A high-profile criminal trial opened Tuesday, September 2, 2025, in the First Judicial Circuit, Criminal Court “A” at the Temple of Justice in Monrovia, as 14 defendants, including prominent political figure Hon. J. Fonati Koffa, appeared in connection with charges ranging from arson, criminal conspiracy, criminal solicitation, attempted murder, to illegal possession of firearms and recklessly endangering life.
Resident Circuit Judge Roosevelt Z. Willie presided over the 19th Day Jury Sitting of the August Term of Court was His Honour, Resident Circuit Judge, who formally opened the day’s proceedings after a brief delay awaiting his arrival in open court.
Defense Raises Serious Legal Concerns
Defense lawyers made two major submissions before the court.
The first addressed what they described as the unsafe and prejudicial detention conditions of the accused, which are currently being transported at night between Kakata, Margibi County, and Monrovia.
Defense requested that the Court order the Ministry of Justice to return the Defendants to the Monrovia Central Prison to ensure their safety and facilitate access by legal counsel.
The second submission, however, formed the core of the defense’s strategy: a motion to suppress the Prosecution’s discovery evidence.
The defense argued that key evidence; specifically phone extraction data, video footage, GPS logs and communication metadata, were obtained unlawfully by the National Security Agency (NSA) in violation of Liberia’s Criminal Procedure Law, constitutional protections, and Supreme Court precedent.
NSA’s Role Under Scrutiny
According to the defense team, the search and seizure that led to the collection of this evidence was carried out without proper judicial authorization, lacked affidavits, failed to identify specific items or owners, and was executed by the NSA, an agency whose statutory authority does not extend to criminal investigations like arson or attempted murder.
Quoting the 2011 National Security Reform and Intelligence Act, as well as the Supreme Court’s 2009 ruling in Cece Natif Gbaplay v. Republic of Liberia, defense lawyers asserted that the NSA’s involvement in criminal investigations was ultra vires, outside its legal mandate.
“Any evidence collected through these illegal means is tainted,” said Cllr. Arthur T. Johnson, lead counsel for the Defense. “Under the exclusionary rule, such evidence must be suppressed.”
Allegations of Torture and Rights Violations
Perhaps most disturbing were allegations of human rights abuses by state agents during the investigation.
Defense lawyers told the Court that several defendants were tortured, stripped naked, waterboarded, and sodomized while in NSA custody to force confessions.
“These actions are not only unconstitutional and illegal, they are inhumane and barbaric,” said Defense counsel, calling on the Court to suppress all alleged confessions and voluntary statements made under duress.
The Defense further alleged that a white NSA pickup truck, license plate A613015, was used to abduct the accused, naming Louis Jayjay, Assistant NSA Director for Cyber Security, as the individual believed to have conducted the illegal phone extractions.
Prosecution Pushes Back
The Prosecution team, led by Cllr. Richard J. Scott, Jr., County Attorney for Montserrado vigorously resisted the motion.
Prosecutors argued that all evidence was obtained in line with Liberian law, and that the NSA acted within the scope of its authority in response to threats to national security.
They dismissed the Defense’s motion as a “deliberate ploy to delay trial and discredit the integrity of the investigation.”
The Prosecution also emphasized that the magnitude of the crimes warranted coordinated efforts by multiple security agencies.
However, Judge Willie reserved ruling in the matter motions.
Meanwhile, the ruling is expected to be delivered on September 4, 2025, at 11:45 a.m. at the grounds of the Temple of Justice.
Legal observers say the court’s decision could have far-reaching implications for both this trial and future law enforcement practices in Liberia, particularly regarding the use of intelligence agencies in criminal cases.
Court proceedings are expected to continue later this week.
