2,181 Languish in Jail without Trial -Judge Wesseh Calls for Justice Actors’ Urgent, Concerted Action

MONROVIA – Article 21(e) of the 1986 Constitution is unequivocally clear: “No person charged, arrested, restricted, detained or otherwise held in confinement shall be subject to torture or inhumane treatment…nor shall any person be seized and kept among convicted prisoners or treated as a convict…” Nearly three decades after, and despite the fact that some of Liberia’s iconic human rights advocates and constitutionalists have been parading the corridor of power, persistent violations of said provision continue to spur with reckless abandon. Yet again, the alarm has been resounded, not by private citizen, but by someone who has served multiply in the country’s justice system and in prominent positions, revealing that over 2,000 persons are being “kept amongst convicted prisons or treated as a convict”. The Analyst reports. 

Judge Wesseh Alphonsus Wesseh, Sr. of Criminal Court “B” has called on the Liberian judicial architecture to be more aggressive in ensuring that those that are held in pretrial detention on allegations of committing crimes are brought to courts, for the timely disposition of their cases; or are released if good cause—for their continuous detention are not shown by the prosecuting arm of government and a violation of the constitution.  

Judge Wesseh made the assertion during the opening of the August Term of Court where he was given the singular honor to serve as keynote speaker where he further called on the courts to remain unwavering and unbending that those that seek justice before these courts can be assured that justice will be dispensed without fear or favor.

“Let it be established that continuous detention without trial is a fundamental violation of Art. 20(a) of the 1986 Constitution of the Republic of Liberia which says, “that no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. Justice shall be done without sale, denial or delay; and in all cases not arising in courts not of record, under courts martial and upon impeachment, the parties shall have the right to trial by jury”.

He told his colleagues: “Moreover, all justice actors, including judges and lawyers must be cognizant that our actions or inactions to keep people in jail, without superintending their cases is a clear violation of their fundamental rights to due process of law; we hold it to those that are held in pretrial detention by ensuring that we bring them to court expeditiously. In pursuit of justice, Judges have a greater role in ensuring that we put pressure on the prosecution and defense counsels, by ensuring that those that are held in pretrial detention have their days in courts.

“In the same vein, we call on the Liberia National Bar Association (LNBA) to seize upon the occasion to make its legal aid program more robust by filing the necessary applications seeking justice for those that are held in pretrial detention,” Judge Wesseh said.

Harsh Prison conditions amid high pretrial detention rate

According to Judge Wesseh, there are 2,181 pretrial detainees within Liberia’s prison system, while those sentenced is about 1,159, as of July 31, 2025.

He noted that while these figures appeared low, as compared to neighboring countries, the obnoxious prison conditions, with inmates cramped up in dilapidated and unsaved structures create unbearable conditions that the prisoners are subjected to.

“The recount of these figures are not in any way intended to downplay our prison’s population, but to highlight the stressful and appalling conditions in our various prisons, as a result of prisons’ congestions and the lack of proper cares that support treatments, rehabilitations and welfare of inmates.

“We, therefore join the Incoming Chief Justice, His Honor Justice Gbeisay, when he recently highlighted the conditions of our prisons during his confirmation hearing before the Liberian Senate. During that confirmation hearing, the Incoming Chief Justice emphasized the need to construct a new national prison facility, which would help to decongest our already overwhelmed prisons facilities.

“From a broader perspective, correction or rehabilitation, which is one of the key components of the criminal justice chain, is always challenged and weakened when a jail break is reported.

“We also join the Incoming Chief Justice by calling on the Executive, through the Ministry of Justice to construct a new national prison facility, which will help decongest our detention centers, mostly especially our only recognized correctional facility, the National Palace of Correction, in Zwedru, Grand Gedeh County.

He asserted further: “Let us be mindful that our actions and inactions to hold people in pretrial detentions are deterred by Article 21(e) of the 1986 constitution of the Republic of Liberia, which outlines our obligations to those that are held in pretrial detention. This article says ‘no person charged, arrested, restricted, detained or otherwise held in confinement shall be subject to torture or inhumane treatment; nor shall any person except military personnel, be kept or confined in any military facility; nor shall any person be seized and kept among convicted prisoners or treated as a convict, unless such person first shall have been convicted of a crime in a court of competent jurisdiction.’”

To lawyers; prosecuting attorneys, the defense team and others that may be appearing before the courts, Judge Wesseh insisted that “let it be known that we hold it to ourselves and to those that seek justice, by ensuing that we superintend their cases.

“Therefore, these courts under our gavels, will not relent to release those who may have allegedly committed grave offenses, and are not indicted or tried within the statutory time; if good cause are NOT shown for their continuous detention; and shall also release those that are languishing in pretrial detention for the alleged commission of petit offenses, who have not had their days in courts beyond the statutory period.”

He warned judges not to play to the whims and caprices of lawyers that may be appearing before these courts; whose desires are to delay the trial of cases.

