Asset Recovery Team’s Authority Questioned: Finda Bundoo’s Lawyers Insist on Judicial Oversight

Kla Marin and the letter from Finda Bundoo's Lawyer

Established by President Joseph N. Boakai, the Assets Recovery and Property Retrieval Task Force (AREPT) is tasked with recovering government assets allegedly misappropriated or stolen. However, legal disputes have marred its operations, including an ongoing standoff involving Madam Nora Finda Bundoo and Mr. Francis Tuain Blamo. The legal team representing Bundoo and Blamo has argued that AREPT's possession of alleged incriminating evidence necessitates a judicial review, rather than an administrative conference, to ensure that their clients' constitutional rights are protected[1][2].

The argument presented by Simpson Consultancy, LLC, on behalf of Bundoo and Blamo, hinges on the principle that individuals have the right to defend themselves against allegations in a judicial setting. This stance is grounded in Article 21 of the Liberian Constitution and relevant provisions of the Criminal Procedure Law, which emphasize the right to a fair trial. By invoking these legal principles, Bundoo and Blamo are exercising their constitutional rights, showing the importance of checks and balances[2][4].

The recent letter from Simpson Consultancy to AREPT Chairman Edwin Kla Martin expresses the legal team's concern over the handling of alleged incriminating evidence. The letter emphasizes that Bundoo and Blamo will not appear before AREPT as requested but instead will submit to the jurisdiction of a court.

Historically, Liberia has faced similar challenges regarding the balance between administrative power and judicial oversight. Previous administrations have grappled with the use of executive orders and the establishment of special task forces, often leading to legal disputes. The creation of AREPT through Executive Order #126 has been challenged for bypassing legislative oversight and potentially undermining the role of existing anti-corruption bodies like the Liberia Anti-Corruption Commission (LACC). Critics argue that such executive actions encroach on legislative powers and violate constitutional provisions, emphasizing the need for a balanced approach to governance that respects the separation of powers[2][3].

The initiative is said to aim at combating corruption and ensuring fiscal transparency, which are paramount. However, these efforts must be pursued in a manner that respects legal frameworks and promotes accountability[4][5].

The confrontation between Simpson Consultancy's clients and AREPT is a defining moment for Liberia's legal system. It shows the necessity of balancing administrative actions with judicial oversight, ensuring the pursuit of justice is vigorous and just, within its legal framework[2][3]. A pressing question arises about the fate of AREPT if individuals or entities refuse to submit to its authority and instead seek redress solely through the courts.

The legal team's argument emphasizes the importance of thoroughly vetted allegations in a court of law. This approach protects individual rights and reinforces the principle that administrative bodies must operate within their legal mandate, subject to judicial oversight. As this case unfolds, monitoring how Liberia navigates this delicate balance will be crucial, with significant implications for the country's governance, economic development, and the rule of law[1][4].

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Additional Sources

[1] Supreme Court Halts Boakai's Assets Recovery Task Force Operations https://allafrica.com/stories/202403290171.html

[2] Liberia: Ex-President Weah's Former Protocol Chief Finda Bundoo ... https://frontpageafricaonline.com/corruption-watch/liberia-ex-president-weahs-former-protocol-chief-finda-bundoo-faces-probe-over-alleged-corruption-scheme/

[3] Supreme Court rules against Gracious Ride, clears AREPT of ... https://liberianinvestigator.com/featured/supreme-court-rules-against-gracious-ride-clears-arept-of-violations/

[4] FINDA BUNDOO SUMMONED OVER ALLEGED CORRUPTION ... https://smartnewsliberia.com/finda-bundoo-summoned-over-alleged-corruption-and-asset-misuse/

[5] Asset Recovery Team Ready To Enforce Mandate …Takes Seize of ... https://thenewsnewspaperonline.com/asset-recovery-team-ready-to-enforce-mandate-takes-seize-of-17-high-profile-cases/

[6] Gov't Asset Recovery Process On Course - The Inquirer Newspaper https://inquirernewspaper.com/govt-asset-recovery-process-on-course/

[7] [PDF] Barriers to Asset Recovery - ISBN: 9780821386606 https://www.unodc.org/documents/corruption/Publications/StAR/StAR_Publication_-_Barriers_to_Asset_Recovery.pdf

[8] [PDF] RECOMMENDATIONS FOR ACCELERATING AND ... https://factipanel.org/docpdfs/FACTI%20BP7_return%20of%20assets.pdf

[9] [PDF] ASSET RECOVERY AND MUTUAL LEGAL ASSISTANCE https://dspace.library.uvic.ca/bitstream/handle/1828/9253/Ch.%2005_April2018_web.pdf?sequence=6&isAllowed=y

[10] Former presidential chief of protocol summoned in assets recovery ... https://liberianinvestigator.com/featured/nora-finda-bundoo-asset-investigation/

[11] Liberia: AREPT Engages Swedish Government In Strengthening ... https://frontpageafricaonline.com/opinion/press-release/liberia-arept-engages-swedish-government-in-strengthening-international-asset-recovery-cooperation/

[12] Liberia: Ex-President Weah's Former Protocol Chief Finda Bundoo ... https://frontpageafricaonline.com/news/liberia-ex-president-weahs-former-protocol-chief-finda-bundoo-faces-probe-over-alleged-corruption-scheme/

[13] “Money Giver” Finda Bundoo Rocked by Corruption Scandal ht