Friday, February 23, 2024 – Monrovia, Liberia – The Liberia Anti-Corruption Commission (LACC) 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 on various online 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, the LACC entered nolle prosequi in the case, thereby discharging George Nyenkan by the court.
The LACC wishes to clarify as follows:
That, in 2022, the commission concluded the 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 offences. 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 Re-payment agreement with the State by and through the LACC.
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 subsequent prosecution if and when the need arises.
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$38,947.00. For which, to date, he has restituted US$10,000.00 into the Government of Liberia Revenue account. The LACC will ensure that the balance of US$28,947 will be fully recovered.
As of the date of this publication, the LWSC 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.
We want to emphasize that the commission remains steadfast in its commitment to combating corruption and ensuring accountability at all levels. LACC assures the public that our decisions are guided by thorough investigation, adherence to legal procedures, and the pursuit of justice without bias or favouritism.
The media remains one of our critical partners and we therefore call on them to seek clarification with the commission on issues concerning the works of the LACC while we all strive to make Liberia a better place.