Koffa, et al: How the Executive Is Weaponizing the Courts

Former Speaker Koffa, et al

Multiple credible sources confirm that Magistrate Ben Barco and the chief clerk of the Monrovia City Court, who are overseeing the Capitol fire probe, were summoned to the Justice Ministry—an act widely interpreted as an attempt to nudge justice off its rails and deliver outcomes tailored to the Boakai administration’s political convenience, rather than upholding the Constitution[1][10][18].

This quiet but aggressive overreach strikes at the very heart of Liberia’s fragile democracy. As investigators feel the heat from above, seven lawmakers sit unlawfully detained at LNP headquarters—none charged, none accused of a capital offense. Yet, they remain held in blatant violation of their constitutional right to bail, ideally on personal recognizance, a standard clearly designed for public officials who pose no flight risk. Among them are Jonathan Fonati Koffa (Grand Kru, former Speaker), Frank Saah Foko (Montserrado 9), Abu B. Kamara (Montserrado 15), Dixon Seboe (Montserrado 16), Priscilla Cooper (Montserrado 5), Marvin Cole (Bong 3), and Jacob Debee (Grand Gedeh 3)[2][4][16][19].

The continued detention of these legislators—without charges and without access to due process—signals a dangerous new era of judicial weaponization. The Constitution says unless charged with a capital or grave offense, every accused person is bailable. Article 21(d) of the Liberian Constitution states, “All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by law”[7][14][17]. Ignoring this standard doesn’t just violate rights—it undermines public trust in the justice system itself.

Moreover, Article 20 of the Constitution guarantees that “no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. Justice shall be done without sale, denial or delay.” The ongoing disregard for these constitutional provisions sets a perilous precedent for Liberia’s democracy.

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Additional Sources

[1] PROSECUTION LINKS CAPITOL BUILDING FIRE TO ... https://smartnewsliberia.com/prosecution-links-capitol-building-fire-to-defendants-as-hearing-begins/

[2] Liberia: Former Speaker Koffa, Six Lawmakers to Reappear for ... https://frontpageafricaonline.com/news/liberia-former-speaker-koffa-six-lawmakers-to-reappear-for-police-questioning-today-in-ongoing-capitol-fire-probe/

[3] Boakai prejudices Capitol fire investigation - The New Dawn Liberia https://thenewdawnliberia.com/boakai-prejudices-capitol-fire-investigation/

[4] Liberia: Seven Lawmakers Summoned by Police Over Capitol ... https://frontpageafricaonline.com/breaking-news/liberia-seven-lawmakers-summoned-by-police-over-capitol-building-arson-investigation/

[5] Tag: Lawmakers Listed As Persons Of interest In Capitol Arson Attack https://thenewsnewspaperonline.com/tag/lawmakers-listed-as-persons-of-interest-in-capitol-arson-attack/

[6] [PDF] Liberia: Human Rights defenders detained incommunicado https://www.amnesty.org/en/wp-content/uploads/2021/06/afr340172002en.pdf

[7] [PDF] Liberian Constitution - World Trade Organization https://www.wto.org/english/thewto_e/acc_e/lbr_e/wtacclbr15_leg_14.pdf

[8] A Critique Of The Supreme Court's Opinion: “In Re - LIBLAW https://liblaw.org/a-critique-of-the-supreme-courts-opinion-in-re-the-unconstitutionality-of-certain-actions-taken-by-some-members-of-the-house-of-representatives/

[9] Liberia: Criminal Procedure Law | Refworld https://www.refworld.org/legal/legislation/natlegbod/1969/en/19479

[10] Liberia: Court Rules in Capitol's Arson Case - allAfrica.com https://allafrica.com/stories/202502260184.html

[11] POLICE SUMMON KOFFA AND SIX LAWMAKERS OVER CAPITOL ... https://smartnewsliberia.com/police-summon-koffa-and-six-lawmakers-over-capitol-arson-probe/

[12] CDC LAWMAKERS FACE POLICE QUESTIONING OVER CAPITOL ... https://smartnewsliberia.com/cdc-lawmakers-face-police-questioning-over-capitol-building-arson-investigation-in-liberia/

[13] [PDF] LIBERIA - Amnesty International https://www.amnesty.org/fr/wp-content/uploads/2021/06/afr340022002en.pdf

[14] Fair trial standards in 'Liberia - Constitution 1986 EN' - CJAD https://cjad.nottingham.ac.uk/en/legislation/660/keyword/310/

[15] Government challenges Judge Nuta's ruling on Capitol fire suspect's ... https://liberianinvestigator.com/news/government-challenges-judge-nutas-ruling-on-capitol-fire-suspects-release/

[16] Koffa, Others Summoned Today In Capitol Arson Probe https://inquirernewspaper.com/koffa-others-summoned-today-in-capitol-arson-probe/

[17] [PDF] Alternative Measures To Incarceration: Comparative Experiences https://www.iaj-uim.org/iuw/it/documenti/liberia_alternative-measures-to-incarceration/?wpdmdl=178738

[18] Court Hears Final Arguments in Capitol Building Arson Case https://verityonlinenews.com/court-hears-final-arguments-in-capitol-building-arson-case/

[19] Liberia: Capitol Fire Probe Reaches New Heights - allAfrica.com https://allafrica.com/stories/202506060178.html

[20] JUDGE DISMISSES DEFENSE'S MOTION IN CAPITOL BUILDING ... https://smartnewsliberia.com/judge-dismisses-defenses-motion-in-capitol-building-arson-case-as-lawyers-seek-supreme-court-review/