Aweil Communities condemn Justice Makuei’s mishandling of Mr. Arthur Akuein’s case
F.A.C.C condemns Justice Makuei’s mishandling of Mr. Arthur Akuein’s case: victimization of Aweil citizens should stop.
July 24, 2007 — The Federation of Aweil Communities in Canada (F.A.C.C) would like to inform the general public that the case involving Arthur Akuein Chol and Justice Minister, Makuei Lueth is, without a doubt, a classical political wish-hunt. But, perhaps, the most disheartening aspect of this politically motivated case is that it was being engineered outside established legal system. It has been nearly four months now since citizens of South Sudan were informed of a committee formed to investigate an alleged scandal by former Finance Minister, Arthur Akuein Chol. To this day, members of South Sudan are still waiting for the outcome of the investigation. We, members of the F.A.C.C, are beginning to wonder whether this committee will ever publish its findings. The recent events, however, seem to suggest that the investigation was meant to be indefinite otherwise nothing under the sun would have prompted Justice Minister, Makuei Lueth to arbitrarily ordered an arrest of Mr. Akuein Chol.
Up until last week, members of the F.A.C.C, and indeed citizens of Northern Bahr El Ghazal, were keenly waiting for the outcome of the investigation over alleged scandal by Arthur Akuein Chol only to be surprised by his unlawful and unwarranted arrest. To the astonishment of many people, Mr. Arthur Akuein was arrested without court hearing or arrest warrant from any judge. In hours leading to his arrest, Mr. Arthur Akuein was summoned by Justice Minister, Makuei Lueth, and advised him not to consult his lawyers since it was a brief visit. Upon arriving at the Justice Minister’s office, he was informed of his arrest. Mr. Akuein could not believe his ears because it didn’t make sense to him that he would be deceived and arrested without being taken to court and without arrest warrant. But Justice Minister, Makuei Lueth meant his words, Mr. Akuein was told to pay 5 million dollars or face indefinite jail term. Here we must pose and ask: where in the world does legal system function like that? The whole case appeared as if Justice Makuei Lueth was the judge as well as persecutor of the case. Any impartial person would definitely agree with us that the recent case clearly shows how bankrupt the judicial system under Makuei Lueth is. Even a village chief without legal background would know when and how to arrest a wrong doer; he would never do it in the manner in which it was done by Justice Makuei Lueth.
The illegal arrest of Arthur Akuein was made without knowledge of his defense lawyers and judiciary community in Juba.
Upon realizing that he was deceived, Mr. Akuein Chol summoned some members of Aweil community as well as other senior government officials to witness what was unfolding. People came and tried to reason with Justice Makuei Lueth by telling him that what he was doing was wrong and that Arthur Akuein’s case was pending investigation. But Makuei Lueth could not be swayed by such wise advice. At his capacity as acting President of GOSS when President Salva was leaving for China, Vice President Dr. Riek Machar was informed about what was going on. He intervened and did what every leader would do in a similar situation, but Makuei Lueth couldn’t listen to his superior. Other government figures like Hon. Kuol Manyang also tried their best to turn things around but to no avail as well. Determined to execute his and group’s agenda, Justice Makuei Lueth went ahead and ordered policemen to take Mr. Akuein to a commoners’ custody without regard to constitutional position which Mr. Arthur still holds. We would like to inform the reader that Mr. Arthur Akuein is a member of SSLA representing Aweil South County. At that point of Mr. Arthur’s arrest, the whole issue began to look more personal than legal. Aweil community members went as far as accepting to pay a bond but Makuei Lueth, who was obviously bent toward seeing Akuein Chol imprisoned, refused the offer and immediately turned off all his telephones in order to block communications. As planned, Mr. Arthur Akuein was taken to prison at 2.00 pm and remained there till 9.00 pm.
As if Justice Makuei’s action was not provocative enough, he ordered the police to take Arthur Akuein into criminals’ prison where those with grave crimes such as murderers are kept. Makuei Lueth ignored the fact that Arthur Akuein was an MP of parliament who deserved some level of respect even if he were indicted by the court. It was at around 9.00 pm, after Justice Minister had refused to communicate with anybody including his superiors and after all efforts to bail Arthur Akuein out had failed that small number of unarmed Aweil youths in Juba were able to convince guards to hand over Mr. Arthur for one night since his security wasn’t properly taken care of and Justice Makuei’s motive was highly suspicious.
