Liberia: Police Deny Temporary Release of Cllr. J. Fonati Koffa, Others After Arson Charges - FrontPageAfrica

MONROVIA – The Liberia National Police have denied a request from the legal team representing Cllr. J. Fonati Koffa and his colleagues to sign for their temporary release, FrontPage Africa has reliably learned.

By Gerald C. Koinyeneh, gerald.koinyeneh@frontpageafricaonline.com

This development follows the formal charging of Koffa and several lawmakers with criminal facilitation, arson, and criminal conspiracy to commit arson in connection with the December 2024 fire that destroyed a section of the Capitol Building.

The charges come after a months-long investigation by the Joint Security, with assistance from foreign fire experts.

Sources close to the investigation allege that the government has obtained witness statements implicating some of the accused. Police and National Security Agency (NSA) sources told FPA that the public should “wait and see how things unfold.”

Despite all five lawmakers having been officially charged, authorities continue to hold them without bail, bond, or release on their own recognizance. Legal experts have described this as a violation of both statutory and constitutional provisions guaranteeing due process and the presumption of innocence.

According to Chapter 13 of the Liberian Criminal Procedure Law, once a person is formally charged, the question of release becomes a matter for the court—not the police. The police have no authority under Liberian law to detain any person post-charge unless a court has ordered remand.

Furthermore, the commonly cited 48-hour rule under Article 21(f) of the Constitution, which mandates that a person arrested must be charged within 48 hours or released, does not apply once charges are filed. In this case, since charges have been filed, the police should have either released the lawmakers on recognizance or bail, or immediately turned them over to the court.

“These men are sitting Representatives of the Republic. They are not flight risks. They have known addresses. There is absolutely no legal justification—none—for their continued detention,” said a constitutional lawyer who spoke on condition of anonymity.

The arrests stem from the Capitol fire incident during a contested Speakership dispute in December 2024. Since then, several individuals believed to be aligned with the then-Minority Bloc have been detained. The investigation has included writs of search and seizure for homes and mobile phones.

Supporters gathered again at the Liberia National Police Headquarters Thursday as the lawmakers were detained behind closed doors. Former Speaker Koffa, ever defiant, arrived holding a toothbrush, a symbol interpreted as readiness to sleep in jail.

Critics now say the police’s refusal to release the lawmakers constitutes political overreach, and have called on the Ministry of Justice to intervene.

“The rule of law cannot be selective,” said a joint statement from several civil society organizations. “Once charged, the police cannot become the judge, jury, and jailer.”

As of Friday morning, no court appearance had been scheduled, and the lawmakers remained in police custody. The Liberia National Police has not issued an official press release on their legal basis for the continued detention.

Legal teams representing the lawmakers are expected to file immediate motions, and possibly seek a writ of habeas corpus for unlawful detention.