Temple of Justice, Monrovia–Resident Circuit Judge Roosevelt Z. Willie of Criminal Court ‘A’ has ordered that a bail exception hearing in the Capitol Building Arson case be re-transferred to the Monrovia City Court, citing procedural missteps by Stipendiary Magistrate L. Ben Barco.
On May 16, 2025, a writ of arrest was issued for former House Speaker Cllr. J. Fonati Koffa and three other lawmakers over their alleged involvement in the arson attack on the Capitol Building.
Following their arrest, defense lawyers filed a property surety bond valued at US$440,000 on June 9, 2025, in a bid to secure their release from the Monrovia Central Prison.
Legal Basis for Bond Approval
Under Liberian law, specifically Chapter 63 of the Civil Procedure Law:
Section 63.3 provides that a bond becomes effective upon court approval, once prima facie evidence shows that the sureties or property offered are qualified and genuine.
Section 63.4 allows for the waiver of bond requirements by written agreement of both parties, unless the court orders otherwise.
Challenge to the Bond
In accordance with these provisions, the prosecution exercised its right under the Criminal Procedure Law and filed an exception to the bond on June 12, 2025, while the case was still under preliminary hearing before Magistrate Barco.
The defense responded with a justification to the exception on June 13.
However, instead of ruling on the exception, Magistrate Barco concluded the preliminary hearing and transferred the matter to Criminal Court ‘A’. This action triggered procedural concerns from both the prosecution team.
Defense and Prosecution Arguments
At the June 19 hearing before Judge Willie, the defense moved to dismiss and quash the exception, arguing that the prosecution had failed to pursue a ruling at the magisterial level.
“The court cannot do for you what you ought to do for yourself,” the defense asserted, contending that the prosecution’s inaction constituted a waiver and that Criminal Court ‘A’ lacked jurisdiction over a matter that remained unresolved at the lower court.
Countering the defense’s motion, Montserrado County Attorney Cllr. Richard Scott maintained that the prosecution acted within the statutory three-day window to challenge the bond.
He stated that the exception was timely filed and that under the law, the prosecution retains the right to assess the sufficiency of any bond posted.
Judge Willie’s Ruling
After reviewing the submissions, Judge Willie concluded that the exception to the bond was not properly before Criminal Court ‘A’, and therefore the court could not entertain it.
“This court will not entertain any hearing that was not properly brought before it,” Judge Willie ruled, stressing the need for adherence to procedural order.
He then ordered that the matter be returned to Magistrate Barco, who must now determine the sufficiency or insufficiency of the bond.
“This clerk is hereby ordered to transfer this matter to Stipendiary Magistrate L. Ben Barco, who shall determine the sufficiency or insufficiency of the bond and report same on or before June 24,” Judge Willie directed.
Next Steps
The ruling effectively resets the bond proceedings in the Capitol Arson case and reassigns responsibility to the Monrovia City Court.
Legal pundits say the decision by Judge Willie reinforces the importance of due process and procedural compliance in high-profile criminal matters.
