IPNEWS: The legal battle between the two contending parties in the controversial Press Union of Liberia (PUL) may seem far from being over as IPNEWS has gathered following last week’s mandate by Justice-in-Chamber at the Supreme Court of Liberia, Associate Justice Yussif D. Kaba to return and try to resolve the matter internally since the parties of the inky fraternity, the Independent Stakeholders Committee set up by outgoing PUL Charles Coffey was unable to meet the contending parties to find a common ground.
Last week, in order to resolve the Press Union of Liberia (PUL) controversial election conducted in Gbarnga, Bong County despite several complaints by a contending party regarding the process, which later filed a Writ of Prohibition to the Supreme Court of Liberia for redress, the Justice-in-Chambers of the High Court, Yussif D. Kaba gave the contending parties one week to settle the matter out of court.
Having called both parties to a conference on Wednesday, November 23, 2022 at 3:00 pm, Associate Justice Kaba mandated the two sides to find a way to settle the matter among themselves, saying, litigation brews hate.
Associate Kaba’s mandate was a result of a petition for a Writ of Prohibition prayed for by Julius Kanubah, a presidential candidate seeking to overturn the results of the controversial PUL elections held in Gbarnga, Bong County recently. Justice Kaba had asked the parties to do some soul-searching since they are in a fraternity.
The last week Wednesday conference was held at the Temple of Justice with contending parties present along with their legal counsels. The lawyers made presentations on behalf of their clients with intermittent questions from Justice Kaba.
The Justice-in-Chamber, Yussif D. Kaba then gave one week to the parties, and failure to meet will give the Court no option but to decide on the petition.
And so on Wednesday, November 30, 2022 the two parties in the ongoing case were expected to report to Justice-in-Chamber, Yussif D. Kaba if they had done what he advised a week ago to resolve the PUL controversial issues.
Speaking to journalists on the ground of the Temple of Justice, one of the contending parties’ Lawyer Cllr. Samuel Pearson representing Team Daniel and Bettie, said based on the Justice-in-Chamber one week ultimatum that he gave last week so that the parties can meet to have a conversation surrounding the matter and arrived to a solution, regrettably there was no progress made regarding the matter at hand.
According to Cllr. Pearson, in the course of one week, there were no progress made, so they reported that to the Justice-in-Chamber and he (Justice Kaba) in return said “the court will proceed in keeping with the law.”
He stated when a Petition for a Writ of Prohibition is filed before a Justice-in-Chamber, it means that there is an ongoing action to say, or action that has been performed “we want you to undo”. “That is the essence of prohibition. So Justice Kaba has not acted on that particular prohibition.”
Cllr. Pearson then informed reporters, that Justice Kaba said the parties did not make any progress, there he will now proceed in accordance with the law. The controversial election saga that took place in Gbarnga, Bong County on November 19, 2022.
Team Julius Kanubah Files Petition to Supreme Court
It can be recalled the campaign team of Julius K. Kanubah for the Press Union of Liberia (PUL) Presidency, headed by Mr. Raymond Zarbay, Edwin Clarke, Weemon Jallahcole, Titus Tokpah, Romeo Togba, Festus Poquie and Beatrice Sieh all of the city of Monrovia on Monday, November 22, 2022 filed a petition for a Writ of Prohibition to Supreme Court of Liberia against the outgoing leadership of Charles Coffey, Judge Boima Kontoe Resident Circuit Judge, Ninth Judicial Circuit Court, Atty. Ade Wede Kerkulah, Fabine Kwiah, Eddie Harmon, Cllr. Bobby Livingston, Atty. Al-Varney Rogers, Musa M.B. Kanneh, Daniel Nyakonah, Caroline Myers-Zodua all of the City of Monrovia.
The petitioners in the above entitled cause of most respectfully pray unto the High Court for the issuance of the Writ of Prohibition against the within named respondents for the following, that petition provides that prohibition is a special proceeding to obtain a writ ordering the respondent to refrain from further perusing a civil procedure law of Liberia.
It also states that on November 18, 2022 they filed a petition for declaratory judgement along with a motion for preliminary injunction before the Ninth Judicial Circuit Court for Bong County, praying the court to prohibit, restrain and enjoin the 2nd respondents from conducting and participating in any election on behalf of the Press Union of Liberia until the final determination of the matter at bar, and to further order the respondents to turn over power after the expiration of their administration to a neutral body to take the Press union of Liberia to election within two weeks.
