Assigned Circuit Judge for Margibi County, His Honor Roosevelt Z. Willie has warned that criminal cases involving defendants who have remained in prolonged pretrial detention without indictment and trial could be dismissed if prosecutors fail to proceed in accordance with Liberia’s Criminal Procedure Law.
Judge Willie issued the warning Monday, August 10, 2026, during his formal statement as Assigned Circuit Judge of the 13th Judicial Circuit in Margibi County, where he raised serious concerns about overcrowding at the Kakata Central Prison and the prolonged detention of defendants who have yet to be indicted.
The judge said a status report submitted to him by prison authorities shows that the Kakata Central Prison currently houses 197 inmates, despite having a capacity of only 60 inmates.
According to the report, of the 197 inmates at the facility, 63 fall under the jurisdiction of the Circuit Court, while only three of those 63 inmates have been indicted.
The remaining 60 inmates are pretrial detainees who have not been indicted, with some having remained incarcerated for between two and 11 terms of court, Judge Willie disclosed.
He said the situation constitutes a serious concern under Liberia’s Criminal Procedure Law and the 1986 Constitution, particularly the constitutional guarantee of a speedy trial.
“Accordingly and as the Criminal Procedure Law provides, Section 18.2, titled, Dismissal by court for failure to proceed with prosecution, this court is hereby constrained to apply this law, which is also in consonance with The 1986, Constitution of Liberia, Article 21(f), similarly providing for a speedy trial,” Judge Willie declared.
He further warned that prolonged detention without trial constitutes a violation of the fundamental rights of accused persons.
“Moreover, the prolong imprisonment of these detainees is a violation of their fundamental human rights, particularly the International Covenant on Civil and Political Rights (ICCPR), which Liberia signed and ratified on September 22, 2004, specifically Article 14 (3)(C); which provides that, anyone charged with a criminal offense has the right to be tried without undue delay,” he said.
Judge Willie’s concerns over prison overcrowding are not limited to Margibi.
Drawing on his previous experience as Resident Judge of Criminal Court “A” in Montserrado County, he recalled that the Monrovia Central Prison was originally constructed to accommodate approximately 370 inmates in the early 1970s but now houses more than 1,600 prisoners.
He said the overcrowding at the facility previously compelled him to take action against prolonged pretrial detention.
“Accordingly, I was constrained as the Resident Judge of Criminal Court ‘A’ to release pretty close to 100 pre-trial detainees, who had been detained for between six to eight terms of court without being indicted and tried, thereby violating Section 18.2 of the Criminal Procedure Law,” Judge Willie said.
He noted that the cases involved serious charges, including murder, armed robbery and aggravated assault, but emphasized that the dismissals were without prejudice to the State.
The judge said he has now taken steps to understand the situation within Margibi’s correctional system since his assignment to the county.
He disclosed that he held meetings with Judiciary staff and prison authorities and requested a comprehensive status report on the prison, including its capacity, inmate population, lists of pretrial detainees and convicted inmates, as well as information on the age and sex of prisoners.
According to the report submitted to him, the Kakata Central Prison has a capacity of only 60 inmates.
“However, the facility has 197 inmates as of the reading of this Charge,” Judge Willie said.
He said the figures demonstrate the severity of overcrowding and the urgent need for judicial authorities to address cases that have remained unresolved for extended periods.
Beyond the 60 unindicted pretrial detainees at Kakata Central Prison, Judge Willie disclosed that 62 cases remain pending before the Magisterial Courts of Kakata and Salala, dating back to 2024 and 2025.
He said those cases should have been transferred to the Circuit Court because the magistrates do not have jurisdiction over the offenses involved.
Among the cases, according to Judge Willie, are gang rape, armed robbery, manslaughter, burglary and criminal attempt to commit murder.
“We were also informed by the Prison Director of Kakata that this statistics does not include the RIA and Bondiway Magistrate Courts,” he said.
Judge Willie said prison authorities informed him that the Roberts International Airport and Bondiway Magistrate Courts have their own prison facilities, but efforts to obtain reports from those facilities had failed.
He said those facilities nonetheless fall under the jurisdiction of the 13th Judicial Circuit.
In response to the situation, Judge Willie announced plans for an immediate meeting with all magistrates operating within Margibi County.
“In view of this report as herein stated, there will be an immediate meeting between the assigned Judge and all of the Magistrates within Margibi County,” he announced.
He said the purpose of the meeting would be to direct magistrates to forward cases to the Circuit Court whenever the offenses fall outside their legal jurisdiction.
“The purpose of this meeting is to order the Magistrates to forward all cases to the Circuit Court, which they do not have jurisdiction over and to as well discuss other matters in the interest of justice and the Judiciary,” Judge Willie said.
The judge also placed the issue of jury trials and possible interference with jurors at the center of his statement.
He referenced Article 21(h) of the 1986 Constitution of Liberia, which guarantees an accused person the right to be tried by a jury of their peers, subject to the constitutional and statutory framework governing criminal trials.
He also cited Section 12 of the Jury Manual, which provides for the sequestration of jurors.
According to Judge Willie, sequestration is intended to protect jurors from outside influence, including threats, bribery, persuasion or other forms of interference that could compromise their impartiality.
“Although sequestration is rare, publicity surrounding a trial and interested parties may interfere with jurors objectivity; a judge may order that a jury be sequestered in order to prevent others from tampering with members of the jury through undue persuasion, threats, or bribes,” he said.
The issue became particularly relevant following the presentation of two cases for assignment by the prosecution.
