Explainer: Legal Grounds for Handcuffing Defendants Under Liberian Law
RW
R. Joyclyn Wea
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Police in Monrovia charged Peter Bonor Jallah, an officer of the National Security Agency (NSA), with statutory rape and gang rape following his January 7 arrest. The Allegations:
The mother of the 16-year-old survivor filed a complaint alleging her son was sexually assaulted by Jallah. According to the survivor's account:
The boy had performed domestic work (washing cars, sweeping) at Jallah's Airfield, Sinkor residence, in exchange for money
Jallah allegedly raped the victim on two prior occasions at his home: November 29, 2025, and December 24, 2025
On January 1, 2026, after a football game, Jallah allegedly lured the victim by offering to buy him football boots, then took him to another property on Camp Johnson Road where he and accomplices allegedly gang-raped him
Police Investigation:
Investigators found probable cause based on:
The victim's detailed account and ability to accurately describe Jallah's property
Evidence contradicting Jallah's denial of contact with the victim and corroboration during scene visits
Jallah has been formally charged, and the case forwarded to court. Police are working to identify additional suspects involved in the alleged gang rape. His appearance at the grounds of the Supreme Court of Liberia without a handcuff has sparked public debate.
One such individual who spoke against, is Amara Kabah, questioned , a believe, supporter of the opposition Congress for Democratic Change. He compared a situation in which a Liberian musician was handcuffed and carried to the police station for being caught with a drug. On 12 December 2025, Liberian superstar Karwoudou Cole (Bucky Raw) was arrested after Liberia's Drug Enforcement Agency found suspected drugs in his home.
Under Liberian law, handcuffing isn’t automatic. It’s treated as a form of “restraint” that may be used to make or maintain an arrest, but the law also requires officers to avoid unnecessary or unreasonable force and not impose any greater restraint than is necessary to keep the person in custody. In practice, that means handcuffs are lawful when they’re reasonably needed for safety or security, such as preventing escape, managing resistance, or controlling risks during transport, but they can be challenged if they’re used when the circumstances don’t require that level of restraint, which is at the discretion of the arresting officer.
TSM research found Liberia's Criminal Procedural Law, section 10.3 title 2 adopted in 1969-70, on the use of handcuffs and restraints on criminal defendants. According to the provision, no unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than is necessary for his detention.
This means that under Liberian law, handcuffs can be used during the arrest and detention of a criminal defendant, but only to the extent necessary for the person's detention and that the restraint must be reasonable and not excessive.
The law establishes that restraints (including handcuffs) must meet a necessity standard—they can only be used when actually necessary to secure the defendant's detention and prevent escape or ensure safety.
The legal standard is focused on individualized assessment—whether restraints are necessary for that particular defendant based on factors such as
Risk of escape
Risk to courtroom security
The defendant's behavior and criminal history
Nature of the charges
A video shows Raw and those inside the residence during the arrest initially attempted to prevent the officers from entering, accusing the LDEA agents of being drug users and drunken officers acting under false pretenses. Minutes later, the agents forced their way in to conduct a search. This video implies that Bucky Raw might have been a flight risk or uncooperative during the said arrest, which could have led to him being handcuffed, unlike Jallah.
Legal Expertise:
We check across different platforms to see what debate was unfolding about this topic. one of such comment we encounter is from Jeremiah Samuel Dugbo, a Liberian lawyer who has represented and pleaded many cases, including "a murder case involving former Chief Justice Gloria Musu Scott and Miss Liberia second princess, Atty. Wilson."
Atty Dugbo wrote that the use of handcuffs during an arrest lies within the discretion of the arresting officer, guided by the suspect’s conduct, level of cooperation, and prevailing security considerations. Where a suspect is compliant and presents no apparent risk of flight or danger, an arrest may lawfully be effected without the use of handcuffs.
"Accordingly, the presence or absence of handcuffs does not, in and of itself, establish guilt or innocence, nor does it determine the legality or validity of an arrest," Dugbo said.
Equally important, he said, is the issue of the accused’s demeanor. Facial expressions or conduct during arrest, such as the suspect being observed laughing while entering court, do not constitute proof of innocence or guilt. While some may interpret such behavior as a lack of remorse or arrogance in light of the gravity of the charges, others may view it as a psychological response to stress, shame, or guilt.
In criminal justice, demeanor evidence is inherently unreliable and cannot be a disposition of culpability. Ultimately, guilt or innocence is determined by evidence adduced at trial, not by subjective interpretations of behavior.
Atty. Dugbo's point was supported by former Bong County lawmaker George Mulbah, as seen in the screenshot below. Conclusion: Due to our search and the legal perspective contained, Liberian law permits the use of handcuffs where a suspect presents a risk of flight, danger, non-compliance, and criminal history.
