—— Justice Plays down Torture Concerns in Arson Trial
Defense counsels had continued their push for a tougher explanation into claims of torture committed by government operatives during the incarceration of suspects in the aftermath of the Arson attack on the Capitol building on December 18, 2024, however, prosecution resisted repeatedly defense motion to dive into the Maris and Damaris of the proven torture against the suspects.
At the height of the resistance by prosecution Lawyers even in the wake of proven medical reports establishing torture against the suspects, defense quickly move to file a petition for certiorari to examine the Maris of the medical reports from AMI Hospital confirming that several of the defendants were physically tortured consistent with claims of torture made in court.
In all this, Justice-in-Chamber, Jamesetta H. Wolokolie declined to issue an alternative writ of certiorari involving former House Speaker J. Fonati Koffa and 14 others, a decision that has sent shockwaves through legal and human rights communities.
The ruling, handed down by Justice Wolokolie, effectively lifts a prior stay on the proceedings and orders Judge Roosevelt Z. Willie of Criminal Court “A” to resume jurisdiction.
Liberia became a party to the Optional Protocol to the Convention Against Torture (OPCAT) on September 22, 2004. the same date it ratified the parent Convention Against Torture. Under the Optional Protocol to the Convention Against Torture (OPCAT), dedicated to abolishing torture by the United Nations Convention Against Torture (UNCAT), requires all countries including Liberia, to take measures to prevent, criminalize, and prosecute torture.
The prohibition against torture is absolute and cannot be justified by exceptional circumstances or superior orders. States must establish jurisdiction over acts of torture and either prosecute alleged torturers present in their territory or extradite them. The convention also prohibits returning individuals to countries where they face a risk of torture and ensures that torture-obtained evidence is not used in legal proceedings, except against the accused torturer. Additionally, states must provide victims with redress and rehabilitation, include torture prevention in training, and regularly review interrogation practices.
Optional Protocol to the Convention Against Torture (OPCAT)
OPCAT focuses on preventing torture through a system of visits to places of detention. States ratifying OPCAT must establish independent National Preventive Mechanisms (NPMs) for regular visits and allow unrestricted access to the UN Subcommittee on Prevention of Torture (SPT). They are required to cooperate with these monitoring bodies, examine their recommendations, and protect individuals who provide information. The definition of “deprivation of liberty” under OPCAT is broad, encompassing various facilities beyond traditional prisons
On September 25, 2025, Criminal Court “A” at the Temple of Justice denied a motion filed by defense lawyers seeking to suppress key evidence in the Capitol Building arson trial, where more than a dozen defendants are facing multiple criminal charges in connection with the December 18, 2024 Capitol Building fire incident.
Presiding Judge Roosevelt Z. Willie ruled that the evidence presented by the prosecution remain admissible, dismissing defense claims that it was obtained through illegal procedures and human rights violations.
Defense lawyers argued that the prosecution’s evidence should be excluded because the search and seizure process was flawed, lacking affidavits, specific names of persons to be searched, and an inventory of items collected.
They also alleged that statements obtained from the defendants by the Liberia National Police (LNP) were extracted through torture.
In response, prosecutors insisted that the claims were baseless, stressing that most of the evidence was digital and could not have been obtained through physical coercion.
“The allegation of torture is not only unfounded but intended to appeal to external sensitivities beyond this court,” Judge Willie noted, citing the prosecution’s argument.
The court further emphasized that the issue of alleged torture had already been raised during preliminary hearings and resolved. However, Judge Willie added that the medical reports provided to the court did not support the defense’s claims.
A medical examination conducted by Dr. Philips Zichinis Ireland of AMI Expeditionary Healthcare revealed that all defendants denied being sodomy but suffered Torture.
The report noted that defendants withdrew consent for genital and anal examinations, however, all medical evidence supported Torture as claimed by the defendants.
In fact, during court proceedings, the defendants themselves admitted they had not been sodomized contradicting public speculations.
“Based upon the medical reports, the facts, and the law cited herein, it is the honest view of this court that the evidence should be passed unto the trial jurors, who are clothed with the legal authority to determine the genuineness of the allegations,” Judge Willie ruled.
