| Summary of the Case |
Criminal Court “C” dismissed the indictment against National Elections Commission Chairperson Davietta Browne Lassanah, without prejudice to the state. This means the state has the right to re-indicte her, despite Judge Ciapha Carey’s ruling.
Madam Lassanah was indicted by the state, through the Ministry of Justice in collaboration with the Liberia Anti-Corruption Commission on allegations of predicate offense for Money Laundering (Insider Trading and Market Manipulation and violation of the Code of Conduct (Conflict of interest and disclosure of interest).
However, Defendant Lassanah through her legal team filed a Motion to dismiss the indictment on the basis that Criminal Court “C” lacks jurisdiction over the thing involved, and cannot also sue in the Liberia Anti-Corruption Commission.
On the issue of legal capacity to sue, the defense contended that the Liberia Anti-Corruption Commission did not and does not have original jurisdiction to investigate and prosecute alleged violations of the Code of Conduct, but rather, the Act or Legislation enacting the Code of Conduct, which provides that an established Ombudsman Office as an author to receive and investigate all complaints of acts of violation of the Code of Conduct, stressing that only after the investigation marking the finding, that the act of accused is in breach of the Code of Conduct.
In resistance, the prosecution contended that the Court has jurisdiction over the subject matter and that the Anti-Corruption Commission has the legal capacity to sue out the action. However, the prosecution admitted to the question of the capacity to sue in the Liberia Anti-Corruption Commission, that the Ombudsman is not yet operationalized, but contended that in the absence of the Ombudsman, the Liberia Anti-Corruption Commission on its own can undertake to investigate violations of the Code of Conduct and other acts of corruption.
But in his ruling, following both teams’ argument, Judge Carey noted that the court holds and finds that the court lack jurisdiction over the subject matter of the case and elements involved and the person of defendant Lassanah. Judge Carey further stated in his ruling that the Liberia Anti-Corruption Commission lacked the legal capacity to take unto itself the function of the Ombudsman in assuming original jurisdiction to investigate alleged violations of the Code of Conduct.
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