–High Court Affirms US$10,000 Fine Against Former PPAL Executive Director, Says Prosecution Failed to Prove Forgery, Conspiracy and Speculation Charges
MONROVIA, LIBERIA — The Supreme Court of Liberia has upheld the conviction of former Planned Parenthood Association of Liberia (PPAL) Executive Director Miatta K. K. Cojolo for Economic Sabotage but overturned her convictions on three other charges arising from a Liberia Anti-Corruption Commission (LACC) prosecution over alleged financial and procurement irregularities at the organization.
The Supreme Court’s decision partially overturns the judgment of the trial court, leaving Cojolo convicted of Economic Sabotage while reversing findings against her for Forgery and Counterfeiting, Criminal Conspiracy, and Speculation or Wagering on Official Action or Information.
The case arose from an LACC investigation into financial and procurement activities at PPAL covering the period from January 1, 2013, through December 31, 2018.
Cojolo was prosecuted alongside other former PPAL officials and a former board vice chairperson on charges including Economic Sabotage, Forgery and Counterfeiting, Misapplication of Entrusted Property, Speculation or Wagering on Official Action or Information, and Criminal Conspiracy.
Court Upholds Economic Sabotage Finding
In its judgment, the Supreme Court found sufficient evidence to sustain the trial court’s conviction of Cojolo for Economic Sabotage.
The Court cited testimony and other evidence presented by state witnesses concerning several financial and procurement transactions during Cojolo’s tenure at PPAL.
Among the matters considered by the Court was the formation of PEWETTA Security Services, which prosecutors linked to Cojolo.
The Court also considered the procurement of a Ford Everest vehicle using funds from a BMZ donor-funded project, payments associated with the purchase of laptop computers, and the award of a catering contract to JND Catering Services.
According to the ruling, other transactions raised questions concerning conflicts of interest and compliance with applicable public procurement procedures.
The Supreme Court concluded that the evidence presented by the prosecution was sufficient to sustain Cojolo’s conviction for Economic Sabotage.
Statute of Limitations Challenge Rejected
The High Court also rejected a challenge concerning the statute of limitations.
The Court relied on provisions of Liberia’s Criminal Procedure Law governing the prosecution of offenses involving fraud or breach of fiduciary obligation, under which the applicable period may run from the discovery of the offense, subject to statutory limitations.
The Court noted that the LACC investigation covered PPAL’s activities between 2013 and 2018 and determined that the subsequent prosecution fell within the period permitted under the law.
The ruling therefore cleared the way for the Economic Sabotage conviction to stand despite the defense’s challenge over the timing of the prosecution.
Three Convictions Reversed
While sustaining the Economic Sabotage conviction, however, the Supreme Court found that the prosecution had not met the required evidentiary burden on three other charges.
The Court determined that the evidence was insufficient to prove Forgery and Counterfeiting, Criminal Conspiracy, and Speculation or Wagering on Official Action or Information.
Those portions of the trial court’s judgment were consequently reversed.
The decision represents a significant narrowing of the convictions previously entered against Cojolo, leaving Economic Sabotage as the conviction affirmed by the nation’s highest court.
US$10,000 Fine, Possible 10-Year Prison Term
As a consequence of the affirmed conviction, the Supreme Court ordered Cojolo to pay a US$10,000 fine.
The judgment further provides that if the fine is not paid within 60 days after the Supreme Court’s mandate is read in the lower court, Cojolo shall be imprisoned for 10 years.
The Court instructed its Clerk to transmit the mandate to the First Judicial Circuit, Criminal Court “C,” where the trial court is to resume jurisdiction and enforce the Supreme Court’s judgment.
The mandate effectively returns the matter to the lower court for implementation of the High Court’s final decision.
LACC Prosecution Focused on PPAL Transactions
The case forms part of the LACC’s broader anti-corruption enforcement efforts involving alleged financial mismanagement and procurement violations within public-interest institutions.
The Commission’s investigation into PPAL activities ultimately resulted in the prosecution of former officials over transactions that prosecutors alleged violated financial, procurement and fiduciary requirements.
The Supreme Court’s ruling now establishes a mixed outcome for the prosecution: while the government succeeded in sustaining the Economic Sabotage conviction, it failed to establish the remaining three charges against Cojolo to the satisfaction of the High Court.
The decision underscores the importance of the prosecution meeting the evidentiary threshold for each individual criminal charge, rather than relying on evidence sufficient to support one offense to sustain separate and distinct allegations.
For Cojolo, the ruling means that her conviction for Economic Sabotage remains intact, but the Supreme Court has removed three additional convictions entered by the trial court.
The next step will be implementation of the Supreme Court’s mandate by Criminal Court “C,” including enforcement of the US$10,000 fine and the consequences prescribed by the judgment if the fine remains unpaid within the specified period.
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