As soon as Arthur Akuein was taken home by Aweil youths, Justice Makuei Lueth’s “hired guns” went on campaign trail by misinforming every media outlet including Al Sahafa in Khartoum that “nine cars filled with well armed men believed to be from Arthur Quinn’s [sic] Dinka tribe …” had forcefully removed Arthur Akuein out of prison. These same liars sent by Justice Makuei went as far as misinforming the public that the same alleged attackers “also attacked the residence of the legal advisers, which was vacant at the time.” Who would belief in such lies? We believe that all these lies were fabricated in order to fulfill one agenda: to portray Aweil people as lawless, a charge that will never hold water. At the time of this press, Justice Makuei’s group of liars was aggressively disseminating inaccurate and questionable information on various discussions fora against Arthur Akuein and Aweil Community. It’s worth mentioning that Aweil community and indeed majority of peace loving citizens of South Sudan have been following this malicious campaign against Aweil community with increased concern.
Therefore, F.A.C.C wishes here to inform Southerners that no such thing as “Aweil soldiers had forcefully removed Arthur Akuein from prison” ever took place; all these lies are part and parcel of overall propaganda meant to destroy political standing of Arthur Akuein and Aweil people. Arthur Akuein was removed by unarmed youth who were understandably frustrated by Justice Makuei’s illegal activity. If Justice Makuei had followed established legal system, no Aweil citizen would have dared cross the legal line but the manner in which Mr. Makuei had approached the case was legally wrong and leaves a lot to be desired. It has to be recalled that Mr. Arthur has been under house arrest for four months without trial but no single Aweil youth ever ventured to do anything about it, let alone removing him from prison as it is being claimed.
Sadly, Justice Makuei’s group has been misinforming the public that “Aweil soldiers” removed Akuein Chol from prison by force while failing to remember that Aweil does not have soldiers of its own. The language being used by Makuei Lueth and his group explains exactly what they were thinking when they conspired to arbitrarily detain Akuein Chol without giving him chance to defend himself in the court of law. The constitution of South Sudan is quite explicit on cases like this: every citizen is presumed innocent until proven guilty in the court of law. How could Justice Makuei Lueth, a presumed custodian of law, forget this key clause in the constitution of the land? We hope SSLA will demand honest answer to this question from Justice Minister.
Having clarified what transpired in Juba last week, we must at this point pose and ask the following questions:
1. Where in the world do people get arrested without arrest warrant from the court? Additionally, where in the world do people under house arrest get arrested by the police without having shown signs of escaping? Where in the world do members of parliament get jailed in criminals’ prisons without regard to status? In our view, this only happens in judicial system run by tribal or sectional minded Justice Ministers. What we and indeed, the rest of South Sudanese expected was that, investigation committee was going to present its findings regarding the alleged crime by Arthur Akuein to the court. Then the court would try Arthur Akuein based on the findings. However, instead of following the normal legal procedures, Justice Makuei Lueth decided to arrest Akuein Chol without regard to every factor mentioned thus far. And when his intention was exposed, he was the first to mobilize people against Akuein Chol and his community. What is it that Justice Makuei Lueth out to accomplish, if we may ask?
2. If Akuein Chol was to remind in prison, as Justice Makuei intended to do, what would have happened to on-going investigation? Would it be stopped since the arrest and imprisonment of Arthur Akuein would have implied that he, Arthur Akuein, was found guilty and convicted outside the court? Similarly, if Justice Minister knew that Arthur Akuein was guilty of anything, why couldn’t he present those charges to investigation committee who would in turn present them to the court? Why did the government waste national resources by forming needless investigation committee if “legal expert,” Justice Makuei knew that Arthur was guilty? Unless Justice Makuei Lueth had forgotten the on-going investigation, something seemed to be terribly wrong with how he, Justice Makuei, wanted to jail Akuein Chol
3. What prompted Justice Makuei Lueth to refuse communicating with people including GOSS leaders? What were the motives behind his hasty decision to jail Arthur Akuein without consulting GoSS and Legislative Assembly? Why was Justice Minister turning down those attempting to bail Mr. Arthur Akuein out? Southerners deserves honest and immediate answers from Justice Makuei Lueth.
