By Frederick A.B. Jayweh, Esq.
A) The Prescribed Law
Particularly under the laws of Liberia, the Crime of Murder is a first degree felony and its punishment is death or life imprisonment. A defendant accused of Murder must be swiftly and independently investigated, indicted, tried, and if found guilty of the Crime of Murder, sentenced to death or life imprisonment by the Courts of Liberia for the intentional taking of the life of another human being. Murder, for all intents and purposes, constitutes an atrocious and heinous offense in the Republic of Liberia and when alleged, an accused or a defendant purported to have committed the Crime of Murder, cannot and should never be summarily discharged. Liberian Code of Laws Revised, Sections 50.5 and 51.3, Volume IV, Title 26, Approved in 1976 and published in 1978. Murder is an appalling offense in Liberia and so, where proof is evident and presumption is great that an accused committed the crime of Murder, he is entitled to no bail and cannot to be discharged prematurely.
Under Section 14.1, Volume IV, Title 26 of the Liberian Code of Laws Revised and Published in 1978, an accused or a defendant is guilty of the Crime of Murder if he:
a)Purposely and knowingly causes the death of another human being;
b) Purposely and knowingly causes the death of another human being under circumstances that manifest extreme and gross indifference to and no appreciation of the value of life, (the value of the life of an unarmed and defenseless Liberian by unlawfully taken that life).
When investigated, indicted, tried, and found guilty of the Crime of Murder, an accused or a defendant may be sentenced to death or life imprisonment. Liberian Code of Laws Revised, Section 14.1, and Liberian Revised Volume IV and Published 1978, Title 26.1
To be tried and convicted for the Crime of Murder in Liberia under the Liberian Code of Laws Revised, Volume IV, Title 26, certain procedural and substantive due process elements of the laws of Liberia relative to the Crime of Murder must be investigated, ascertained, and satisfied. In other words, the evidence to convict the defendant must be clear, corroborative, cogent, probative; and above all else, self-executing. In short, the guilt of defendant (s) must be proved beyond all reasonable doubt. Where there is a doubt, the defendant is entitled to an acquittal. A defendant is guilty of Murder:
a) Purposely if, when he engaged in the conduct of Murder it was his conscious objective to engage in the crime of Murder that caused or resulted into the killing of another human being; whether by the use of firearm or mainly by a blunt object or by other means.
b) Knowingly if, when he engaged in the crime of Murder, he knew or had the firmed belief unaccompanied by reasonable and substantial doubt or the likelihood that his conduct will constitute the Crime of Murder, or the taking of the life of another human being.
c) Recklessly if, when he (the principal actor and accomplices) engaged in the Crime of Murder in a conscious and an unjustifiable disregard of the substantial likelihood that their conduct will result into the taking of the life of another human being; like in this case of the murder of the late Fayah Saah Gbollie, Atty. Michael Allison, Harry A. Greaves and others whose names were never published.
d) Negligently if, when he (the principal actor and the accomplices) engaged in the conduct of Murder, acted with the unreasonable disregard of the substantial likelihood of taking the life of unarmed Liberians by attacking and shooting another human being;
e) Willfully if, when he (the principal actor and the accomplices) engaged in the Crime of Murder knowingly with the disregard of the substantial likelihood that their conduct will result into the taking of the life of an unarmed human being; in this case, iniquitous and senseless murder of Mr. Fayah Saah Gbollie, Atty. Michael Allison and Mr. Harry A, Greaves and others.
f) Culpability: A defendant is culpable and guilty of an offense (Murder), if he/she/they engage in a conduct or the act of Murder purposely, knowingly, recklessly, willfully, and negligently. The political killings of Mr. Fayah Gbollie, Atty. Michael Allison and Harry A. Greaves, Keith Jubah, and others whose names were not published constitutes the Crime of Murder in Liberia.
When the all above procedural and substantive elements of due process of law under the Liberian Code of Laws Revised, Volume IV, Section 2.2, Title 26 are clearly and unequivocally satisfied, for all intents and purposes, the culpability of the defendant (s), in all cases, the principal actor and the accomplices, are established. When there is no doubt, the defendants are guilty of Murder and therefore must be sentenced to death or life consistent with the Laws of Liberia. Murder in Liberia is a heinous crime.
B) The Death of Fayah Gbollie
On February 6, 2013, Front Page Africa reported that at around 11:00 a.m, the Congo town Back Road home of Mr. Fayah Saah Gbollie, a leading opposition political leader was attacked and he was instantly murdered with a blunt object, and his lifeless and disfigured body dragged and dumped outside of his home. Front Page Africa, also reported that the vehicle and some personal belongings of Mr. Gbollie in 2013 were purportedly stolen and taken away. Prior to the investigation and findings of the Ministry of Justice and the Liberian National Police (LNP), the Public Relations officer at the Liberian National Police (LNP) reportedly informed the Liberian people and the world that Mr. Fayah Saah Gbollie was probably murdered by a relative from Guinea who allegedly broke jail in Guinea, fled to Liberia, murdered Mr. Gbollie and fled back Guinea. To date, neither the Ministry of Justice nor the Liberian National Police has investigated and established how and why Mr. Fayiah Saah Gbollie was murdered at his home nor has anyone been arrested and charged and prosecuted. Why did the Liberian National Police report that Mr. Fayah Saah Gbollie was probably murdered by a family member from Guinea and what are the people of Liberia to make of this premature revelation and the alleged cause of death?
