When President Joseph N. Boakai took office on January 22, 2023, he declared drugs a national emergency. He requested that all public officials submit to drug tests, which he and his vice president, Jeremiah Koung, initiated.
Lawrence Yealue, a social change activist, said the call by the president is on the right track. “We said that All Public Officials should submit themselves to A National Drug test, beginning with the President and Vice President, all security actors, especially the Head of the Liberian Drug Agency and the Inspector General of the Liberia National Police, All Civil Society Leaders, etc.
According to him, it is the starting point for the war against drugs to save our future generations. Finally, we are tired of hearing nice speeches without implementation. Fingers crossed, it would not be business as usual, according to the president.
To ensure this becomes a reality, Boakai then appointed Abraham Kromah to head the Liberia Drugs Enforcement Agency (LDEA).
Shortly after his appointment, Kromah was seen in a live Facebook podcast arresting drug dealers and addressing the media, and his team is also seen doing the same in various parts of the country.
Those news stories are seen here, here, and here, among others.
Kromah, in an interview with Spoon Talk on February 21, 2024 (2:42:23/4:24:19), told the public that the new drug law states that those who are caught dealing drugs will face the full weight of the law and the property that facilitates the crime will be turned over to the state.
“ The forfeiture component of the drug law says that when the drug is there and we pass through the right channel and get you, you will forfeit the property. And then, when we arrest you on the government’s land, we will kick you out. You don’t have any more right to be there,” Kromah said.
He called on drivers to be careful of what they transport because if their vehicles are arrested with drugs, they will not be able to retrieve them.
To explain the LDEA Director’s statement to the public, The Stage Media contacted Col. Kromah to provide clarity as well as a copy of the new drug law, but he has yet to respond to our inquiry since February 22, 2024.
TSW was, however, able to obtain an act amending Chapter 14 of the drug law, which was approved by the Legislature on July 12, 2023, and published by the Ministry of Foreign Affairs on July 19, 2023.
According to Chapter 14.97, under forfeiture, “proceeds derived from offenses under the subchapter, or property whose value corresponds to that of such proceeds on the court’s order, shall be confiscated and forfeited upon final determination of the matter.” Controlled drugs or Commission of Offenses other instrumentalities used in or intended for use in any manner in the Commission of Offenses under this subchapter shall be subject to, with respect to the penalties imposed, confiscation and forfeiture in favor of the government of Liberia, under the Civil Procedure Law, including but not limited to, money and other assets obtained thereby, and the instrument or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act.”
Also, chapter 14:98: Distribution and Use of Proceeds Conceived and/or Fought states that “ all proceeds derived from offenses under this subchapter or property, the value of which corresponds to that of such proceeds, when confiscated and/or forfeited, shall be distributed as follows: twenty-five percent (25%) to drug and controlled substance abuse rehabilitation programs; twenty-five percent (25%) to drug and controlled substance law enforcement programs; and fifty percent (50%) to the general revenue of the Liberian government.
The proceeds allocated for drug and controlled substance abuse rehabilitation programs and for drug and controlled substance abuse law enforcement programs shall be in addition to, not in lieu of, any budgetary appropriation that shall be made in the national budget for these programs.
Conclusion: The amended 14 indeed speaks about the forfeiture of properties. Therefore, Kromah is correct on the claim.
