Home » INCARCERATION WITHOUT TRIAL – A Dangerous Precedence Threatening Liberia’s Democracy

INCARCERATION WITHOUT TRIAL – A Dangerous Precedence Threatening Liberia’s Democracy

A DISTURBING TREND is taking root in Liberia, and it risks undermining the very pillars upon which our democracy stands. Under President Joseph Boakai’s new administration, a wave of politically sensitive arrests — conducted without full adherence to due process — is casting a long shadow over his much-celebrated  ARREST agenda. 

THESE DEVELOPMENTS RAISE serious concerns about selective justice, the erosion of the rule of law, and the growing perception that Liberia’s legal institutions are being weaponized for political ends.

AT THE CENTER of this concern is a string of high-profile incarcerations, all unfolding under the public gaze — yet cloaked in troubling opacity. Former Foreign Affairs Minister Dee-Maxwell Saah Kemayah, former General Services Agency (GSA) Director-General Mary T. Broh, former Deputy Foreign Minister Thelma Duncan Sawyer, and former Executive Director of the National Disaster Management Agency (NDMA) Henry O. Williams, along with three senior NDMA officials, were Thursday detained for more than three hours at the Monrovia Central Prison. 

THEIR ARREST AND detention stem from allegations that they misappropriated 29,412 bags of rice — valued at over US$425,000 — donated by the King Salman Humanitarian Aid and Relief Centre in 2023 for disaster victims across Liberia.

ACCORDING TO THE Boakai administration’s Special Presidential Taskforce on Assets Recovery, the rice — intended for Liberia’s most vulnerable communities affected by fires, floods, and other calamities — was allegedly diverted for personal and political benefit. A forensic audit conducted by the General Auditing Commission (GAC) forms the backbone of the charges, which include theft of property, economic sabotage, criminal conspiracy, and misuse of public office.

WHILE CORRUPTION MUST never be tolerated, the way this case has been handled raises deeply troubling questions.

MULTIPLE CREDIBLE REPORTS indicate that the arrest of these officials was executed in a manner that bypassed judicial procedure. The presiding judge of Criminal Court “C” reportedly had not signed the jail commitment order at the time the accused were transported to the Monrovia Central Prison. 

LEGAL TEAMS — LED by respected figures such as former Associate Justice Kabineh Ja’neh and veteran human rights advocate Cllr. Pearl Brown Bull — were denied access to their clients for hours, in direct violation of the detainees’ constitutional rights. Even Senator Edwin Melvin Snowe of Bomi County, who accompanied the legal team, was rebuffed at the prison gate.

THIS PROCEDURAL BREACH is not just a technicality — it strikes at the heart of due process. The idea that Liberians, no matter their political affiliations or past service, can be imprisoned before trial and without full judicial authorization should alarm every citizen. The law must not only be enforced — it must be seen to be enforced fairly, transparently, and consistently.

BUT THE RICE misappropriation scandal is not the only test of Liberia’s commitment to justice. Equally unsettling is the handling of the Capitol Building arson investigation — a case that has spiraled into a political and legal crisis with far-reaching implications.

IN JANUARY 2025, PARTS of Liberia’s Capitol Building — a symbol of national democracy — were set ablaze. Initially treated as a straightforward act of arson, the investigation quickly took a political turn. Former House Speaker Cllr. J. Fonati Koffa and others were named as suspects. 

THE STATE FILED a motion to quash their criminal appearance bonds, arguing that they did not reflect the severity of the crime. But the Monrovia City Court ruled against the government, stating the bond met legal standards — a small but significant legal victory for the accused.

BEFORE THEN WAS a troubling series of statements and reversals from Liberia National Police Inspector General Gregory Coleman. At first, he told the public that the arrests were based on careful intelligence gathering. Days later, that narrative shifted — the arrests were now attributed to voluntary confessions and witness cooperation. 

THE PUBLIC was left confused. No evidence has been publicly disclosed, no process clarified. Questions about how these confessions were obtained — whether through intimidation, inducement, or force — remain unanswered.

EVEN MORE disturbing are allegations from suspects that they were subjected to physical abuse, psychological intimidation, and even bribery attempts by state agents to coerce them into implicating political figures. Some detainees have claimed they were beaten, held without charge for unlawful periods, and denied access to lawyers. These are not idle claims. If true, they paint a damning portrait of a police force operating outside the boundaries of law — with impunity and perhaps under political instruction.

ONE OF the most alarming developments is the reported disappearance of Christian Koffa, who was said to have been in police custody but has since vanished without trace. His fate is unknown. If confirmed, this would constitute an enforced disappearance — a gross violation of both Liberian and international law. 

THE AFRICAN Charter on Human and Peoples’ Rights, along with the International Covenant on Civil and Political Rights (ICCPR), strictly prohibits such acts. Liberia, as a signatory, is now standing on the edge of international condemnation if this case is not resolved with full transparency and accountability.

IN THE face of such developments, it becomes increasingly difficult to separate justice from politics. The perception — and perhaps the reality — is that Liberia is slipping into a dangerous era of selective enforcement, where the accused are not tried in court, but in the media, in political backrooms, or at the hands of overzealous law enforcement officers.

PRESIDENT BOAKAI’S ARREST agenda — which stands for Assets Recovery, Restitution, Security, and Transparency — was meant to restore integrity to public life. But justice cannot be pursued in a vacuum. Justice requires process. It demands fairness, equality before the law, and the presumption of innocence. It cannot be administered by coercion, shortcuts, or political vendetta.

IF PRESIDENT Boakai is serious about rebuilding public trust, then he must act immediately to restore credibility to the justice system. That begins with the appointment of an independent special prosecutor to investigate the Capitol arson case — not just the suspects, but the conduct of the Liberia National Police, the Ministry of Justice, and any other government actors involved in the investigation. This prosecutor must be granted full autonomy and protected from political interference.

ADDITIONALLY, the government must review the circumstances under which the rice scandal suspects were jailed. Were legal procedures followed? Was the judge’s order in place before the transfer to prison? Were defense lawyers given proper access? These are not procedural formalities — they are constitutional guarantees.

THE COSTS of inaction are high. The rule of law in Liberia is hanging in the balance. Citizens already distrust official narratives. Now, they fear that the very institutions meant to uphold justice are being used to settle scores and suppress dissent. The scars of past impunity — from warlordism to elite corruption — still linger. We cannot afford to deepen those wounds.

LIBERIA HAS come too far to turn back. Our democracy is young, imperfect, and fragile — but it must be defended, especially in moments like this. The integrity of our institutions must be non-negotiable. The dignity of our citizens must never be secondary to politics.

JUSTICE MUST not only be done — it must be seen to be done. That is the only way to protect our democracy from decay, restore confidence in our institutions, and show the world that Liberia is committed to the rule of law.

THIS is not merely a test of leadership. It is a test of national character. Let Liberia not fail it.