Legality and Logic – Seven (7) Reasons why Sierra Leone could not extradite or turn over Henry P. Costa

By Martin K. N. Kollie
Contributing Writer

The Perspective
Atlanta, Georgia
January 22, 2020

I am not a graduate or a student of the Louis Arthur Grimes School of Law. Neither do I claim to be a legal scholar or a paralegal, but I have made it my duty as a young activist to pen and proffer this legal defense on behalf of comrade brother Henry P. Costa. I thought to share my opinion on this matter by using ‘Legality and Logic’ as my ‘force of defense’ to ably justify why the Republic of Sierra Leone could not extradite or turn over Weah’s fierce critic, Henry P. Costa. Here are 7 genuine reasons to consider:

1. Henry P. Costa was not ‘Extraditable’ or he was not an ‘Extraditable Person’ because he was not charged, tried and convicted of any crime. According to International Extradition Laws and Procedures, Henry P. Costa (HPC) was not subject to extradition because he did not fall in these legal categories or parameters:

a) Charged with a crime but not yet tried;

b) Tried and Convicted but escaped custody;

c) Convicted in absentia.

Costa’s situation did not warrant extradition in any form or manner. The extradition request by the Government of Liberia through the Bureau of Immigration and Naturalization (BIN) lacked legal validity. Therefore, Sierra Leone could not extradite or turn over Henry Costa.

2. There is no extradition treaty between Liberia and Sierra Leone. There is a difference between an Extradition Act and an Extradition Treaty. According to Public International Law, an Extradition Act only regulates extradition within countries while an Extradition Treaty regulates extradition between countries (e.g. Nigeria–South Africa Extradition Treaty of 2004 and UK–US Extradition Treaty of 2003). There is no Liberia–Sierra Leone Extradition Treaty as of this date. These are the only 2 legal instruments or statutes which separately deal with extradition in each country, but there is no treaty whatsoever between both countries:

a) The 1974 Extradition Act of Sierra Leone;

b) The Criminal Procedure Law, Part 1 Chapter 8 (Section 8.1 – Section 8.12) – Title 2 Liberia Code of Laws Revised.

Based on this reasoning, Sierra Leone could not extradite or turn over Henry P. Costa.

3. Even under the 1974 Extradition Act of Sierra Leone, HPC could not be a subject of extradition because he did not commit any of the "28 extraditable crimes" which are prescribed in Section 2 and Section 17 (The Fourth Schedule) of the 1974 Extradition Act of Sierra Leone. Some of those offenses enshrined in these provisions are: murder – manslaughter – counterfeiting – rape – abduction – arson – robbery – bribery – kidnapping – damage of property – etc. Was Costa culpable of any of these crimes? NO..NO...NO.

Before Costa’s departure from Liberia, the Government of Liberia (GOL) did not accuse or charge him with any of the crimes supra. Even up to his release from custody in Sierra Leone, there was absolutely no accusation or charge of any kind indicting HPC for an extraditable crime. So, on what basis was GOL through BIN requesting his extradition from Sierra Leone? Even under the Liberian Criminal Procedure Law (Part 1 Section 8.3 – requisition for the surrender of fugitive), GOL’s vicious quest to extradite HPC was not only illegal but nullified or annulled.

They had no legal ground. In fact, it was HPC who first accused BIN of swapping his laissez-passer. Furthermore, the Government of Sierra Leone could not continue to hold Costa in custody because it had no jurisdiction over him as a free man. Besides, PROBABLE CAUSE was yet to be established. Even legal doctrines like ‘The Protective Principle’ and ‘The Principle of Territoriality’ were inapplicable in Costa’s case judging from Extraterritorial Criminal Jurisdiction under International Law.

So, Sierra Leone could neither extradite Henry P. Costa nor violate his right by holding him in further custody.

4. Before HPC could leave Liberia for Sierra Leone, GOL did not restrain his movement through any form of WRIT from a Court of Competent Jurisdiction. There was no ‘Writ of Arrest’ issued neither was there any ‘Writ of Ne-Exeat Republica’ banning HPC from traveling. The BIN had and/or has no judicial power to determine when, where and how any citizen should travel in and out of the territorial borders of Liberia.

Costa’s right to move freely and his right to leave and enter Liberia anytime were under attack. The arbitrary action of the GOL to unjustifiably restrain his movement, even though he was never accused, charged, tried and convicted of any crime, violated Article 13 of the 1986 Constitution of Liberia. Such action was also in gross violation of Article 12 of the 1981 African Charter on Human and Peoples' Rights and Article 13 of the 1948 Universal Declaration of Human Rights.

Because Authorities in Sierra Leone also understood the scope of the Liberian Law and other Regional and International Protocols, they could not extradite or turn over Henry P. Costa.

