Criminal Court “A” at the Temple of Justice has partially granted a motion filed by the defense team of Fobay Emery Johnson, a defendant facing multiple felony charges, including armed robbery, attempted murder, and illegal possession and sale of lethal physical objects.
Presiding Resident Circuit Judge, His Honour Roosevelt Z. Willie, issued the ruling on Friday, September 12, during the 28th Day Jury Sitting of the Court’s August Term.
The ruling grants, in part, a Bill of Information requesting a mental evaluation of the defendant to assess his competency to stand trial.
The motion, filed by Cllrs. Jura A. Lynch and Joseph K. Fayia, sought three key reliefs: (1) a determination of Johnson’s mental fitness to face prosecution, (2) a comprehensive psychiatric evaluation, and (3) a temporary compassionate release to allow for the assessment.
The Ministry of Justice, represented by Cllr. Sumo C. Kutu-Akoi and Atty. Mmonbeydo Nadine Joah, objected, arguing that the Bill of Information was procedurally defective and improperly filed before the trial court.
However, Judge Willie ruled that a Bill of Information can indeed be entertained at the trial court level. He cited the Supreme Court’s opinion in Wellington Geevon Smith v. National Elections Commission and Steve Tequah (February 24, 2021), which held that the procedural standards governing such motions at the Supreme Court do not rigidly apply to trial courts and administrative bodies.
“The Supreme Court has held in a litany of opinions that the cause of action in any proceeding is determined from the averments and not the caption,” Judge Willie said, referencing several landmark decisions including Goodridge v. Brown (1949) and Blamo v. Zulu (1983).
Although the Court approved the request for a mental evaluation, it denied the prayer for temporary release, stating that such action would be premature without a formal medical determination of the defendant’s condition.
As part of the ruling, the Court directed its Clerk to communicate with the Edward S. Grant Hospital to conduct a full psychiatric evaluation of Johnson.
The Monrovia Central Prison was also ordered to transport the defendant to the hospital for assessment.
The hospital has until Monday, September 22, 2025, at 2:00 p.m. to submit its report to the Court, after which further decisions on the defendant’s trial will be made.
This development marks a significant moment in the ongoing pre-trial proceedings of a case that has attracted public attention due to the seriousness of the charges and the defendant’s claims of mental health challenges.
The matter has been suspended pending the hospital’s report and further instructions from the Court.
