The Ecowas Court of Justice in Abuja, Nigeria. Credit: Premium Times.
In a hearing at the Ecowas Court of Justice in Abuja, Nigeria, the Liberian government has asked the court to dismiss a $US1.5 million lawsuit accusing it of dereliction of duty by not investigating and prosecuting those responsible for the St. Peter’s Lutheran Church massacre in Monrovia, committed by soldiers of the Armed Forces of Liberia during the country’s first civil war in 1990.
By Anthony Stephens with New Narratives
In their argument to judges of the court Tuesday, lawyers for the government challenged the court’s jurisdiction to hear the suit brought by three survivors on behalf of approximately 16 family members. More than 600 people were killed during the massacre, which brought the world’s attention to the turmoil in the country. The dead included men, women and babies.
The landmark case marks the first time that a Liberian government has been sued over human rights abuses during any of the country’s two civil wars which took place between 1989-2003. The suit is also the first against the government in relation to the massacre.
Cllr. Joel E. Theoway, a government’s lawyer, told the court by video link that the court did not have jurisdiction over human rights matters that happened before the court was established in 1991. He also claimed the parties who brought the suit did not have legal standing to bring the case because he claimed, they had not proven they were related to the victims. The victims’ and survivors’ names have been withheld for their security.
“The victims have indicated that they filed this action in their own name because of their close relation to the deceased,” said Theoway. “Your Honor, there is no record in our file to indicate that they bear any relations to the deceased.”
Cllr. Joel Theoway, a lawyer for the Liberian Government. Credit: Cititrust Liberia.
The Lutheran Church massacre survivors and victims are represented in the case by U.S. justice advocates, Center for Justice and Accountability, the Institute for Human Rights and Development in Africa, U.S. law firm, Debevoise & Plimpton and Liberian based Global Justice and Research Project (GJRP). But Cllr. Theoway singled out the legitimacy of Global Justice and Research Project to file the suit.
He claimed that the registration records GJRP provided to the court did not show that GJRP was registered in Liberia to represent parties in legal actions such as this one.
But Natalie Reid, a lawyer for the victims and survivors and the human rights organizations, rejected the claims. She also questioned why the government was raising issues which had already been answered in previous hearings.
“As the defendant itself acknowledges, GJRP is a registered non-governmental organization in Liberia,” said Reid. “Under the court’s own precedent therefore, GJRP has standing before the court.”
Reid also countered the government’s argument about the court’s lack of jurisdiction to hear the case.
“As cited in our papers, this honorable court has jurisdiction over the applicants’ claim because contrary to the government’s contention, Liberia is in continuing violation of its obligations under international law to investigate and prosecute the atrocities committed during the Lutheran Church massacre,” said Reid. She also rejected the claim that the survivors and victims bringing the case needed to present evidence of their links to the victims.
“There’s no requirement that plaintiffs before this court must have documentary evidence to establish their standing,” Reid said. “While the court looks to supporting evidence, it has repeatedly accepted witness testimonies when that case is brought by survivors or on behalf of deceased family members based on the testimonies from their relatives.”
FrontPage Africa/New Narratives understands that lawyers for the victims and survivors will not file a written argument or response to the government’s contention because they had earlier addressed the issues the government raised in their previous written arguments.
Edward Amoako Asate, the court’s President, said the court would rule on the government’s motion at a later date.
“We will communicate a date to you when the ruling is ready,” said Justice Asate. “And then after that, merits may or may not be taken.”
Moses Thomas— a former commander for the Special Anti-Terrorist Unit (satu), is the only person who has been held to account for the killings, but he was only civilly held liable for the massacre in 2022 by the U.S. District Court for the Eastern District of Pennsylvania and ordered to pay $US84 million, a judgement he has since questioned. Satu was loyal to Samuel Doe, the Liberian President at the time, who was being battled from office by forces of Charles Taylor, an ex-rebel leader who became president himself. Troops from Satu and the Liberian army were accused of committing the mass killings because they claimed the civilians, mainly of the Mano and Gio ethnic groups, who were being housed in the church, a Red Cross shelter, supported Taylor and his forces. Moses Wright, a former Brigadier General of the army and widely considered by many as one of the most important figures in Liberia at the time, is accused of leading the soldiers that day. He is due to be tried for perjury and federal immigration fruad later this year after U.S. prosecutors said he lied about witnessing or odering his troops to commit human rights violations.
This story was produced in collaboration with New Narratives as part of its West Africa Justice Reporting Project.
