Courts and Police
The goal of the government is to create a society governed by laws rather than big men/women or violence. The police are responsible for the enforcement of laws and the courts are responsible for the interpretation of the laws.
If I pay a bond, what do I have to do to receive the money back?
Bonds (which are also referred to as “bail”) serve as a guarantee to the court that the accused will appear in court when they are needed. If the accused makes appearances in court when asked to be present, any bond payment should be refunded at the end of the trial, whether the accused is “judged” guilty or not guilty. Additionally, the payment of a bond does not require the payment of a signature or other fee – meaning that the judge should not ask you for a signature fee before they sign the bond. A bond can be in the form of money, an insurance policy, or in the form of property, such as a house, motorbike or gold chain. Sometimes, in place of a bond, it is possible for someone that the court trusts to sign on behalf of the accused to ensure that the accused person appears in court when asked. If the judge/Magistrate asks you to pay signature fee before signing your bond or if your bond is not refunded at the end of the case, you can file a complaint with the Public Support/Services Office at a Regional Security Hub or file a complaint to a higher court (circuit court for example if the complaint is against a magistrate), or request from organizations such as the JPC.
Can Commissioners/chiefs/police ask me for bond?
No. Commissioners, chiefs and police do not run courts therefore they cannot ask someone for bond. However, when Commissioners and chiefs are dealing with people who violate the town or traditional law, they can ask them to pay small fines like small money, chicken or kola.
Can the court charge me court fees/costs?
There is no court fee in criminal cases. If any money is to be paid in criminal cases, it is paid by the Republic (Government). Bond should not be confused with court fees. Bond is refunded to the accused at the end of the case. However, there are small fees that you may pay when the case is a civil case like a land dispute or debt matter. So always ask the court whether your case is civil or criminal case.
What is a criminal charge? A civil action?
A criminal charge is usually a matter concerning breach of security, peace or public order- e.g. theft, rape or assault. A civil action is a dispute or palava between two people or companies- e.g. debt, land dispute etc. In almost all civil cases people are not put in jail.
If I can’t afford a lawyer, how can I access the court system?
The Constitution guarantees the right of every citizen to a lawyer in criminal cases. If you are accused of a crime and you don’t have money to pay a lawyer, the court must give you a lawyer free of charge – you will have to ask and the court will check whether for true you don’t have money for lawyer. The lawyer you would receive is called a public defender. While the magistrate courts should provide you with a lawyer, in most cases they are unable to do so. If you are an aggrieved party in a criminal matter, the prosecutors (city solicitor or county attorney) represent your interest. In civil cases, the court is not forced to give you a lawyer if you don’t have the money to hire one.
Can a magistrate judge every type of case?
No. In civil cases, Magistrates cannot judge cases in which the value of the property involved is more than $14,999.99 USD (or the equivalent in Liberian dollars) or the debt is worth more than $2,000.01 USD (or the equivalent in Liberian Dollars). In criminal cases, Magistrates cannot judge sexual offense cases such as rape, or some other big big crimes like murder, kidnapping and aggravated assault. However, in most cases, the magistrate may go through the case if asked by the accused to see if there is sufficient evidence (probable cause to believe that the accused individual committed the alleged offense). This is called a preliminary examination. The magistrate will not say whether the person is guilty or not guilty. If the magistrate feels that the government has evidence against the accused then he/she will send the case to the big court (circuit court). If he/she feels that there is no evidence then he/she will throw the case out (dismiss the case). Note: The magistrate has no power to conduct preliminary examination in rape cases. The magistrate will only take all the papers in the rape case and send them to the big court (circuit court).
What types of cases can tribal chiefs judge/hear?
Chiefs can only deal with small small palava in the town like small debt case or farm case or woman palava or small fighting. The chief can also deal with cases relating to the culture and custom of the people, if these custom and culture do not violate the laws of the country. All criminal matters should be sent to either the police or the magistrate court in that area.
Can communities/anyone use sassywood to find out whether someone is guilty or not guilty?