The first is Republic of Liberia versus Toni Obi, Henry Ike, et al., involving charges including unlicensed possession of controlled drugs or substances, unlicensed importation of controlled drugs or substances, criminal conspiracy, forgery, misapplication of entrusted property, theft of property, illicit trafficking, and unlicensed possession, sale and distribution of controlled drugs or substances.
Judge Willie said the drug case had been tried during the May Term of Court in 2026 but that the trial jurors had to be disbanded after evidence emerged that they had been tampered with.
The judge said the prosecution also presented an economic sabotage case involving Patrick Tarnue Worzie, former Director General of the Liberia Revenue and Redress Commission (LRRRC), et al.
The charges in that case include fraud on the internal revenue of Liberia, misuse of public money or records, theft and/or illegal expenditure of public money, theft of property, misapplication of entrusted property, criminal conspiracy and tampering with public records.
Judge Willie said both cases require jury trials and emphasized the need for sequestrated jurors to prevent a repeat of what happened during the previous term.
“It is our understanding that this case was being tried during the last Term of court; that is, the May Term AD 2026, but the Trial Jurors had to be disbanded because there was evidence that they were tempered with,” he said.
“We wish to state herein that these cases cannot be tried without a Jury, especially sequestrated Jurors; and in order not to repeat the mistake of last Term, where the drug case was tried without sequestrated Jurors and was tempered with,” Judge Willie added.
He said he had already discussed the matter with the Jury Manager and Court Administrator.
Because the 13th Judicial Circuit does not have a dedicated sequestration facility for jurors, Judge Willie said the Judiciary must arrange alternative accommodation.
“Since there is no sequestration room for the thirteenth (13th) Judicial Circuit of Margibi County, the Judiciary MUST locate a hotel in Kakata and hire caterers for the purpose of sequestrating the Trial Jurors, who are Judges of the facts,” he declared.
Judge Willie said he had received assurances from the Court Administrator regarding the arrangement and subsequently assigned the drug case for Wednesday, August 12, 2026, at 9:00 a.m.
The judge’s warning on prolonged detention comes against the backdrop of his broader call for judicial officers to remain independent and fearless in applying the law.
Speaking on the topic, “Judges Are Called to Be Fearless Only Relying on the Laws and the Facts,” Judge Willie said judges should not allow public opinion, threats or personal considerations to influence their decisions.
“Our job does not call for popularity contest or public glamour,” he said.
He warned that judges will sometimes issue decisions that are unpopular but said their responsibility is to apply the law to the facts before them.
“Let me also inform you if you have not been told before that, some decisions you will take in consonance with the law, many people will not like you for that!” he stated.
“Your only satisfaction should and must be that you applied the laws to the facts accordingly,” he added.
Judge Willie then disclosed that he has personally faced serious threats because of decisions he made while serving on the bench.
“Let me use myself as an example to further inform you that because I applied the laws to the facts in cases I presided over in this Country, five attempts have been made on my life to kill me but it has only taken the grace of God to keep me alive,” he said.
He identified the most recent alleged attempt as having occurred on June 25, 2025, at his residence.
“Notwithstanding these threats to make me twist the facts and the laws, I have not waiver to ensure that the Rule of Law prevails in my part of the corner, where I find myself,” Judge Willie declared.
The judge also reflected on Liberia’s long-standing challenges within the justice system, recalling an International Crisis Group report from April 2006 that identified weaknesses within the justice system as among the factors contributing to Liberia’s civil conflict.
He said the report identified corruption, lack of judicial independence, inadequate numbers of trained lawyers, illiterate magistrates, poor infrastructure and the Judiciary’s lack of financial autonomy as major weaknesses.
The report also identified overcrowded prisons as a significant problem.
Judge Willie said he has personally participated in efforts to address some of those longstanding weaknesses.
He recalled the Magistrates Sitting Program organized in 2008 by magistrates and international partners to help reduce the number of pretrial detainees at the Monrovia Central Prison.
He also referred to a 2009 meeting in Accra, Ghana, aimed at developing a strategic plan for the Liberian Judiciary and establishing financial autonomy for the judicial branch.
According to him, the reforms allowed the Judiciary to develop its own budget for submission through the Ministry of Finance and ultimately to the Legislature, with approved allocations subsequently managed by the Judiciary.
He said the reforms also contributed to increased salaries for trained lawyers and judicial officers, construction of court and judicial facilities, and efforts to replace untrained magistrates with college graduates.
Judge Willie also highlighted the establishment of the James A.A. Pierre Judicial Institute, which was designed to provide training for judicial officers and strengthen their understanding of their roles and responsibilities.
Despite progress since 2008, he said two major problems remain particularly noticeable: corruption and overcrowding in prison facilities.
On corruption, Judge Willie said he could not independently assess the issue because he is himself part of the Judiciary.
“As it relates to corruption and because I myself need to be assessed and or evaluated since I am part of the System, I cannot comment on this but rather leave it with the Liberian people and the International Community to provide a verdict on this matter,” he said.
On overcrowding, however, he said the situation remains directly observable through his current judicial assignment in Margibi and his previous experience in Montserrado.
The judge’s latest intervention places the prosecution and prison authorities on notice that prolonged detention without indictment or trial will face judicial scrutiny.
His warning also signals that the Circuit Court intends to enforce the statutory and constitutional protections governing speedy trials, particularly in cases where prosecutors fail to move forward with proceedings.
As he concluded his statement, Judge Willie assured lawyers, litigants and judicial staff that he intends to maintain a professional working relationship with all parties while insisting that the law remains the ultimate guide for judicial decision-making.
“Finally, I wish to assure all lawyers, party litigants, and judicial staff that we shall exhibit a cordial working relationship so that our time here will be rewarding for us all, the Judiciary, Liberia, and the world at large,” he said.