From legal point of view, Justice Minister Makuei Lueth should have made his findings known to at least Arthur Akuein Chol’s legal team before rushing to arrest Mr. Arthur. Secondly, he should have presented his case in court of law so that Arthur’s fate was decided by judges and not ministers like him. However, one might wonder: what prevented Justice Makuei from following legal procedures. Well, the answer lies in what we consider as calculated conspiracy against Arthur Akuein and members of Aweil community in the GoSS. It wasn’t long ago when Justice Makuei’s colleague, Hon. Dr. Luka Biong, Minister for Presidential Affairs, had this to say during his presentation in Melbourne, Australia: “Although the minister of finance try [sic] to distance himself from all these [corruption allegations], the events clearly indicate that he is a party to all these and we will work to prove our government right.” Indeed, the Justice Minister in collaboration with Presidential Affairs Minister are working “very hard” as they promised to prove their government right. What a coalition of experts?
Judging from his deeds, Justice Makuei was only filling Dr. Luka’s promise, to prove their government right whether by hook or crook. Nevertheless, Justice Makuei was disappointed that he didn’t succeed to lock Mr. Arthur up for the rest of his life. Now, the minister is venting his wrath on innocent Mading Aweil Youth in Juba threatening them with unspecified jail terms for allegedly freeing Arthur by force. The scheme that is at work in the Justice Minister’s office, as we speak, is to drive youth of Northern Bahr el Ghazal out of Juba so that people like Dr. Luka and Justice Makuei are able to target and subdue their prey at will and at the time of their choosing. This will not happen because we are watching!
At this juncture, members of the F.A.C.C would like to condemn, quite strongly, the illegal and premature decision by Justice Makuei Lueth to arbitrarily attempt to jail Arthur Akuein without court’s ruling. Justice Makuei’s decision was not justified under any known law; he should have waited for the findings of the investigation before considering arresting Mr. Akuein Chol. We belief that Makuei Lueth’s decision has gravely undermined the on-going investigation and therefore demand that, he, Justice Makuei be removed from handling the case because he can not longer be trusted to play impartial role on the case since he has demonstrated conflict of interest. If Justice Makuei is allowed to continue handling this matter, there is every reason to belief that he will manipulate the case to suit his interest and not that of the nation. We also condemn Justice Makuei Lueth for putting his interest above national security. His premature decision to arrest Arthur Akuein without waiting for the findings of the investigation and without regard to known law had greatly jeopardized national security. His action had the potential of triggering a very messy situation in Juba. This should not go unpunished.
Pertaining to his intention to arrest Aweil youths in Juba, F.A.C.C wishes to strongly advise Justice Makuei Lueth to reconsider his provocative pursuit, for he has done enough image-damage to Aweil community already and should stop at that. Secondly, Justice Makuei was the first to break the law despite being the head of the legal department. Therefore, if anyone is to be punished, it would definitely be Justice Makuei Lueth himself who regrettably abused the powers entrusted on him by the GoSS. Aweil youth action was fully justified as it was provoked by Makuei Lueth’s malicious decision and motive. Furthermore, Aweil Youths decision to remove Arthur Akuein from prison was a pure act of protest against injustice being practice by Makuei Lueth. It was also prompted by concerns over personal safety of Arthur Akuein. If Justice Makuei thinks he still has moral and legal integrity to bring justice to anyone, then he had better look some where else because Mr. Arthur isn’t proven guilty yet.
We would like to end this article by saying that Arthur Akuein should be given opportunity to defend himself in the court of law without unnecessary interference from those who want to prove their government right. At the same time, we would like to reiterate that Justice Makuei Lueth be removed from handling the case because the issue seems to have become personal between himself on one hand and Arthur Akuein and Aweil community on the other. Finally, our youth in Juba must not be victimized under any circumstances as they are law abiding citizens. However, if they are unfairly victimized under similar circumstances by Justice Makuei’s hired-guns, then our youth have every right to defend themselves.