As Judges assigned to hold and preside over these courts, he stressed, “We will assign cases, if the need arises, with or without any consultation with the prosecuting and Defense lawyers. In the same vein,  we wish to implore our Magistrates of the various magisterial court in this jurisdiction, with references to  cases under their direct trial jurisdictions, that Your Honors  result to other instrumentalities for enforcing justice,  either by  leveraging  Section 13.5 of the Criminal Procedure Law  of Liberia which says ‘when from all the circumstances the court is of the opinion that the defendant will appear as required either before or after conviction without giving bail, he may be released without security upon such conditions as may be prescribed to insure his appearance’.

“These conditions may include parole to the custody of a member of the family or other person exercising moral influence over the defendant, or the requirement that the defendant report periodically to a probation officer of the judicial circuit”.

He closed by calling on the Ministry of Justice and the Office of the Public Defense to continue to draw out programs for lawyers (Prosecutors and Defense Lawyers) that have joined ranks and files, during the last 10 years.

Continuing, Judge Wesseh recounted: “My experiences as a court room lawyer and now as a judge have shown different perspectives and this is my personal experiences from the court rooms as a judge during my recent assignments. During my assignments, as a Judge over the last 9 terms of courts, I  have noticed  that some good numbers  of our prosecutors and  Public defense lawyers that are assigned to some of our courts in the leeward counties are not familiarized  with some of the  rudiments of trial techniques,  relating to court’s room practices;  and the basic trial techniques that are employed in direct and  cross examinations;  closing arguments  , etc.;  as  we did  some 10  years ago.”

During those periods, he recalled, “we were made to undergo rigorous trainings as Government Prosecutors and Defense Counsels after every court’s terms. Nowadays, a prosecutor or defense attorney, in some of our courts nationwide, do not know how and when to direct a witness or cross a witness; and or how to present documentary evidence to be marked by court.”

He said a prosecuting attorney needs to be knowledgeable as to when and how to “rest with the production of evidence”; and when and how to give notice for a rebuttal witness(s). 

“They sometime tend to combine both; and also when and how to rest in toto, with the production of evidence. While a defense attorney, in some instances, doesn’t know how to commence with the presentation of his or her cases; and if they elect to do the cross examination, they tend to help the prosecution by soliciting answers from the prosecution’s witnesses that helps the prosecution’s case.”

He added: “As I earlier stated, this is my personal assessments and same is not intended to cast doubts on our prosecution and defense attorneys; but to emphasize the need for continuous legal and or quarterly trainings for prosecutors and defense lawyers. Sometime when a judge try to call a prosecutor or defense lawyers to order,  as to the way and manner they are proceedings with their cases, they will then accuse the judge of taking a side.  Let it be established that  a  judge,  who is presiding over a trial,  is the chief administrator of the court’s proceedings,  as to how the records  of the court are structured and  recorded,  within the context of our traditional court room practices; as these  structural and procedural  corrections are necessary  and are made without prejudice to the parties;  since in some instances  these cases or records  may  sometime  appear before a justice in chambers or before the full bench.

“These sharp declines must be a concern to all court rooms’ actors,   so as not to lose sight of our court room practices and procedures that have been laid down as “jurisdiction adherences” from age to age.

To the Member of the prospective jurors who may be selected and empaneled, either as trial or grand jurors, Wesseh stated also: “We call on you to be very studious and committed to your civil duties, and if you are selected and empaneled, we will not hesitate to jail any of you for any misconduct and will punish a juror who is selected and empaneled for failure to attend court sessions without legitimate reasons.

“Finally, to our staff and the general public, as we embark on these national tasks, we wish to caution you that we are obligated to keep the court’s yard very clean, at all time, as those found to be littering within the court’s premises shall be arrested by the Judicial Security and presented before the Monrovia City Court for prosecution and the payment of fines. Please take note and govern yourself according,” Judge Wesseh asserted.

Heartfelt Appreciations

The learned judge also used the occasion to graciously extend thanks and appreciation to President Joseph Nyumah Boakai, Sr., for maintaining the status quo, by looking within the ranks and files of the Yuoh’s bench, and nominating His Honor Justice Gbeisay, to the bench,  as Chief Justice of the Supreme Court of Liberia.

“Considering the stature of the Supreme Court, the Liberian Judiciary is best served when a Justice is nominated from the bench to the position of chief Justice,” Judge Wesseh said.

“I am further imbued with a sense of gratitude to beg the indulgences of my colleagues, for me to seize upon this occasion, since it my first time to sit with Madam Chief Justice, on the same platform, during an official court opening program, to allow me pay a special homage to Her Honor, Sie-Nyne G. Yuoh, Chief Justice of the Honorable Supreme Court of Liberia for giving me successive assignments to have served in those jurisdictions just mentioned.

“In light of this, let me therefore say a very big thank you to you, Madam Chief Justice for always giving me assignments, since I embarked upon this journey as a Judge. I do appreciate you, for the confidence that you have reposed in me to have served in my own county, River Gee (3 terms) and then my county of birth, Maryland, where I also served a term; before moving to Grand Cape Mount County, for a term and then to Gbarpolu County, for three successive court’s terms, before my most recent assignment to Rivercess County,” Judge Wesseh said..