fbpx
Home » Liberia: Government Petitions Supreme Court for Writ of Prohibition in Habeas Corpus Case

Liberia: Government Petitions Supreme Court for Writ of Prohibition in Habeas Corpus Case

by lnn

Monrovia-The Liberian government, through the Ministry of Justice, has petitioned Justice-in-Chambers Yamie Quiqui Gbeisay for a Writ of Prohibition to counter a recent Writ of Habeas Corpus issued by Criminal Court B, presided over by Judge Koiboi Nuta.

By Willie N. Tokpah/0777039231

The case centers on Thomas Etheridge, a Brewerville President, who accused the joint security of unlawful detention and torture.

Etheridge was arrested on December 18, 2024, near the Capitol Building and held in custody until January 10, 2025, without formal charges, a violation of the constitutionally mandated 48-hour period for detention without charge.

In his recent ruling, Judge Nuta ordered Etheridge’s release into the custody of “guarantors” for medical examination, citing concerns over allegations of torture.

However, the Ministry of Justice contends that the decision undermines national security, as Etheridge remains under investigation for his alleged involvement in a fire incident at the Capitol Building.

The Ministry of Justice argues that Judge Nuta’s ruling overstepped the bounds of habeas corpus proceedings, claiming that the judge acted outside his jurisdiction by assigning Etheridge to guarantors without their neutrality being established and ignoring the flight risk posed by the respondent.

The petition also highlights the security implications of Etheridge’s release, given the ongoing investigation into the Capitol Building fire, which the government has described as a national security matter.

Etheridge’s legal team, led by Cllr. Jonathan T. Massaquoi of the International Law Group jas maintained, that his client’s detention is unconstitutional.

He cites violations of Articles 20(a), 21(e), and 21(f) of the Liberian Constitution, which guarantee personal liberty, prohibit torture, and mandate timely judicial proceedings for detained individuals.

Cllr. Massaquoi further alleged that Etheridge was subjected to inhumane treatment and coerced into providing false statements during his detention.

The Writ of Habeas Corpus filed on January 10 demanded Etheridge’s immediate release and a restoration of his constitutional rights.

It is now left with Justice Gbeisay to decide whether to issue the Writ of Prohibition sought by the government, effectively suspending Judge Nuta’s ruling.

You may also like

Leave a Comment

Lnn

Copyright @2022 Liberia News Network - All Rights Reserved.

Facebook Twitter Youtube