That to their dismay 1st respondents vacated their injunction without a notice to them and without having a hearing of the motion for preliminary injunction and has failed and refused to serve the petitioners copies of the respondents returns to their petition for declaratory judgement, along with their motion to vacate the injunction up to and including the filing of this petitioners petition.
The petitioners also state that the act of the 1st respondent violates their constitutional rights as provided for under article 11(c) which provides that “All person are equal before the law and are therefore entitled to the equal protection of the law.” Also article 20 provides that no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this constitution and in accordance with due process of law.
Justice shall be done without sale, denial or delay, hence petitioners pray your Honor to set aside the 1st respondents decision to setting aside petitioners petition.
They also said in count five of their petition that Article 10 section seven of the by-laws and constitution of the Press Union of Liberia provides that whenever the Union is holding elections, the Election Committee shall dis-aggregate the voters Rolls and publish it in not less than two local newspaper (dailies) and not later than 30 days before congress. These mandatory provisions of the Press Union Constitution were ignored, set aside and totally disregarded, moreover, 2nd respondents elected to recruit Criminals, MCC Workers, students, Cub Reporters as well as non-Journalists and flooded the voters’ Roll.
Consequently, petitioners called for the cleaning but the respondents for the cleaning up of the fraudulent Voters’ Roll have failed, refused and neglected to do so even in the face of an injunction which is a clear violation of the petitioners rights to free and fair election, hence petitioners filed, this petition for a writ for prohibition to prohibit and restrain respondents from proceeding by the wrong rule contrary to law.
That prohibition is a special proceeding to obtain a writ may be issued to undo what has not been done legally, petitioners further state that this petition has been filed in good faith and not merely for the purpose of delay and to baffle justice.
PUL President Constitutes Independent Media Stakeholder Committee to probe Controversial Gbarnga Election
In a related development, the outgoing President of the Press Union of Liberia (PUL), Charles Coffey, constituted an Independent Media Stakeholders Committee to probe into the current electoral disagreement among members of the Union.
According to press release issued and signed by outgoing PUL Secretary General Musa Kanneh, the Union president’s decision was in adherence to Supreme Court Justice-in-Chamber Yussif D. Kaba’s mandate, following a conference with concerned parties on Wednesday November 23.
Those named on the committee are:
Prof. Weade Kobbay-Boley, Mrs. Melisa Annan Chea, Representing the Association of Liberian Journalists in Americas, Martin Brown, Trokon Tarr, Euriah Togar, Teah Doegmah and Tetee Kanneh.
The PUL according to a release stated that the objective of the committee is to ensure the smooth resolution of the current electoral disagreement that derived from the controversial PUL Gbarnga election, which saw Team Julius Kanubah staying put because it said it could not participate in a fraudulent process.
Prior to the PUL election, Team Kanubah filed several complaints to the PUL Membership and Election Committees over Voters’ Roll paddling and had called for a cleanup, which reportedly fell on death ears. Subsequently, Team Kanubah filed an Injunction to halt the Gbarnga Elective Congress until the Voters’ Roll was cleaned up, but the PUL with the help of Monrovia City Corporation (MCC) lawyer, Samuel Pearson filed a petition to vacate the injunction overnight, that led the PUL Election Committee to conduct a controversial election it said its incumbent Vice President, Daniel Nyakonah had won. Team Kanubah not satisfied filed a Writ of Prohibition over the entire process at the Supreme Court of Liberia on Monday, November 22, 2022.
At Conference Call, Justice-in-Chamber Yussif D. Kaba mandated the contending parties to resolve their disagreements amicably and failure to do so, the High Court will then have no alternative but to take a decision over the electoral saga. It is out of Justice Kaba’s advice that the PUL president has set up a stakeholder committee to look into the controversial election saga to logical conclusion.
“Dangerous Misstep”: Team Kanubah Not Pleased With How PUL Stakeholders Committee Was Set Up
Team Kanubah, the party opposing the recently held controversial Press Union of Liberia (PUL) Elective Congress in Gbarnga, Bong County, during the course of last week took exception to the setting up of an Independent Media Stakeholders Committee by outgoing President Charles Coffey, saying that he did it without consulting Team Julius Kanubah.
