Monrovia, Liberia – The Monrovia City Court Stipendiary Magistrate L. Ben Barco, has ruled in favor of former Speaker of the House of Representatives, Cllr. J. Fonati Koffa, and three other sitting lawmakers, Dixon W. Seboe, Abu B. Kamara, and Jacob C. Debee, granting their motion to justify a criminal appearance bond and rejecting the prosecution’s attempt to have them rearrested and incarcerated.
The lawmakers stand accused of a series of grave offenses including arson, criminal mischief, criminal conspiracy, criminal solicitation, attempted murder, aggravated assault, illegal possession of firearms, reckless endangerment, and theft of property.
The charges stem from alleged actions resulting in damage estimated at USD $8.6 million.
Despite these serious accusations, the court found that the bond posted by the defendants, backed by properties owned by Jonda Janet Koffa and Marjan Mona Koffa, met the legal standards required under Liberian law.
Absence of Defendants Excused
During the ruling, only Cllr. Koffa appeared in court, as the other three lawmakers were attending a regular session of the National Legislature.
The defense requested the court’s indulgence to excuse their absence, which the prosecution did not oppose, citing provisions of the Criminal Procedure Law that allow brief voluntary absence when not detrimental to the prosecution’s case.
Prosecution’s Objection Dismissed
The prosecution had filed an exception to the defendants’ bail bond, arguing that the properties offered as surety were insufficient, encumbered, and lacked credible documentation.
They contended that the bond’s declared value, USD $441,863.50, was grossly inadequate when compared to the damages alleged and demanded that the bond value be increased to USD $13 million.
The state further argued that the sureties could be conduits for concealing illicit wealth, and requested the court to reject the bond, set it aside, and order the defendants’ immediate rearrest.
However, the court dismissed these objections, citing constitutional provisions and precedents that define the purpose of bail as a guarantee of court appearance, not indemnity for damages.
Magistrate Barco emphasized that under Article 21(d) of the Constitution, bail must not be excessive, and accused persons not charged with capital or grave offenses are entitled to release, potentially even on personal recognizance.
Bond Deemed Sufficient
In justifying the bond, the defense submitted deeds, tax clearance certificates, and a detailed property appraisal conducted by the Liberia Revenue Authority (LRA). Witness testimony from surety Jonda Janet Koffa, who affirmed joint ownership with her sister Marjan Mona Koffa, further supported Procedure the claim.
The court found that the sureties have the legal criteria outlined in Chapter 63.3 of the Civil Law.
Magistrate Barco ruled that the bond is legitimate, sufficient, and in compliance with the law.
He emphasized that the purpose of the appearance bond is to ensure the defendants appear in court and, if convicted, submit to sentencing, not to provide restitution for alleged damages.
Temporary Release Granted
The court formally denied the prosecution’s exception and granted the defense’s motion to justify the surety.
The four lawmakers are therefore temporarily released from custody, pending further proceedings.
The court has ordered that its ruling be communicated to the First Judicial Circuit, Criminal Court “A”, where the substantive case will continue under the jurisdiction of Resident Judge Roosevelt Z. Willie.