C) The Death of Atty. Michael Allison
Front Page Africa and other leading Newspapers in Liberia reported on February 13, 2015, that Atty. Michael Allison, a Liberian Attorney and former Legal Consultant to the Liberian National Legislature was found murdered and his decomposed and mutilated lifeless body was found on the beach in Monrovia and dumped behind the Foreign Affairs Ministry, the home office of President Ellen Johnson Sirleaf, the Head of State and Commander-in-Chief of the Liberia. After leaving the body of the Atty. Michael Allison dumped on the beach for nearly 48hours, the Government of President Sirleaf belatedly came and collected the lifeless body of Atty. Allison. The story ended with the Ministry of Justice of Liberia pronouncing that Atty. Michael Allison died of natural death. Accordingly, the matter was closed and legally concluded. For all intents and purposes, Atty. Michael Allison might have been politically murdered and dashed off. To date, his killers are running the streets of Liberia without any trial and/or punishment.
D) The Death of Harry A. Greaves
Again, Front Page Africa and other credible Liberian Newspapers reported on Sunday, January 31, 2016, that the raped and highly injured body of Mr. Harry A. Greaves was discovered dumped on the beach of Monrovia behind the Ministry of Foreign of Affairs, the home office of President Ellen Johnson Sirleaf. As the story goes, the hotel from which the alleged personal effects of Mr. Greaves were found today remains operational and working, though the RJL Hotel represents (in law and fact) a major crime site. Only God knows whatever happened to Mr. Harry A. Greaves and others politically murdered in Liberia, and who comes next. Will the next victims be the Vice President, Speaker, President Pro Tempt, the Powerful Chairman of Judiciary, the Minister of Defense, Governor of the Central Bank, Dr. Amos C. Sawyer, Dr. Henry Boima Fahnbulleh, and/or Cllr. Charles Walker Brumskine? Who should come next?
i) The National Security
Since Mrs. Ellen Johnson Sirleaf assumed the Presidency, Head of State, and Commander-in-Chief of the Armed Forces of Liberia (AFL), and by extension the Liberian National Police(LNP), National Security Agency (NSA) and other agencies of the Government of Liberia, President Sirleaf has named, appointed and commissioned into the rank and file of the Liberian National Police, National Security Agency, Special Security Service, and other National Security Agencies, some top rebel and warring faction commanders. Many of those commissioned and dressed up in National Security Uniform have had no rehabilitative or curative intervention after the nearly 15years of war in Liberia. Many of these people have not been rehabilitated from their murderous and distinct roles as rebel commanders and wartime criminals. Mainly the former Deputy Director of the Liberian National Police for Operations, and Deputy Director, National Security Agency for Operations in Liberia are former rebel commanders. The names and activities of these infamous and notorious deputy directors for Operations embedded amongst the security agencies of Liberia, remembering their nefarious war history, totally leaves the taste of fear and insecurity in the minds of Liberians approaching the headquarters of Liberian National Police (LNP) and National Security Agency (NSA). What security operations were Mr. Abraham Kromah, former deputy Chief of Staff for ULIMO-K and Adolphus Duo, a frontline commander of the NPFL, now deputy directors in the Liberian National Police and National Security Agency supposed to manage?
ii) Directors for Operations
The separate and joint war history and record of Liberia’s former Deputy Directors of Police for Operations and the National Security Agency leave the least to cherish, appreciate, and respect about the Liberian National Police (LNP) and the National Security Agencies (NSA). Apart from being self-styled generals and commanders in the rebel army of National Patriotic Front of Liberia (NPFL) and the United Liberian Liberation Movement, (ULIMO-K ) and executing fellow Liberians on commands, what lawful security operations are Liberia’s deputy director of Police for operations and deputy director of the National Security Agency capable of effecting without plainly receiving and accepting orders to murder innocent Liberians?
iii) Murder is a Crime in Liberia
Of late after attending two distinct national security meetings, both Liberia’s Minister of National Defense and Director of National Police reliably informed and cautioned two Liberians that on the outcome of a National Security meeting held on the orders of the Commander-in-Chief and the President of Liberia, (Mrs. Ellen Johnson Sirleaf), the two Liberians were at risk and thus, they would do well to flee Liberia. Is this what the Liberian Government designates and describes as national security operations? A defendant guilty of an offense (Murder), if he engages in a conduct or the act of Murder purposely, knowingly, recklessly, willfully, and negligently in taking of the life of another human being.
When the all above procedural and substantive elements of due process of law under the Liberian Code of Laws Revised, Volume IV, Section 2.2, Title 26 are met, Murder is established. The presumed political and suspicious Murder of Mr. Fayah Saah Gbollie, Atty. Michael Allison, Mr. Harry A. Greaves and Keith Jubah, certainly deserves a fair, credible and independent investigation.
To ensure that the deaths of Mr. Fayiah Saah Gbollie, Atty. Michael Allison and lately Mr. Harry A. Greaves are not shielded and result into mere public show and cover-up, we demand that the Government of Liberia immediate put into place the foregoing independent steps and recommendations:
Why are these premature and politically circulated and presumed killings happening in Liberia? Are these suspicious killings designed to challenge and build fear and insecurity in minds of Liberians to remain in foreign parts to give Mrs. Sirleaf and her Government to by fraud and deception transfer power and authority into the hands of her anointed President of Liberia? Do Mrs. Sirleaf and her associates think that Liberia can be and should be remotely managed? Liberia and our people deserve better. Let’s make Liberia better again.
Frederick A. B. Jayweh is an attorney residing in Denver, Colorado, USA.