The court concluded that the properties offered as surety were genuine and legitimate.
Monrovia – The Monrovia City Court has granted a motion filed by former House Speaker J. Fonati Koffa and three other lawmakers to justify their criminal appearance bond, while denying the prosecution’s exception to the bond.
Magistrate Ben Barco temporarily released the defendants and instructed the clerk of court to forward the case’s minutes to the First Judicial Circuit Criminal Court “A”.
The magistrate noted that his ruling follows a mandate from Judge Roosevelt Z. Willie, Resident Judge of Criminal Court “A”, who ordered the court to resume jurisdiction over the prosecution’s exception to the defendants’ bail.
Delivering his ruling on Thursday, June 26, 2025, Magistrate Barco also addressed the prosecution’s request for the defendants to be rearrested and reincarcerated. He stated that the defense argued there was no legal or factual basis for such a request.
He emphasized that under the Liberian Constitution, an individual accused of a non-capital or non-grave offense, as defined by law, is entitled to bail.
In this case, Magistrate Barco noted, the four defendants are sitting members of the House of Representatives and part of the 55th Legislature of Liberia. He ruled they are eligible for release on their own recognizance, both individually and collectively.
The defendants — J. Fonati Koffa, Dixon W. Seboe, Abu B. Kamara, and Jacob C. Debee — are facing charges including criminal arson, criminal mischief, criminal conspiracy, criminal solicitation, attempted murder, aggravated assault, illegal possession of a firearm, and theft of property.
Magistrate Barco also addressed the prosecution’s contention that the face value of the bond was insufficient to cover the alleged damages. The prosecution had argued that the bond must equal or exceed the value of the property said to have been damaged or destroyed.
However, the defense contended that the prosecution misinterpreted the law and attempted to mislead the court, asserting that a criminal appearance bond is not required to match the full value of the alleged damage.
The prosecution further challenged the sufficiency of the bond filed by the defendants, claiming it was encumbered and inadequate, and failed to meet the legal requirements under Liberian law. It argued that the sureties — Jonda Janet Koffa and Marian Mona Koffa — did not provide photographic evidence or proof of their ownership capacity relative to the properties used as surety.
In response, the defense presented five deeds confirming the ownership of the properties by the sureties, with all documents registered in their names. Magistrate Barco stated that the properties had been appraised and assessed by the Liberia Revenue Authority (LRA) and verified through valid tax clearance documents.
Based on this, the court concluded that the properties offered as surety were genuine and legitimate.
Nonetheless, the prosecution maintained that the bond posted by the defendants, valued at US$441,863.50, was grossly inadequate compared to the alleged US$8.6 million in damages. It argued that the bond should be one and a half times the value of the damaged property — approximately US$13 million.
