MONROVIA – In a legal development, Resident Circuit Judge Roosevelt Z. Willie of Criminal Court ‘A’ has decided to re-transfer the bail exception hearing in the high-profile Capitol Building Arson case to the Monrovia City Court. The decision came after Judge Willie claimed to have identified procedural errors made by Stipendiary Magistrate L. Ben Barco during the preliminary stages of the hearing.
The case stems from an alleged arson attack on the Capitol Building, for which former House Speaker Cllr. J. Fonati Koffa and four other lawmakers were arrested following a writ issued on May 16, 2025. On June 9, their defense team filed a property surety bond amounting to US$440,000 in hopes of securing their release from Monrovia Central Prison.
Liberian law, specifically Chapter 63 of the Civil Procedure Law, stipulates that a bond becomes effective upon court approval once sufficient prima facie evidence is presented, confirming the qualifications of the sureties or property involved. The prosecution contested the bond through an exception filed on June 12, 2025, while the case was still under preliminary hearing overseen by Magistrate Barco.
Rather than addressing the prosecution’s challenge, Magistrate Barco concluded the preliminary hearing and referred the case to Criminal Court ‘A’, prompting concerns over procedural adherence from both sides.
During a subsequent hearing on June 19, defense attorneys sought to dismiss the prosecution’s bond exception, arguing that the case had not been appropriately resolved at the magisterial level. They posited that the prosecution’s failure to secure a ruling at this level equated to a waiver of their rights to challenge the bond.
Montserrado County Attorney Cllr. Richard Scott, representing the prosecution, asserted that their challenge was timely and in accordance with the three-day statutory window allowed for bond exceptions. He contended that the prosecution was within its rights to evaluate the bond’s sufficiency.
Upon reviewing the arguments presented, Judge Willie ruled that the matter of the bond exception had not been adequately brought before Criminal Court ‘A’, rendering any discussion on the substance of the exception inappropriate in that venue. He emphasized the necessity for procedural compliance, stating, “This court will not entertain any hearing that was not properly brought before it.”
Judge Willie ordered the case to be returned to Stipendiary Magistrate Barco to assess the bond’s sufficiency, with a request for a report due by June 24.
This ruling marks a pivotal moment in the Capitol Building Arson case, resetting the bond proceedings and shifting responsibility back to the Monrovia City Court. Legal experts have remarked on the implications of Judge Willie’s decision, suggesting it underscores the critical importance of following procedural rules, especially in high-stakes criminal cases.
As the proceedings continue, the developments in this case are sure to be closely monitored, both for their legal significance and their potential impact on Liberia’s political landscape.