The Supreme Court has said that sassywood is against the Constitution of Liberia and therefore illegal. Every practice that is like sassywood is also illegal. Sassywood is a violation of the Constitutional right against giving evidence against oneself. If you force someone to take sassywood, you can go to jail for that.
Can I be put in jail without a charge?
Under the constitution, anyone accused of and arrested for having committed a crime must be formally charged and sent to court within 48 hours of arrest. Any arrest must be accompanied by a writ (meaning, an order) from the court. It is every citizen’s right not to be searched or seized without a writ from the court, except in few specific circumstances. So if they arrest you and jail you, they must tell you why they are arresting you and why they are putting you in jail.
Land use and Inheritance
Every Liberian has the Constitutional right to own property whether alone or in group. But there are procedures to be followed to establish ownership.
What procedure or ways must be followed if I buy land?
There are two types of land: Public Land and private land. If you buy private land, make sure that the person selling it to you is the rightful owner and he/she should sign the deed along with two witnesses. Then carry the deed to the Probate court to be probated and then to the archives for registration. For Public land, the process is a bit longer and differs slightly depending on whether the public land is located in rural communities, or cities; the process starts with obtaining a provisional public land certificate with the permission of the traditional or local authorities; when the deed is prepared, it will be sent to the president for signature. If the president signs the deed, you will have to take it to the probate court and then to archives as you will do for private land. Contact a lawyer if you are not sure about what to do.
What happens to my husband’s or my wife’s property when he or she dies?
If a man or woman dies without leaving a will, the law says that the wife or the husband is entitled to 1/3 of his or her property for life. If the man has more than one wife, they divide the 1/3 equally. The children will take the remaining 2/3 of the property. The wife is not forced to marry her husband’s relative, nor do the relatives have any right to the husband’s property.
Marriage and Family
Are traditional marriages and church/mosque (statutory) marriages equal in the eyes of the law?
Yes. The only difference is that a traditional marriage allows a man to marry more than one wife, while a statutory marriage allows for a man to marry only one wife.
Must the dowry be returned when the marriage ends?
No. A dowry is a gift. A man who asks for dowry to be refunded commits a crime and can be made to pay fine upon conviction. The court will also ask the man to refund the dowry that he took from the woman’s family.
If a child is born out of marriage, does the father have right to the child?
Children born out of marriage belong to the mother – meaning that it is the woman who has the right to keep the children. For a father who is not married to the mother of the children to have rights over the children, the man must be shown to be the father under the law. This is done either by: (1) the man going to the probate court to recognize the children, (2) the man and the woman going before a justice of the peace or a notary public so that the man recognize the children, (3) the man adopting the children, (4) the court judging the man to be the father in a matter in court and (5) the man marries the mother of the children. If the father marries the mother, then both he and the mother have the same right to the children. Both are then equally responsible for the children. If the couple later separates, the father has first right to the children, unless he is unfit.
Does a parent have the responsibility to support a child even if the child doesn’t live with him or her?
Yes. No matter who keeps the child, mother or father, both parents are responsible to support the child according to their respective means. This is called child support.
Can a married woman own property independently from her husband?
Under the Constitution of Liberia, a married woman can own property in her own name and her husband cannot control the wife’s property without her consent. The property acquired or owned by a customary woman, either before or during marriage, belongs to her and not her husband and she is free to do business in her own name with other people (but with her husband’s knowledge and consent).
Sex Crimes
Sex crimes are crimes like rape, corruption of a minor or sexual assault.
According to the law, what is rape?
Any intentional penetration of the vagina, mouth or anus of another person’s body by a penis, foreign object or any body part without the victim’s consent is considered rape. Even with consent, sex is considered rape if the victim is under the age 18 and the other actor is more than 18. The New Rape Law passed in 2006 also creates the offense of gang rape, under which the act of helping a person who is committing rape – including such conduct as serving as a lookout – is enough to send a person to prison for life.
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