At the same time, the court reminded prosecutors of their obligation under Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR) to ensure that all persons deprived of their liberty are treated with humanity and respect for their dignity.
The defendants, including Representative J. Fonati Koffa, Dixon Seboe, Abu Kamara, Jacob Debbie, Christian Koffa, John Nyanti, Stephen Broh, Eric Susay, Kivi Bah (alias Kaba), Jerry Pokai (alias Tyrese), Thomas Etheridge, Gabriel Fansieh, Patience Bestman, Harrilyn, and Grace Johnson, face charges of arson, criminal mischief, conspiracy, solicitation, attempted murder, illegal possession of firearms, reckless endangerment, and distribution of force.
They are accused of orchestrating the blaze that gutted sections of the Capitol Building late last year.
With the motion to suppress denied, Judge Willie ordered the case proceed to trial, which has been assigned for hearing.
Minutes into Judge Willies rulling, Kivi Bah, a defendant in the high-profile Capitol Arson case, fainted in open court, leaving court officials and spectators startled.
The motion, filed by defense lawyers representing several defendants, seeks to exclude certain evidence they argue was obtained illegally or is irrelevant to the charges. Defense attorneys have now urgently requested Bah’s release, citing the need for immediate medical attention following the courtroom collapse.
Presiding over the case, Resident Circuit Judge Roosevelt Z. Willie is expected to issue a ruling on the 32-count motion that has become a central focus of the trial. The case involves more than a dozen defendants, including J. Fonati Kofa, Dixon W. Seboe, Jacob C. Debbie, Jerry Pokah (alias Tyrese), Stephen M. Broh, John Nyanti, Patience Bestman, Grace Johnson, Abu Kamara, Christian Kofa, Eric Susay, Thomas Isaac, and Etheridge, among others yet to be identified.
Following the ruling by Judge Willies’s, former House Speaker Cllr. J. Fonati Koffa sharply dismissed the strength of the prosecution’s case.
Speaking to journalists shortly after the ruling, Koffa questioned whether prosecutors had gathered any credible material to link him and the other defendants to the December 18, 2024, blaze that gutted the Capitol Building.
“Let me comment again on the evidence because I’ve heard some lawyers talking about overwhelming evidence. Do you have eyewitnesses? No. Do you have a camera to show who lit the fire? No. Do you know who lit the fire? No. Do you have forensic evidence, fingerprint, footprint, hair fibers, and what have you, to prove your case? No. What you have is a bunch of follow-ups and a bunch of recordings, and that will not be sufficient to sustain a guilty verdict. They have nothing,” Koffa said.
He insisted that while the prosecution has repeatedly claimed to possess strong evidence, the reality shows otherwise. According to him, the record now includes medical reports and details from the preliminary investigation, but these, he argued, are insufficient to prove the defendants’ guilt.
Koffa also reacted strongly to questions about medical assessments that linked injuries sustained by some defendants to allegations of torture. He cited the report of one of the medical experts, which stated that findings were “consistent with allegations of torture,” and argued that the interpretation had been downplayed.
“You see, we’ve got to learn to read and comprehend. In Thomas Etheridge’s report, it says, ‘consistent with allegations of torture,’ period. There’s no qualification. If you look at another, Stephen M. Broh, it said, ‘consistent with allegations of torture, but could be other things.’ So you don’t just take what is convenient. You take all the reports together. What about those that were consistent? Do you know that? You don’t,” he told reporters.
Despite the setback in court, Koffa remained defiant, declaring that the case against him and his co-defendants lacked any solid foundation. “We’re going to trial with the overwhelming evidence that they say they have. Which, again, they do not have eyewitnesses. They do not have cameras to show who made the fire. They do not have forensic evidence. Imagine the LPRC evidence says the poor water quality of water and kerosene. What kind of nonsense is that?” he asked.
The Capitol Arson Trial continues to attract wide public attention as prosecutors press forward with charges of attempted murder, criminal conspiracy, reckless burning and explosion, criminal solicitation, facilitation, and reckless endangerment. The case remains one of the most closely watched in recent Liberian judicial history, given the political profile of the defendants and the destruction of the nation’s legislative headquarters.
