OF THE MANY PROBLEMS of Boakai’s administration is the issue of false starts. The inauguration, appointments to tenured positions, the Asset Recovery Team, etc. are all credible references. This article looks at the recent appointment of Cllr. Jonathan Massaquoi as Executive Director to the Office of War Crimes Court (WCC) of Liberia, and the possible negative impact this appointment may have on the most anticipated process. For over 20 years since the end of the civil conflict, Liberians have been illusioned by the possibility of ever seeing the day that the WCC would come into effect. It is therefore very important that President Boakai make sure to get it right at the first start.
ENDORSEMENT FOR ESTABLISHMENT OF WCC: “Let the word go forth that we will remain firm in our stand against injustice and impunity and that we have no doubt that this move will go a long way in helping to restore respectability and integrity to this country and to reconciled and united people,” were the words of President Joseph Boakai when he signed Executive Order #131. Despite some discomfort amongst some individuals who feel that they are targeted for persecution, like Nimba County Senator and former warlord Prince Y. Johnson, many Liberians welcomed the announcement.
UNANIMOUS AGREEMENT FOR WCC: On March 5, 2024, the House of Representatives of the Republic of Liberia passed a resolution showing support for the establishment of WCC in Liberia. This move was solidified by the Liberian Senate in a joint resolution on April 9, 2024. This historic move was also acknowledged by President Boakai on May 2, 2024, “I acknowledge the historic move by our National Legislature—both the House of Representatives and House of Senate—to reach separate, and then, a joint resolution urging the nation to take tangible steps towards paving the way to bringing a just, healed, and reconciled finality to the issues of that ugly period of our past. The direct representatives of the people spoke through their collective and overwhelming vote as they passed the resolution. And so, we must act, and act now!” This unanimous decision is very important for the process since the country needs a unified political will to see the process to a logical and peaceful conclusion.
CONSTITUTING THE OFFICE OF THE WCC: On Thursday, June 20, 2024, President Boakai appointed Cllr. Jonathan Massaquoi as the Executive Director of the Office of War Crimes Court. He stated that Cllr. Massaquoi’s appointment aligns with the Executive Order establishing this office and expressed confidence in his ability to expedite its full implementation.
REASONS FOR CONCERNS: Despite the confidence reposed in Cllr. Massaquoi by President Boakai, there is a litany of reasons for concern regarding the history of Cllr. Massaquoi’s legal alignments, something which could pose a serious conflict of interest, limit his ability to execute this assignment, and undermine the entire process of the WCC. Peace and legal experts are in agreement that one of the fundamental challenges to the successful implementation of a WCC for Liberia is to find Liberians who may not have any major stings linking them to the conflict or key perpetrators indicted in the Truth and Reconciliation Commission (TRC) final reports.
POSSIBLE CONFLICT OF INTEREST: Cllr. Massaquoi who is one of the lead partners of the International Law Group (LLG), is on record for having several major actors or family members of major actors as his clients over the years. His representation of these key actors covers not only war crimes, but economic crimes as well, both of which are the core of his assignment for persecution under the WCC. To overlook these potential conflicts of interest, will be to set off on a collision course in the future. Several cases that stand out for consideration include but are not limited to:
1. February 16, 2018 – Cllr. Massaquoi represented former President Ellen Johnson Sirleaf, a major party to the 14-year brutal civil war in a case involving her suspension from the Unity Party. Madam Sirleaf is on record as a major financier of the notorious former President Charles G. Taylor of the NPFL rebel faction responsible for war crimes and crimes against humanity in Liberia and Sierra Leone. He was convicted for several war crimes by the Special Court for Sierra Leone in The Hague and sentenced to 50 years imprisonment.
2. February 19, 2020 – Represented Government of Liberia vs Musu Bility, Ellen Corkrum, LBDI, and others on charges of economic sabotage, theft of property, criminal conspiracy, and misapplication of entrusted property. All of the above are likely persons of interest for persecution for economic crimes against the state. It is unlikely to guarantee that Cllr. Massaquoi’s link to his clients won’t call the credibility of the WCC or Economic Crime Court into question.
3. July 23, 2021 – Represented Nancy Doe, wife of the late former President Samuel K. Doe who is documented in the TRC report for major war crimes and possible economic crimes while serving as coup leader of the People Redemption Council (PRC) responsible for the murder of the late President William R. Tolbert, and for murdering 12 prominent members of Tolbert’s cabinet. As president, Doe was also accused of several war crimes and massacres before and during the early period of the 14-year brutal civil war. Cllr. Massaquoi’s client, Madam Nancy Doe might have to answer for criminal charges related to her late husband, including the wealth of the nation deemed to have been wrongfully possessed by her family.
4. February 14, 2023 – Represented the wife of former convicted Liberian warlord turned President Charles G. Taylor, who herself is alleged to have been accused of war crimes through direct participation in the Liberian civil war. Madam Agnes Reeves Taylor, apart from being indicted for war crimes, could also be needed for links to economic crimes related to her husband.
LEGAL REPRESENTATION of significance that may impeach the credibility of Cllr. Massaquoi is his representation of alleged drug criminals who are responsible for the critical state of the nation’s vulnerability to illicit drug trafficking and use, which has severely impacted the youthful population in the country. More besides, in his inaugural address, President Boakai declared the drug crisis a national emergency.
1. October 27, 2020 – Represented Nigerian drug dealers arrested by the Liberia Drug Enforcement Agency (LDEA) for illicit drugs trafficking. Cllr. Massaquoi represented these alleged drug traffickers despite the national and regional struggle against illicit drug trafficking. He provided legal services to these alleged drug traffickers demanding their release from custody, filing several legal instruments in their favor.
2. November 17, 2020 – In less than one month of Cllr. Massaquoi’s representation of the illicit drug traffickers, the LDEA carried out a drug bust valued over 8 million Liberian dollars. Today, the drug remains a critical problem for the country. A deeper look into Cllr. Massaquoi may likely yield a damaging link to criminal drug cartels in the country. Whatever the case, it is best to prevent a larger embarrassment for the process than to Jeopardize the WCC and ECC processes.
BOAKAI MUST COURSE CORRECT: Both critics of the opposition and some supporters of the ruling Unity Party or supporters of President Boakai are worried that the appointments of the president have fallen short of expectations. There are also some political analysts and pundits who believe much of the projects of the current administration getting off to a false start. These observations are held by former Auditor General of the Republic of Liberia John Morlu, who spearheaded President Boakai’s campaign funds during the just-ended elections. He believes that President Boakai is proceeding wrongly and must course correct, or is destined to fail. Will this be another false start as we saw with the Asset Recovery Team?
Dr. Clarence R. Pearson, Sr. is a Liberian clergy and social scientist with strong interest in advancing global peace, human rights, a safe planet, and social equity. He holds a BA in Theology, and MA with distinction from the Kofi Annan Institute for Conflict Transformation, University of Liberia. He also graduated with honor from the Louisiana Baptist University and Seminary, Shreveport, Louisiana, USA with A PhD in Psychology and Counseling. Dr. Pearson is a social researcher, an educator, and an author. He has over 29 years of practical professional experience in post-conflict peace-building, recovery, and development with emphasis in both the public and private sector.