By Precious D. Freeman
In a dramatic legal showdown, the Supreme Court, has issued a stay order, effectively halting the House of Representatives’ probe into allegations of torture involving a Chinese businessman, Michael Shio and a Liberian national Momoh David.
The intervention by Associate Justice Ceaineh Clinton-Johnson underscores a deepening constitutional crisis over the separation of powers in Liberia.
Justice Clinton-Johnson’s order, handed down on Monday, mandates that the House of Representatives suspend all further proceedings related to the case until a conference scheduled for Wednesday, March 19, 2025. The order reads:
“By directive of Her Honor Ceaineh D. Clinton-Johnson, Associate Justice presiding in chambers, you are hereby cited to a conference with Her Honor on Wednesday, March 19, 2025, at the hour of 10:30 a.m., in connection with the above-captioned case. Meanwhile, you are ordered to stay all further proceedings and/or actions in the matter pending the outcome of the conference.”
The case stems from allegations that Shio, a prominent businessman in Monrovia, poured hot oil on Momoh David after David was caught attempting to steal a solar panel from Shio’s construction site on January 13, 2025.
David, known for prior criminal activity in the Congo Town area, reportedly sustained severe burns and was hospitalized.
Shio has denied the allegations, claiming that David’s injuries were the result of mob violence after he was caught stealing from a Lone Star Tower days before the alleged incident at Shio’s site.
Shio’s legal team argues that the accusations are part of a politically motivated conspiracy orchestrated by the Director General of the Liberia Broadcasting System (LBS), Eugene Fahgon, and his associate, Chinese national Gao Feng.
According to the petition filed with the Supreme Court, Shio’s team contends that the House of Representatives acted illegally by summoning Shio for questioning while the matter was still pending before the First Judicial Circuit Court, Criminal Assizes ‘A.’
Shio’s lawyers argue that the House’s involvement constitutes a breach of the separation of powers outlined in the 1986 Constitution of Liberia.
Article 65 of the Constitution states that judicial power is vested solely in the Judiciary, and no other branch of government is permitted to interfere with judicial matters.
“Judicial power is vested solely in the Judiciary, and no branch of government may interfere with judicial proceedings,” the petition states.”
The defense further argues that the House’s probe into an ongoing criminal case constitutes an unlawful exercise of judicial authority and violates the principle of sub judice, which bars interference in ongoing court proceedings.
Shio’s petition goes further, accusing Fahgon and Gao Feng of masterminding the allegations as retaliation for a prior business dispute.
In 2024, Gao Feng’s company was fined over $18 million by the Ministry of Mines and Energy for illegal mining in Gbarpolu County, a territory under an exploration license held by Shio’s company, NEO Global Minerals and Mines, Inc.
Shio’s legal team claims that Fahgon used his influence at LBS to fuel a media campaign against Shio and pressure judicial authorities to take action.
Fahgon has denied the allegations, calling them an attempt to distract from the criminal case against Shio.
The case has put Liberia’s legislative and judicial branches on a collision course.
While the House leadership, under Speaker Richard Nagbe Koon, maintains that the legislative body has the constitutional authority to investigate matters of public interest, Shio’s lawyers insist that this authority does not extend to criminal cases under judicial review.
Shio’s legal team from Central Law Offices, Inc. is seeking a permanent writ of prohibition to bar the House from conducting any further investigation into the case.
The petition cites Section 16.21.3 of the Civil Procedure Law, which defines prohibition as a mechanism to prevent a governmental body from exceeding its lawful authority.
Justice Clinton-Johnson’s stay order signals that the Supreme Court views the matter as a serious constitutional issue.
As the March 19 conference approaches, all eyes are on the Supreme Court, which now faces the delicate task of balancing judicial authority with legislative oversight in one of the most politically charged cases in recent Liberian history.
