk by officers of the Liberia Drug Enforcement Agency (LDEA).
The clerk informed the court that LDEA did not meet the legal requirements to obtain such a writ in the absence of the application and the affidavit and the judge approval stamp.
The procedural abnormality surrounding the writ has raised serious public outcries.
According to legal proceedings in Liberia, applications for search and seizure writ must be submitted in court with proper documentation and approval.
The recent situation surrounding the insurance of the search and seizure writ is complicated by allegations that the city solicitor of West Point Magisterial Court Moses Swion, was never informed about the writ’s issuance, despite being responsible for legal oversight in West Point.
The matter was suspended pending the outcome by Chief Justice Yuoh.
Meanwhile, the assistant clerk and the bailiff who accompanied the search and seizure writ were immediately released from custody.
The probe is intended to seek clarity about the chain of events leading to the issuance of the writ and to address any procedural violations which led to the sporadic standoff on Thursday.