5. As a State Party to the 1979 ECOWAS Protocol on Free Movement and Trans-border Security, authorities of Sierra Leone would have violated Costa’s rights if they had extradited him. According to ECOWAS Protocol on Free Movement, “Unless or until charges have been filed, every ECOWAS citizen is free to travel to any member State as he or she pleases. Moreover, even if charges have been filed, and THE ACCUSED or DEFENDANT is not aware, he or she has every right to freedom of movement and to travel.”

Because President Julius Maada Bio and his government are under legal obligation and regional statutory mandate to enforce this protocol without fear or favor, Sierra Leone could not extradite Henry P. Costa.

6. Henry P. Costa, as a fierce critic of the Weah-led government, publicly expressed ‘LEGITIMATE FEAR’ of returning to Liberia. Such ‘fear’ is reasonable, permissible and justified under international jurisprudence (e.g. 1948 UDHR, 1981 ACHPR, and 1976 ICCPR). While in Liberia, HPC revealed a plot engineered by the government to assassinate him. Such revelation was also made to authorities in Sierra Leone. Sierra Leone as a State Party to these regional and international statutes is under a binding obligation to protect HPC because he fled persecution, repression and possible death.

President Julius Maada Bio of Sierra Leone could not break these fundamental laws and principles of human rights in order to appease or satisfy President George M. Weah’s illegal request to extradite his fierce critic who had escaped persecution and torture. Therefore, Sierra Leone could not extradite Costa.

7. The uninterrupted attacks on the person of Henry P. Costa by high-ranking officials of GOL, pro-CDC thugs, and pro-Weah zealots placed the Weah-led government at odds. As the leader of COP and an opposition politician, Costa along with his bodyguards has been a victim of a series of brutal attacks. His radio station (Roots FM 102.7) was forcibly shut down and his cars vandalized several times by security operatives, warlords, and thuggish gangs (Sabu Unit and Zebra Unit) hired by and loyal to the CDC-led government. The regime intended to settle political scores with Costa after he led two (2) mass-based anti-government protests on June 7, 2019, and January 6, 2020.

Furthermore, the Government of Liberia is on record for cracking down on peaceful protesters, opposition politicians, critics, journalists, and voices of dissent. Recently, President George Weah in his Church publicly threatened to slap Costa in a fistfight on Carey Street while Deputy Minister Eugene L. Fahngon said on social media, “Costa will soon die”. Since coming to power, the Weah-led government has had a BAD HUMAN RIGHTS RECORD as reported by local and international human rights organizations including the Independent National Human Rights Commission of Liberia (INHRCL).

Because the Government of Sierra Leone and the International Community are cognizant of these hostile realities in Liberia, which grossly violate basic human rights and the principles of democracy, they could not extradite or turn Henry P. Costa over to President Weah and his government.

Like I would do for any person or critic who ran away from persecution, this is how I thought to join the team of lawyers representing Costa’s legal interest. Beyond all reasonable doubts, Costa’s innocence in this matter was expressly known and no form of political machination or maneuvering could make him to return to a government that wants him dead.

The craving for Costa’s extradition or return by pro-CDC fanatics, including president Weah, was a testament of a witch-hunt, repression, and a form of dangerous dictatorship. Such brutish desire and intolerant yearning to devour a fierce critic has got to be a daydream. The Court of Public Judgment rendered the Weah-led government guilty of autocracy and tyranny. In fact, they are the real culprits of persecution and torture. And their collective guilt shall never cease to pierce their conscience. HPC committed no crime. Therefore, he was left alone as a FREEMAN.

They (GOL through BIN) officially authorized Costa’s entry into Liberia through his laissez-passer. But they were illegally resisting his departure through this very same laissez-passer they stamped/approved upon his arrival. No serious and democratic government indulges in such SCAM and brutish harassment which was simply intended to gain political capital or show strength. Strength should be shown in DEVELOPMENT and ECONOMIC GROWTH, and not to abuse peaceful citizens and harass law-abiding critics.

The action of HPC to leave Liberia under such conditions was legally justified, morally upright, and rationally prudent. The fact is that Liberia has become a zone of terror, especially for critical voices, under ex-footballer turned President George Weah. Henry P. Costa never ran away from THE LAW as his accusers and cynics may presume, but he ran away from TERROR and THE LAWLESS (a callous and unjust government). The Weah-led government has lost credibility, morality and legitimacy to preside over any case involving Henry P. Costa. Security apparatuses, like BIN and LNP, have all succumbed to partisanship and partiality. The FACTS can never lie. HPC committed no crime. Therefore, he had to be left alone as a FREEMAN.

In this age of modernity, the 'force of legality and logic' will always subdue the 'force of tyranny and repression'. In the end, the Weah-led government succumbed to DIPLOMACY, LEGALITY, and LOGIC. Down with Dictatorship – Up with Democracy. The struggle continues!

About The Author: Martin K. N. Kollie is a Liberian activist, columnist, and emerging economist (Cum Laude in Economics – University of Liberia). He hails from Bong County and is an avowed proponent of social democracy and economic freedom. Martin is a former student leader who currently lives in exile and can be reached via martinkerkkula1989@yahoo.com.

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