Signed:
Sabrino Majok Majok,
President,
Federation of Aweil Communities in Canada (F.A.C.C.)
Deng
Aweil Communities condemn Justice Makuei’s mishandling of Mr. Arthur Akuein’s case
It’s totally corruption, if we can depended our leaders according to clan, this will not bring democrarcy in the southern Sudan. It is good if we can solved our problem through justice. let one be hail acountable of his or her own problem. There nothing like community, if there was community we couldn’t defeated the Arabs during those 22 years of war. If we do thing of community, then which community fought most during those years of war? I think No body can say we did, but now we are fueling problem among ourself. let us think of what Jallaba are doing now they are trying to violating the CPA.
Many commuinties are crying to have been marginalied and they rest are depending their brother.which is which. we needs to think about what the arabs leaders said sometime back in two 2005 they said that Southern can’t rule themself unless we rule them. This is true now we do not know how we can solved our problem with in simple problem we do put it in our communities that were form during this days, because 20 dollas billinorder to support our leadership. this will not work at all.
Arabs are thinking of how they will violate the CPA and we are thinking of depending our brothers, where will they works if the CPA is violated?
Nick
Aweil Communities condemn Justice Makuei’s mishandling of Mr. Arthur Akuein’s case
the fact is that Akuein has been freed forcefully. where in the world is justice done in that manner? maybe in the US where you are and i rarely doubt it.
the fact remains that Akuein has greatly contributed to the embezzelment of public funds and it is a fact that some of you(his clansmen benefitted from his unshameful theft).so you feel ashamed as well. no doubt about that.
You are trying to victimise Makuei Lueth forgetting that it is the law of the land that was taking its course.i wish justice makuei was from Bhar el ghazal.Don’t forget that Akuein was not the first to be house arrested.
your actions are simply turning southern Sudan into another Somali where the law lies in the hands of the strong and the majority.anyway, the government is yours, spoil it, loot it,or sell it, is all your choice. you by nature are lawless no doubt about that.it’s your turn.
advice the president to sack Makuei and replace him with one of your clansman so that you will be acting at your own will without question.that’s what you cherish.
in as much as you were trying to protect your corrupt uncle, it was done in a very primitive way.you are sending the message that Mamur’s clansmen should do the same. what country is this?
those of you who are in th US should play a constructive role but not supporting the poor actions of your brothers. Let’s all play a constructive politics.
Nick
Michael
Aweil Communities condemn Justice Makuei’s mishandling of Mr. Arthur Akuein’s case
Well, let me warn Aweil Community that Justice Makuei Lueth has a community. You don’t hear about his community every time here becauase he did not embazzled public money for his community that’s the only different here. It’s so shameful for Aweil community desires for Southern money leading to tribal minister stealing money and they are really trying to turn over their greed to someone else.
There is African saying that “catch the theif but be careful!” otherwise the thief would kill you on spot before you even claim your stuff. It’s true here for Aweil community leader to steal the public money and now they are attacking the justice system. Let me give you advise Sabrino Majak, there is nowhere anybody would get that 5 millions in one day if it’s not that money stolen is being brought out for Akuein bond. Please just pay it back to the government otherwise breaking into the jail to free Akuein by force will end up in the disaster. You will meet another strong force than Aweil gangs. How can you go by force to the jail to take out Akuein by force and now turning to take about justice system. It that a system? By whose order was he freed? Justice Makuei respects the rule of law and that’s why he is still a minister now.
Thank you
Manyok Mabiei
Aweil Communities condemn Justice Makuei’s mishandling of Mr. Arthur Akuein’s case
It is Outlaw from “Aweil Community” to Threat Justice Makuei Lueth in the GOSS
The systems of South-Sudan is under one umbrella/Constitution leading by Judicial-reviewers and Executive Cabinets who reinforces the power of the whole South, that all including the ten States within the country. And also enforcement by sub-branch of legislature power to safe the whole States, as all in eyes of Southerners, but not particular one state or community serve for power. All powers are under the Cabinet Administrative of President of South-Sudan and Vice President of South-Sudan to care for any jeopardy of immunity in the country or state.
