The Magistrate of the Monrovia City Court, Earnest Banner, has reserved the court’s ruling in the case between Roots FM and the Liberian Government.
Recently a motion was filed through the legal consuls representing the Roots FM praying the court to order the Liberian Government to return its equipment and other items seized from the station’s building and to also reopen the radio station.
But, prosecution filed a five-counts resistance to the court requesting the judge to dismiss the defense’s motion because according to prosecution, on October 9, 2019, an application was made by the court granting a Search and Seizure warrant which was issued and placed in the hands of the Sheriff consistent with Chapter 11, Sub-section 11.2 (D) of the Criminal Procedure Law, and same was served on the Management of the station thereby giving the State the right to seize and named properties which were allegedly used in the commission of criminal offense against the Republic.
The lawyer continued that on October 18, 2019, Roots Holding Incorporated which owned Roots 102.7 FM represented by its Manager, Fidel Saydee, filed a motion to return said properties and further suppress evidence and in that motion , the defendant attached its Article of Incorporation in the name of Roots Holding Inc., and by the attachment, the Roots Holding Inc. brought the attention of the cour that it is a corporate entity established under the Association Law of the Republic of Liberia.
“It is regrettable to state that from the face of the Articles of Incorporation pleaded before the court, that Roots Holding Incorporated did not by law authorize Fidel Saydee to file a motion on its behalf because there is no showing that Roots Holding Incorporated Holding neglected to show , notary Board resolution from Roots Board of Director authorizing Saydee in his representative capacity to file action for and on behalf of the entity , the prosecution alluded
Prosecution contended that Mr. Saydee, by law is a ‘non-existence’ individual, who lacks the capacity and standing to file action and for him to have done so; and to have through brought under the proper jurisdiction, the board should have granted Saydee a Board resolution authorizing him to file motion on its behalf.
“Saydee lacks the legal capacity and standing by law, noting that this is before the court to proceed with, as Saydee did not seek the legal permission of the Board of Directors of Roots Holding to file an action as same was surreptitiously contravention of the law that controls corporate existence,” the Prosecution informed the court.
In resistance to the Prosecution’s submission, the defendant prayed the court to set aside the submission and proceed with the previous motion because, according to one of the defense lawyers, the application was made in bad fate and merely intended to delay is hearing.
The defense team also argued that the State’s action is bent on ensuring that the matter continues so that the items taken illegally are kept and by that effect, keeps the movant’s station closed perpetually; however, the defense lawyers reminded the court that the application made by the State is limited to civil actions and that there is no provision in the Criminal Procedure Law that supports the requirements for company that has been brought before any court within the Republic that a Board resolution is filed before one can defend or seek any remedy provided under the law.
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