MONROVIA, Liberia — Assigned Circuit Judge of Criminal Court “C” at the Temple of Justice, His Honor Ousman F. Feika, has dismissed an indictment against several former officials of the Bureau of State and Enterprise, citing the government’s failure to prosecute the defendants within the legally prescribed period.
The ruling, delivered Monday, August 31, 2026, resulted in the discharge of former Director General Arthur S. Massaquoi, former Financial Comptroller Mathew Kotio, Kathanal Mitchell, Isaac Kporkulah, and Jessephen Yeh Dahn.
Judge Feika, however, clarified that the dismissal was “without prejudice to the prosecution,” meaning the government retains the legal authority to refile the charges against the defendants in the future.
“It is the holding of this court that the defendants’ request to dismiss should be granted,” Judge Feika ruled. He ordered that the indictment be dismissed and the defendants discharged, with their constitutional rights restored in accordance with law.
Case Dismissed After Two Terms Without Trial
The court’s decision was based on Chapter 18, Section 18.2 of Liberia’s Criminal Procedure Law, which provides for the dismissal of an indictment when a defendant is not brought to trial within two successive terms of court, unless the prosecution demonstrates good cause for the delay.
On August 7, 2026, the defendants filed a nine-count motion seeking dismissal of the indictment, which had been returned against them during the November 2025 Term of Court.
The Grand Jury had accused the former officials of several offenses, including economic sabotage, theft of property, misapplication of entrusted property, criminal conspiracy, and criminal facilitation in Montserrado County.
Defense Cites Right to Speedy Trial
Defense attorneys argued that the government’s failure to commence trial within the statutory period violated their clients’ constitutional rights to a fair and speedy trial.
The prosecution acknowledged that the case had been delayed but attributed the failure to the court’s heavy docket and other ongoing proceedings that prevented the matter from being assigned for trial.
Judge Feika nevertheless ruled in favor of the defendants’ motion, emphasizing the importance of the constitutional right to a speedy trial and statutory protections against prolonged prosecutorial delays.
While the dismissal does not permanently bar the government from pursuing the allegations, any future prosecution would remain subject to applicable legal requirements.
The ruling highlights the judiciary’s role in enforcing statutory timelines and protecting defendants from indefinite delays in criminal proceedings.