Essentially, all are responsibilities for government of South-Sudan without single community interfering and claiming presides of negative defense or affirmative defense without common law of the GOSS of productive of evidence inside the country. But it is hearing less from “Aweil Community” to defend who plead found guilty of criminal charge on rely on their general denial, as it so-called negative defense. It is truly right through judicial reviewers, entrapment to defense where improper governmental work and serve for all citizens with affirmative defense of properties of country. However, a few people of “Aweil Community” claiming and acting in self-defense by using force to defend their son without a law of preponderance of the evidence in their work to release the victim without authority by law. There is no doubtable incase of Mr. Arthur A. Chol who involved in criminal responsibility to be analyzing by law, but not enforcedly by the Community of Awiel. As the minister of finances wasn’t under Aweil Community serve, he was under the government of South-Sudan accountable for government care. Even, if he cunning the GOSS, then he must follow they rules of preponderance of the evidence of the law in Country. But in such kind of mistaken facts that people of Aweil Community lured to Hon: Justice of Sudan South “that is called outlaw and negative defense” in the eyes of the Southerners. The Honorable Judge Michael Makuei Lueth was not emitted in the position of the Community or State. He was elected to serves the whole country enlarge of Southern-Sudan Government to follow the rules of common law of realities in the GOSS.
If people of single community claiming that, the Hon: Justice Makuei mishandles the case of victim of crime in the eyes of the Southerners. That will be called in proffering a defense asserting in the underground in the term of mental not to think about the general rules for law of evidences. The case is not between Judge and the victim of the problematic, except the term law is dead in “Great Aweil Community in Bhra-El Ghazal” region of supporting the nightmare of victim of the case in wrong way. The defenses of asserting of committed a crime is not allowed in the law of true and in the public of law without finally hearing by court of the law of government. In the truly speaking, the Judge is following the rules which are written in the book, but is not on his own work to apply in the public judge cases. Because, of this “title called Federal Aweil Community in Canada F.A.C.C” that condemning Justice Makuei’s mishandling of Mr. Arthur Akuein’s Chol, case is not a way to solve things or work quickly. That is not right and is called violation of the Common Law of Judicial of review; the cases are not view without full evidence in the whole world, except the law is dead in South-Sudan or Aweil Community. So, in your conspiracy between Ministers of finance in the GOSS is out lawlessness to hear by Southerners in such footsteps of condemning the judge or judges in the GOSS. It is outrage to use such letter and emitted on your website or SouthSudannation-web that you hosted. And claiming the judge misleads the case of the victimized of crime of the government property, but not Aweil Community property!
Therefore, the Judicial Administration of law takes adequate time to view the cases in the term, which is found guilty or not guilty of the case. But, if people hurry and involved to supports untrue of evidences behind the case and claims Mr. Arthur and Judge have problematic behind the living backyard. That is not law to say that, evenly if he was not found guilty, then he will be guilty in such procedure you miscomputing in eyes of the whole Southerners. In such amounts of 50,000.000 or 60,000,000 dollars looted in the hand of Minister of Finances and you seemingly hurry to dissolve the case or turn around case as personal between judge and Arthur. That is not acceptable and also it encouraging a term looting in the Government of Mr. Kirr-dit. In your mistaken of facts as Aweil Community in the field of assert of defending larceny case where there are technical questionable of full guilty found that will not helping Arthur in the hand of the law. In the way, we quoted from you is called “maxims of ignorance of the law” of no excuse toward Mr. Arthur A. Chol that was found full guilty of misused 6 or 5 million dollars in his hand. While, the community also started a work forces to release the Minister by force. How do you think in such misconduct? It is called abusing power from top to the low level of government. If, people like you defending the victim who loose 6 millions of dollars in eyes of thousands of the Southerners and that is called “outlaw” to hear by people of the South, who eagerly for a better development in the country.
