Alongside Alaco Limited, a leading business intelligence and investigations firm, Omnia Strategy has released their findings of an independent investigation into allegations of forgery lodged against the Alternative National Congress (ANC).
The allegations stemmed from an internal dispute within the Collaborating Political Parties (CPP), an opposition alliance formed by four political parties in Liberia; namely the ANC, the All Liberian Party (ALP), the Liberty Party (LP) and the Unity Party (UP).
It has been alleged by the ALP that Mr. Cummings and two other senior figures in the ANC conspired to tamper with the agreement that constituted the CPP, known as the “Framework Document”, prior to it being filed with the National Elections Commission of Liberia (NEC).
The ALP’s allegations formed the basis of a prosecution before the courts though the matter is ongoing before the magisterial court which is a court of non-records and that could amount to a violation base on the timeframe that such proceeding is has been entertained in said court, Mr. Cummings and his co-defendants have vehemently deny the allegations of forgery and criminal conspiracy.
All parties’ lawyers are present and knowing fully well that it undermines the decision of the court to delve into matter that are being prosecuted in the court, Cummings took upon himself to hire experts to examine the allegation and the Alaco and Omnia has now concluded that the allegations are entirely without merit.
Summarizing the comprehensive review of the evidence to establish the facts, the primary findings of the Omnia and Alaco’s independent report blamed the CPP’s Investigative Committee which relied its report upon by the prosecution in the criminal proceedings, does not withstand scrutiny, provides no reliable substantiation for the allegations it purported to uphold and is a wholly unsafe basis for any criminal prosecution.
The report also observed that the existence of substantial differences between the original draft and later versions of the Framework Document is not in dispute, but nor is it untoward and noted that such an evolution is the logical and expected consequence of the iterative process of negotiating the Framework Document.
“In particular, the amendments proposed as a result of the CPP parties’ legal review of the draft text were reviewed and approved by the constituent parties prior to registration of the Framework Document with the NEC,” the acclaimed foreign experts reported.
The two foreign examiners reported that the fact that the Chairperson of the CPP Investigative Committee, Mr. Momo of the ALP had direct knowledge of how the process unfolded gives rise to questions not just about the CPP Investigative Committee’s competence, but also about its motives and therefore acknowledged that he also played a prominent role in the multilateral review of the framework document (both via WhatsApp and in meetings).
Among other things, the report outlined that a comparative analysis of the prosecution’s WhatsApp evidence against an authenticated version of the same chatroom revealed glaring omissions in the prosecution’s submissions.
“Despite assurances from the prosecution that these omissions were inadvertent, it strains credibility that these omissions resulted from several pages of the prosecution’s exhibit having been inadvertently misplaced. Rather, there is a pattern of exculpatory evidence having been selectively withheld by the prosecution,’ the Alaco-Omnia Report stated.
The report also hold as a fact that it is the same framework document as filed with the NEC on July 14, 2020 and had been duly reviewed, discussed, approved, endorsed that was signed by the relevant leaders of the constituent parties.
The Alaco-Omnia Report then found it difficult to conceive how the allegation that Mr. Cummings and others conspired to tamper with the Framework Document could be thought to have any legitimate foundation at all, let alone provide a secure foundation to bring a criminal prosecution where the consequences are so personally and politically profound.
Meanwhile, the Mr. Cummings has welcomed the findings of an independent expert report into the tampering allegations made by the ALP and said; “The findings of the report are conclusive. With the baselessness of the accusations against me now laid bare, the truth that this was a politicized attempt to impugn my integrity and derail our movement for real change may prevail.”
“I have always stood firm and calm when the government has violated my own democratic rights. But I could not remain calm as the government orchestrated this trial, which has been an assault on the democratic rights of all Liberians and the values of the international democratic community,” he expressed.
Mr. Cummings commissioned this independent investigation to provide an objective evaluation of the claims made by the ALP and the Government of Liberia and instructed Mrs. Blair’s team to report without fear or favor. Throughout his corporate, philanthropic, and political career, at home in Liberia and abroad, Mr. Cummings has always been committed to high standards of integrity, honesty, probity, and transparency.
While Cummings holds the view strongly that the trumped-up allegations he faces are yet another shoddy attempt to undermine his values and smear his good name, his hired experts have already blamed government’s legal team and questioned the CPP Investigative Committee’s competence, judicial pundits believe that the report released has placed a daunt in the decision of the court.
Meanwhile, Omnia is an international law firm founded in 2011 by Cherie Blair CBE, QC. Omnia specializes in bespoke dispute resolution and dispute prevention around the world, through its unique Law+ approach, combining legal expertise with experience across policy, business, and communications. Omnia is trusted by government, corporate and private clients to provide legal and strategic counsel on a broad spectrum of matters, including international arbitration, business and human rights, public international law and more unconventional problem-solving
