By T.Q. Lula Jaurey

The Armed Forces of Liberia have been accused of violating the rights of one of its officers— Gayflor Dardu, who was accused of owing a few members of the public the sum of US$10,000 along with some soldiers.

After the complaints from a few members of the public alleging that the soldier had reportedly misappropriated resources entrusted to him for business purposes, the high command of the army immediately summoned officer Gayflor Dardu and launched an investigation.

According to the information, during investigation, Officer Gayflor Dardu informed the investigative panel that the money in question was invested into a private business but promised to restitute the amount.

According to Gayflor Dardu, he had used a portion of the money to purchase a truck to get involved into transport business; sadly, aggrieved motorcyclists resorted to setting up the truck ablaze following an accident involving a motorcycle rider and the truck.

Due to the situation, Officer Gayflor Dardu said he could not service the debts on time but promised to restitute the funds during payroll deduction.

Sadly, despite his honest remarks, the AFL high command immediately proceeded to dishonorably disrobed him from the army and announced a kangaroo proceeding using the Uniform Code of Military Justice.

Legal representation denied

Following the decision by the AFL, Gayflor Dardu resorted to hiring a private lawyer to plead on his behalf, surprisingly; he AFL rejected the request saying that the AFL already had its own lawyer who will represent Gayflor Dardu.

Without respect for the Constitution and human rights, the army investigative panel proceeded to find Gayflor Dardu guilty and incarcerated him at the Coast Guard base for more than 60 days.

The AFL findings revealed that Dardu having knowledge of the lawful order issued by Provost Marshall to pay money he owed to some soldiers for tricycles, an order which was Dardu duty to obey at the BTC barracks on January 31, 2024 he allegedly failed to obey.

Officer Dardu, was charged, found guilty, and punished on the same day without being represented by a lawyer despite several efforts being made for a lawyer to represent him but refused on ground that a civilian cannot represent a soldier.

Following the one-sided verdict, Dardu appealed to the AFL to forward him to court since indeed he was no longer a military personnel but the AFL high command rejected.

Law students intervene

Dardu being a student of the Louis Arthur Grimes School of Law, his fellow students decided to intervene by paying an initial US$5000 on behalf of Dardu and pleaded with the Army to release their colleague; sadly the army rejected.

According to a receipt in the passion of this news outlet, the amount was signed for by Major Selmah Alexander on May 27, 2024, from Mr. Robert Henry Johnson II, President of the Law School Students Association on behalf of Dardu.

Despite the intervention, Dardu remained detained by the army as his basic human rights were violated.

The legal way

Working through lawyers, the Law student proceeded to complain the Army to the court, seeking judicial review.

Despite intervention made through the court twice based on Petition for Judicial Review for the release of Dardu, the AFL high command refused the court order and kept Dardu in detention for nearly three months.

Based on their refusal to have Dardu brought before the Civil law court, Judge Golda Bona Elliott of the Civil Law Court A summoned authorities of the AFL to appear before the court to show the reason why they refused to release Dardu.

Judge Elliott Writ of summons quotes, “YOU ARE HEREBY COMMANDED TO SUMMONS THE ABOVE NAMED RESPONDENT/DEFENDANT(S) IN THE ABOVE ENTITLED CAUSE OF ACTION, TO APPEAR BEFORE THE JUNE TERM, A.D. 2024, SAME BEING THE 17″ DAY OF JUNE, A. D. 2024, AT THE HOUR OF 10:00 A.M.

It also states, “YOU ARE FURTHER ORDERED TO SUMMONS THE RESPONDENT(S)/DEFENDANT (S) HEREIN TO FILE HIS/HER/THEIR RETURN(S)/ANSWER(S) TO THE PETITIONERS)/PLAINTIFF(S) PETITION/COMPLAINT, ON OR BEFORE THE 24TH DAY OF JULY, A.D. 2024.

FAILURE TO DO So, DEFAULT JUDGMENT WILL BE RENDERED AGAINST HIM/HER/THEM. FURTHER, THE RESPONDENTS ARE ORDERED TO STAY ALL FURTHER PROCEEDINGS IN THIS MATTER AND HAVE THE PETITIONER IMMEDIATELY RELEASE FROM CUSTODY, PENDING THE HEARING OF THE PETITION FOR JUDICIAL REVIEW.”

Judge Elliott commanded, “YOU WILL RETURN THE ORIGINAL WRIT OF SUMMONS TO MY OFFICE ON/OR BEFORE THE 24′”” DAY OF JUNE, A.D. 2024, WITH THE OFFICIAL RETURNS ENDORSED ON THE BACK OF THE ORIGINAL AS TO THE MANNER OF ITS SERVICE.”

What next?

To the dismay of the public, Dardu was paraded in handcuffed with a group of soldiers escorting him to court on Friday, August 2, 2024.

After dragging him to the court, the AFL immediately issued a statement on the social media, announcing the dismissal of Dardu from the army on allegations of misappropriation.

Judge Elliott immediately arranged a conference with the soldiers, informing them about what the laws provides in such a case and the need for a due process where the accused can be duly represented by and through a legal representation.

Fast forward, Dardu who was weeping in an apparent appreciation of the court’s intervention was temporarily released to his lawyers on Friday August 2, 2024.

Bystanders who witnessed the drama expressed disappointment in the inhumane conduct of the army.

They believe that such a behavior as carried out by the Army clearly reflects the dark days of the country’s history when lawlessness was the order of the day.

Below is a communication from the AFL to the Court