However, in truly work, the self-defense is there in a common law, but is not allow by force that you all reflected in term of corruption in the government. Is that not wrong? In the law of country you can’t attacking the public obligation and call people by name or use a word condemning, while the Judge is serving for whole nation. Is that true or horrific? In such kinds of defense in Aweil Community applied here are called the negative defense of wall. It is true not to go beyond of obscene, as according to the law of freeman around the world, to use threats words to call person name that is illegally work. As we all know in every law from “civil law and criminal law” they all have differing rules of conduct of the cases in the government or in the community or state. Also in the majority of courts, whoever found guilty in principles of law a person is carrying his/her own across with law, but not randomly defense? As it is allows in every law a person under arrested, no one allow to use threats or intentionally use force against the law of the government.
Well, in the entirely truly world at common law, a defender has the right to use reasonable force to prevent him or her with reasonable manners, but not forcedly manners. When all the majority of Southerners read your articles, all are soundly unhelpful as Aweil Community itself in Bhra-El Ghazal to practice the illegally work in the term of no justice. As you are right peoples who should hold the word condemning, instead of Mr. Judge Makuei Lueth in the court of law of the South-Sudan. The defense of the property is not allow in the law of common, evenly you right to defend your son or property is more limited in the whole eyes of the Southerners in the you all claiming about the case of “Minister of Finances”, who lose the million of dollars for the government of South-Sudan.
As accordingly, to the statutory of defenses are based on constitutional and the law of the Government to defend the victim, but not all the community soundly like defending a man who found guilty of misleading the Government in wrong direction? On the other hand, they performances of immunity is carrying under approval of court of the law to grants the truly of case to be solve in light weight of the law. In every international law, also a person who has authorities to serves as part of a diplomatic mission, he/she should be respect in the power or in duty. We think, in Aweil Community shouldn’t allow what is called double jeopardy that Mr. Arthur A. Chol done and he has been found guilty needs another claim to see another misconducts without pay for the government property in right time. In historically of law, requires for proof beyond of no reasonable doubt in criminal trial, that why the case is delaying by the law of Southern to charge Mr. Arthur A. Chol, but not Judge Makuei Lueth who is guilty of problem as you all think about?
So, the government of South doesn’t allow misconduct of a gambling in the government business in term of privacy work allows. Mr. Arthur A. Chol will be charge by law and also he will be carrying his own across out of Aweil Community, as he was hired by GOSS, but not Aweil privacy business. He will tell where those millions of dollars disappeared in his hand with his wrongdoers, who also follow behind the case. It is obviously, anyone lawfully incarcerated in a prison or jail has no reasonable expectation of privacy allow relatives. No reasonable doubt, the “Supreme Courts of South-Sudan” should view the case in the probable in the term of commonsense to decide in light of the totality of circumstances within the Judicial reviewers, but not Judge Makuei himself in abandoned. In every law the judge can’t make a private individual work to arrest the citizens without a warrant for a felony or from other reinforcements in the government. As the common law said the progressing of judges came to insist on proof that confession was made voluntarily, before it could be admitted in the light evidence. We heard the whole community of Aweil claiming of preliminary hearing of Mr. Arthur A. Chol is delay, which is not true. The Aweil, need the better manners of diverting the whole Southerners to understandable the case of Mr. Arthur with better hearing from the Court of Law in South-Sudan.
In above all, in Aweil Community of extradition or immunity to bail out a Minister of Finances by force, it is unlawfully to hear by Southerners, except the law of the true is dead in Government of South-Sudan. There is no doubt Mr. Arthur Chol will not carry his own across in the open public trial in GOSS in well procedures of justice to ratify the conclusion of his guilty. But not threats or forces in such of messages that all Aweil Community wrote. But you are not all attorney to support a heavy crime that Minister of finance committed of loosing millions of dollars In your argument you are false of misleading the case in wrong direction of calling “Judge Name” without calling the Federal courts and State courts of law toward a judgment of acquittal in eyes of the all judges in the Government. That is not freedom work or the right of speech you all claiming through your letters you all submitted to the Public of Southerners. (So you are all condemned by Southerners in such habits of devoid the heavy crime in your stick yard.)
By Manyok Mabiei/son of Bor in exile
Chicago, IL, U.S & he can at http://www.madingbor.com