Monrovia-All eyes are on Criminal Court “A” in Monrovia today as Judge Roosevelt Z. Willie is set to deliver a crucial ruling that could make or break the Capitol Arson trial involving J. Fonati Koffa and several others accused in the high-profile attack on Liberia’s Capitol Building.
By Willie N. Tokpah
The ruling centres on a 32-count motion to suppress evidence filed by defence lawyers, who argue that the state’s case is marred by constitutional violations, illegal search and seizure, unauthorised forensic investigations, and alleged acts of torture.
If Judge Willie grants the motion, the prosecution’s case could collapse before reaching a full trial.
However, a denial would allow the controversial case to proceed to open trial, potentially triggering a lengthy courtroom battle with deep political and legal ramifications.
Today’s decision is seen as a critical test of Judge Willie’s judicial independence.
The judge has been widely noted for ruling in favour of the government in high-stakes cases.
His decisions in previous political and criminal trials have often favoured state arguments, prompting scepticism from civil society and opposition figures alike.
Legal observers believe a ruling in favour of the defence could signal a turning point for judicial credibility in Liberia, especially in politically sensitive cases.
Earlier this week, Judge Willie ordered the transfer of all defendants from Kakata Central Prison back to the Monrovia Central Prison, citing their right to counsel and the trial’s jurisdiction in Montserrado County.
He ruled that their detention in Margibi undermined their access to legal representation and ordered the Ministry of Justice to make space in Monrovia’s overcrowded facility, even if it means releasing pretrial detainees eligible for bail.
Defendants Returned from Kakata, Appear in Court
Following Judge Willie’s earlier ruling on jurisdiction and right to counsel, all Capitol Arson defendants previously held at Kakata Central Prison in Margibi County were reportedly transferred back to Monrovia Central Prison as ordered.
On Thursday morning, several of the accused were seen arriving at Criminal Court “A,” confirming their return to the jurisdiction of the trial.
“The trial is in Montserrado County, not Margibi,” Judge Willie emphasised in his earlier ruling.
“The defendants must be within the jurisdiction of the court trying the case.”
He further warned the Ministry of Justice to make space in Monrovia’s central facility, even if it means releasing pretrial detainees eligible for bail, reinforcing his stated commitment to protecting the defendants’ right to legal counsel.
Judge Willie further emphasised that the trial is “not political,” and warned against turning the courtroom into a political battlefield. However, he also invalidated the initial bail bond submitted for the defendants, deeming three of them flight risks.
Defence vs. Prosecution: A Legal Clash
Defence lawyers, including Cllrs. Arthur Johnson and Wilkins Wright argue that the investigation was conducted unlawfully, led by the National Security Agency (NSA) without proper legal authority.
They cited unauthorised surveillance, mishandled evidence, and even torture as grounds for dismissal.
The prosecution, led by Cllr. Richard Scott has pushed back hard, defending the NSA’s role as necessary and authorised.
Scott argues that the evidence was lawfully obtained and that the defence’s motion is merely a stalling tactic.
Today’s ruling will determine whether the case proceeds to a full trial or faces an early dismissal due to evidence suppression.
With public confidence in the judiciary hanging in the balance and political tensions simmering, Judge Willie’s decision could have far-reaching implications for both legal precedent and Liberia’s democratic process.
As the nation watches, one question remains, Will Judge Willie break from tradition and side with the defence, or will he uphold the prosecution’s path to trial once more?
The court convenes at 11:00 a.m.
