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Judge Feika denies Jewel Howard-Taylor’s bail motion over alleged drug offenses

NATIONAL NEWS

MONROVIA – Assigned Circuit Judge of Criminal Court “C” at the Temple of Justice, Ousman F. Feika, has denied former Vice President Jewel Howard-Taylor’s motion to be admitted to bail, ruling that the statute of limitations does not bar the prosecution’s allegations.

By: Trokon S. Wrepue – trokon1992seokin@gmail.com

The ruling, delivered Thursday, September 24, follows Taylor’s arrest and subsequent detention by national security authorities over allegations of her involvement in drug-related activities.

The Judiciary said the charges stem from alleged violations of Liberia’s Controlled Drugs and Substances Act of 2023. Judge Feika is currently assigned to Criminal Court “C” at the Temple of Justice in Monrovia.

According to the police charge sheet cited by the Judiciary, Taylor faces allegations including importation of controlled drugs; unlicensed exportation of controlled drugs and substances; unlicensed sales, trading in transit and transportation of controlled substances; abuse of office; illicit trafficking; criminal conspiracy; criminal solicitation; money laundering; and aiding the consummation of a crime.

The allegations remain subject to judicial determination, and the denial of bail does not constitute a finding of guilt.

Taylor challenges use of 2023 drug law

In her motion, Taylor argued that the allegations contained in the writ of arrest relate exclusively to events allegedly occurring in 2021 and 2022, before the enactment of the Controlled Drugs and Substances Act of 2023.

Her lawyers relied on Article 21(a) of the Liberian Constitution, which prohibits the application of a law or punishment to conduct that occurred before the law took effect.

The constitutional provision states: “No person shall be made subject to any law or punishment which was not in effect at the time of commission of an offense, nor shall the Legislature enact any bill of attainder or ex post facto law.”

Taylor’s position was therefore that prosecuting her under the 2023 legislation for alleged conduct dating back to 2021 and 2022 would amount to unconstitutional retroactive application of the law.

Prosecution says alleged conduct continued into 2026

State prosecutors rejected that argument, maintaining that the alleged criminal conduct did not end in 2021 or 2022.

According to the prosecution’s position outlined in the Judiciary’s statement, Taylor’s alleged conduct continued through August 2026, bringing the case within the scope of laws applicable to trafficking and the sale of controlled substances.

The prosecution particularly pointed to alleged money-laundering transactions that it says occurred as recently as August 2026.

Judge cites continuing-course-of-conduct provision

In denying the bail motion, Judge Feika held that the fact that alleged criminal activity may have begun in 2021 or 2022 does not, by itself, prevent prosecution if the government alleges—and can ultimately prove—that the conduct continued through August 2026.

The judge relied on Chapter 4, Section 4.6 of Liberia’s Criminal Procedure Law, which addresses when an offense is considered to have been committed.

The provision generally provides that an offense is committed when the last act or event necessary to establish the offense occurs. It further provides that where legislation is intended to prohibit a continuing course of conduct, the offense is considered committed when the last act in that course of conduct occurs or when the defendant terminates their involvement.

Applying that provision, Judge Feika determined that the alleged money-laundering transactions extending into August 2026 fall within the applicable statutory limitation period.

The ruling means that the court did not accept Taylor’s argument that the prosecution is automatically barred because some of the alleged conduct dates to 2021 and 2022.

Bail motion denied, but trial challenges remain open

Judge Feika, however, made clear that his ruling was limited to the statute-of-limitations issue raised in the bail motion.

He stated that the denial was “without prejudice” to Taylor’s right to challenge the prosecution’s evidence and its ability to establish the individual elements of the offenses during trial.

In other words, the ruling does not determine whether Taylor committed the offenses alleged against her. It determines only that the case cannot be dismissed or prevented from proceeding on the specific limitation and ex-post-facto grounds presented in the bail motion.

“The motion to admit to bail on statute-of-limitation grounds is therefore denied, without prejudice to the defendant’s right at trial to challenge whether the prosecution has established the elements of each charged offense.”

The latest ruling keeps the former Vice President in detention as the criminal proceedings continue.

Taylor’s case has attracted significant public attention because of her former position as Liberia’s Vice President and the nature of the allegations against her. Earlier in August, the Judiciary reported that a court had rejected a request for compassionate leave and ordered her to remain in custody.

The case now moves forward with the prosecution expected to face the burden of proving the charges against Taylor in court, while the defense retains the opportunity to challenge the evidence, the applicability of the charges and whether the prosecution can establish every required element of the alleged offenses.

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