— In LWSC Corruption Case, LACC Says
The Liberia Anti-Corruption Commission (LACC) says its attention has been drawn to an article published in the Friday, February 23, 2024 edition of the Daily Observer newspaper captioned: “LWSC’s Manager Walks Free as LACC Discontinues US$80K Case.”. The story was also shared online with various news outlets.
The story notes, among other things, that the LACC has decided to discontinue the case against George Nyenkan, the Materials Manager at the Liberia Water and Sewer Corporation, along with five other high-ranking officials, on allegations of corruption practices related to the mismanagement of funds in the tone of US$80,000.00 and resources at the LWSC. That is, the LACC entered nolle prosequi in the case, thereby discharging George Nyenkan by the court.
The LACC, in a press release, wishes to clarify as follows:
That, in 2022, the LACC concluded an investigation into former officials of the LWSC for financial improprieties. However, an indictment was never drawn in the case due to a moratorium, which was placed on the Prosecution of cases pending the formation of the New Board of Commissioners in keeping with the New LACC Act of 2022.
When the New Board of Commissioners took over in September 2023, Investigative reports were reviewed, and the Board of Commissioners approved the prosecution of the LWSC case. During the November A.D. 2023 Term of Court, the Grand jury for Montserrado County indicted four former LWSC officials and two vendors on multiple offenses. The indictment and writ of arrest were served on co-defendant George Nyenkan, thereby bringing him under the jurisdiction of criminal court ‘C’. The rest of the co-defendants are at large, with the exception of former LWSC MD, Dwana Kamara, who entered a Plea Bargaining agreement with the State by and through the LACC.
The LACC wishes to inform the public that under our laws and practice in criminal prosecution, “Nolle Prosequi” is a Latin phrase that translates to a formal notice to the court not to prosecute.
The co-defendant, George Nyenkan, being under the jurisdiction of Criminal Court ‘C”, negotiated with the LACC through the court and, upon the approval of the Judge, reached an agreement with the State to serve as state witness. Hence, the LACC entered nolle Prosequi; thereby making him a state witness when the case is called for trial. The LACC, in its decision to make Mr. Nyenkan a state witness, however, invoked section 18.3 of the Criminal Procedure Law, which gives the LACC the right to refile with prosecution if and when the need arises.
One person, the former Managing Director, Duannah Kamara, entered a plea bargain agreement with the State by and through the LACC, to restitute the amount of US$38,947 with stipulations. For which, to date, he has restituted US$10,000 into the Government of Liberia Revenue account. The LACC will ensure that the full amount of the balance of US$28,947 will be recovered.
As of the date of this publication, the case is still active on the docket of Criminal Court ‘C’ pending the service of the indictment and writ of arrest on the remaining four (4) defendants who are still at large.
The LACC informs the media and the public in general that it remains committed to the prosecution of all corruption offenses. We will continue to keep the public informed as we enforce our mandate.
