Capitol Hill – The House of Representatives has reversed its decision to summon former 13th Judicial Circuit Court Judge, now assigned to the 11th Judicial Circuit Court, His Honour T. Ciapha Carey, in connection with the ongoing investigation into the much-publicized US$19 million cocaine case.
By Emmanuel Weedee-Conway
The House had earlier voted on Tuesday, July 7, 2026, to invite Judge Carey to explain the legal basis for granting a medical release to prime US$19 million cocaine suspect Michael (Marcus) U.S. Browne, who was being held at Kakata Central Prison in 2024.
Surprisingly, the matter did not appear on the House’s plenary agenda on Thursday, July 9, raising huge concerns among media practitioners and CSOs observers, who had trooped in the main chambers to observe the day’s proceedings.
Several lawmakers including Representatives Moima Briggs-Mensah of Bong County Electoral District 6, and Anthony Williams of Maryland County Electoral District 2, raised the issue but the Speaker Richard Nagbe Koon relying on ‘Article 73,’ – a constitutional safeguards that protect members of the judiciary.
Article 73 of the 1986 Liberian Constitution states, “No judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and judicial acts done in the course of a trial in open court or in chambers, except for treason or other felonies, misdemeanor or breach of the peace. Statements made and acts done by such officials in the course of a judicial proceeding shall be privileged, and, subject to the above qualification, no such statement made or acts done shall be admissible into evidence against them at any trial or proceeding.”
In short, this provision of the organic law guarantees judicial independence and shields judges from being summoned, arrested, detained, prosecuted, or tried for opinions, statements, or acts performed in the discharge of their official duties, except in cases involving treason, other felonies, misdemeanors, or breaches of the peace.
Earlier decision to invite Judge Carey was triggered by a communication from Bong County District 2 Representative James Kolleh, who questioned whether the release complied with due process and applicable laws.
In his communication, Kolleh also requested that the House summon the Attorney General and Minister of Justice, the Superintendent of the Margibi County Prison, and other officials directly involved in the matter to provide explanations regarding the circumstances surrounding Browne’s release.
However, when the matter was revisited on Thursday, Speaker Richard Nagbe Koon and Representative Kolleh informed Plenary that the Legislature could not proceed with summoning Judge Carey because doing so would violate the constitutional protections guaranteed to judicial officers under Article 73.
Following the clarification, lawmakers unanimously agreed to suspend the planned appearance of Judge Carey before the House.
The House also put on hold the appearance of the other officials initially expected to testify, pending further action on the matter.
Despite suspending the summons, lawmakers indicated that their interest in the high-profile cocaine investigation remains active. Members of the House disclosed that they are currently gathering evidence and relevant information to formally communicate their concerns to the Chief Justice of the Supreme Court of Liberia, who has constitutional and administrative oversight over members of the judiciary.
According to lawmakers, any inquiry or disciplinary process involving Judge Carey would be pursued through the Office of the Chief Justice, in keeping with the constitutional separation of powers and judicial independence.