The Judge of the Criminal Court ‘C’ Yamie Gbeisay has declared the Former Direct General of the National Public Health Institute of Liberia (NPHIL) Tolbert Nyenswah free to liberty to return to Liberia at any time under the Constitution.
”Wherefore, and in view of the above fact and circumstance, the writ of Ne Exeat Republica issued by this court is hereby declared Null and Void without any legal effect as today’s date,” Court ruled.
According to Judge Gbeisay, on October 18, 2019 the County Attorney for Montserrado County, Edwin K. Martin prayed the court for a writ of Ne Exeat Republica to be issued against Nyenswah without saying what the basis of the request was therefore the writ was issued and served on the Bureau of Immigration to be circulated to the various borders.
”Under our Constitution, a citizen of this country has the right to return to his motherland when he\she desires to do so,” the Judge added.
He added that on May 21, the Liberia Immigration Service communicated to the Clerk of the Court, in which it informed the court that prior to receiving the writ, it realized that Nyenswah had departed the country.
He revealed that with a call of the motion on June 1, the state prayed court to spread its Resistance to the motion filed by counsel for Movant and the request was granted and the motion was resisted by the State.
He maintained that in resisting the state, contended that the issue raised by the Movant as to the decency and reputation of Nyenswah is not before the court.
”The fact that at the time of the service of the writ, Respondent Nyenswah had departed the bailiwick of the country and in the mind of the court, said writ becomes moot or void without any legal effect,” he said.