On Thursday, November 24, 2022, Mr. Coffey constituted an Independent Media Stakeholder Committee to probe into the current electoral disagreement among members of the Union.
A PUL press release said that President Coffey’s decision is in adherence to Supreme Court Justice-in-Chamber Yussif Kaba’s mandate, following a conference with concerned parties on Wednesday November 23.
However, a press statement issued by the opposing party later opposed the move.
Below is full text of their press statement:
“The National Campaign Management Team of Julius Kanubah for the presidency of the Press Union of Liberia says PUL former President Charles Coffey is again proceeding selfishly wrongly despite Wednesday’s conference advice by Associate Justice in Chambers Yussif Kaba.
Team Kanubah is particularly concerned and appalled by the action of former president Coffey to constitute what he calls an “Independent Media Stakeholder Committee” without any form of consultation.
Accordingly, Team Kanubah believes it is a dangerous misstep by the PUL former President and a gross misrepresentation of the advice by Associate Justice Kaba. As Presiding Justice in Chambers, Justice Kaba had called for all sides to the controversy surrounding the 2022 PUL Congress to meet and find solution to the disputed PUL Congress and subsequent elections.
The Julius Kanubah Campaign Team states that as a key party to the controversy former President Coffey cannot be the one dictating the constitution of a Committee while absolving himself and the PUL from the crisis and the mess he jointly created at the PUL with his competent escort Daniel Nyakonah.
Team Kanubah emphasizes that while it will not question the credibility and competences of those appointed by Mr. Coffey, it has no inch of confidence in the decision of Mr. Coffey because of his recurring error of judgment and his tendencies not to reach out to the Julius Kanubah Team.
It must also be made clear that there is no case between Team Julius Kanubah and what is known as Team Daniel.
Team Kanubah filed cases against the now erstwhile PUL leadership along with its 2022 Congress Committee and the sub-Committee on Elections and Inauguration as well as the PUL Membership Committee.
As one of the parties to the controversy, Team Kanubah, having called for credible media actors to take seize of the leadership vacuum at the PUL following the expiration of tenure of the Charles Coffey – Daniel Nyakonah leadership, is working on a strategic roadmap aimed at finding solution to the controversy surrounding the 2022 PUL Congress and the subsequent bogus elections.
Team Kanubah again calls on all its hundreds of supporters, members of the Press Union of Liberia and those interested in the democratic development of the PUL and Liberia to remain calm and peaceful as the appropriately legally necessary and constructive steps are being taken.”
Meanwhile, the one week ultimatum given by Justice-in-Chamber, Yussif D. Kaba expired on November 30, 2022 and it is not clear whether the PUL Independent Stakeholders Committee was able to meet the contending parties to the controversial Gbarnga Elective Congress.
But in a chat with some members of Team Kanubah during the course of the week following the setting up of the PUL Stakeholders Committee, they said their position remains the same and that is, the bloated PUL Voters’ Roll must be cleaned up and new election held to determine the new leadership of the Union.
Failure of Independent Media Stakeholders Committee to Probe PUL Controversial Gbarnga Election
IPNEWS gathered that those named on the Independent Media Stakeholders Committee by outgoing PUL president Charles Coffey were not reportedly notified prior to being named on the committee to probe the controversial PUL Gbarnga Elective Congress, thus they could not meet and call the contending parties to amicably resolve the matter as earlier mandated by Justice-in-Chamber Yussif D. Kaba during a conference call over the Writ of Prohibition filed by Team Julius Kanubah.
And so on Wednesday, November 30, 2022 the two parties in the ongoing case were expected to report to Justice-in-Chamber, Yussif D. Kaba if they had done what he advised a week ago to resolve the PUL controversial issues.
On the contrary, one of the contending parties’ Lawyer Cllr. Samuel Pearson representing Team Daniel and Bettie, disclosed to journalists that based on the Justice-in-Chamber’s one week ultimatum that he gave last week for the parties to meet and have a conversation surrounding the matter and arrived to a solution, regrettably there was no progress made regarding the matter at hand.
According to Cllr. Pearson, in the course of one week, there were no progress made, so they reported that to the Justice-in-Chamber and he (Justice Kaba) in return said since they the parties could not internally resolve the matter “the court will proceed in keeping with the law.”
