—– Undermines 1986 Constitution Provision 72-B & Judicial Practice
(The President shall nominate and by and with the consent of the Senate, appoint a Chief Justice and four Associate Justices of the Supreme Court, any three of whom shall constitute a quorum at any regular term. They will hold office during good behavior – 1986 Liberia Constitution, Article 68)
IPNEWS – Monrovia – For some time now, the conversation about who succeeds the current Chief Justice of Liberia, Justice Francis S. Korkpor, Sr. has been lingering with mounting speculations.
Article 72 B, of the Liberian 1986 Constitution, states that the ‘Chief Justice and the Associate Justices of the Supreme Court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a justice or judge who has attained that age may continue in office for as long as may be necessary to enable him to render judgment or perform any other judicial duty in regard to proceedings entertained by him before the attained that age.
Chief Justice Francis S. Korkpor, Sr., is scheduled to retire in September 2022, after nine years of service, following the death of the late Chief Justice Johnnie Lewis.
In 2004, during the reign of the National Transitional Government of Liberia, then Counsellor Francis S. Korkpor, Sr. was appointed to the Supreme Court of Liberia as Associate Justice for the period of two years, a position to which he was nominated and subsequently reappointed by President Ellen Johnson Sirleaf upon assuming the Presidency of the Country in 2006.
Now contrary to constitutional provisions and Judicial practice of the Supreme Court of Liberia, Associate Justice Jamesetta H. Wolokolie, is anticipated to succeed Chief Justice Francis S. Korkpor, based on tenure, following the ousting of former Associate Justice Counselor Kabineh Muhammad Ja’neh, however, the authoritative Independent Probe Newspaper has gathered from impeccable sources both within the Executive and Judiciary, that the wife of Bomi County Senator and best friend to President George Manneh Weah, Edwin Melvin Snowe, Associate Justice Sie-A-Nyene Gyapay Yuoh, is now tipped to succeed Chief Justice, Francis S. Korkpor, Sr. as Chief Justice
The 1986 Constitution of Liberia states that ‘there are five members of the Honorable Supreme Court of Liberia, which is composed of a Chief Justice and four Associate Justices who are ranked in seniority order based on tenure on the Supreme Court bench with the longest serving ranked most senior Associate Justice after the Chief Justice.
However, Article 68 states: “The Chief Justice and Associate Justice of the Supreme Court shall, with the consent of the Senate, be appointed and commissioned by the President, provided that any person so appointed shall be:
- citizen of Liberia and of good moral character; and
- a counselor of the Supreme Court Bar who has practiced for at least 5 years.”
In July 2007, Associate Justice, Jamesetta H. Wolokollie was nominated by President Ellen Johnson Sirleaf, and confirmed by the Liberian Senate to serve as Associate Justice of the Supreme Court, the Republic of Liberia, while in 2013, Associate Justice, Associate Justice Sie-A-Nyene Gyapay Yuoh, was nominated, appointed and subsequently commissioned as an Associate Justice of the Supreme Court of Liberia.
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It may be recalled that Chief Justice Korkpor succeeded the late Chief Justice, Johnnie Lewis in 2013, leading to former Associate Justice, Counsellor Kabineh Muhammad Ja’neh, assuming second in succession following the retirement of former Associate Justice, Gladys Johnson, in 2012.
With the political ousting of former Associate Justice, Kabineh Muhammad Ja’neh, from the Supreme Court of Liberia, in 2019, the judicial practice has anticipated that Associate Justice, Jamesetta H. Wolokollie, would be next in line in keeping with Constitutional provision to succeed the outgoing Chief Justice based on seniority at the Supreme Court of Liberia.
Earlier this month, information emerged of the support of Justice Minister, Musa Dean, of succeeding the outgoing chief Justice, however, sources confided to IPNEWS that his nomination was since quenched.
It may be recalled, on November 11, 2022, the ECOWAS Court of Justice ordered the Republic of Liberia to pay Counsellor Kabineh Muhammad Ja’neh, an impeached Judge of the Supreme Court of Liberia, the sum US$200,000 as reparation for moral prejudice suffered for the violation of his rights.
Delivering judgment in a case filed by Associate Justice Ja’neh, the Court also ordered the Republic of Liberia to restore, calculate and pay him all his withheld entitlements, including salaries, allowances and pension benefits as from the date of his impeachment to the date of notification of this judgment.
It further ordered his reinstatement as an Associate Justice of the Supreme Court or in the alternative, to grant him the right to retire from service on the date of notification of this judgment with full pension benefits as if he had retired at the normal retirement age for justices of the Supreme Court.
Background of the Case
On March 29, 2019, Associate Justice Ja’neh was found guilty by the Senate following his impeachment by the House of Representatives in August 2018 on four counts, including his issuance of a writ of prohibition as petitioned by major petroleum dealers in the country to stop the government from collecting levy/taxes of US$0.25 (road fund) imposed on the pump price of petroleum products.
He was also accused of stealing the records of the House of Representatives and using his power to unlawfully claim the property of a woman believed to be in her 90s.
During the controversial impeachment trial which was presided over by Chief Justice Francis S. Korkpor, Sr., the Senate acquitted Ja’neh of all the charges, except, the road fund case, thus warranting his impeachment.
Ja’neh, through his lawyer prayed the Supreme Court not to admit the verdict into the Senate’s records because the procedure used to impeach him was unconstitutional, but his request was denied. He vowed to seek redress at the ECOWAS Court.
Justice Ja’neh Requests US$25 Million for Damages
In the lawsuit filed against the Republic of Liberia, Justice Ja’neh urged the ECOWAS Court to award general damages in an amount not less than US$25 million as compensation and an order directing the Republic of Liberia to restore him to his position of Associate Justice of the Supreme Court of Liberia.
He also asked the Court to declare that the entire Impeachment trial, conviction and replacement on the Supreme Court constitute violations of his rights to fair hearing, dignity of his person and work under equitable and satisfactory conditions, among others.
In suit no: ECW/CCJ/APP/33/19 at the ECOWAS Court, Justice Ja’neh, the Applicant, through his Counsel, Mr. Femi Falana as head of six other lawyers, alleged that his removal violated his human rights, particularly the right to fair hearing and impartial trial, right to work and dignity of person guaranteed by the African Charter on Human and Peoples rights and the Universal Declaration of Human Rights.
Most importantly, Ja’neh said that his purported impeachment, trial, conviction and removal from office and replacement violated the Liberian Constitution.
The applicant further alleged that the Respondent subjected him to impeachment proceedings with no Prescribed Rules of Procedure, thereby depriving him of his fundamental rights to fair hearing as stipulated in the 1986 Liberian Constitution.
He said when the impeachment trial commenced at the Liberian Senate on February 13, 2019, he filed a motion, asking that Chief Justice Korkpor should not preside over the trial since he signed the Judgment of the Supreme Court in a case that was listed as one of the grounds for his impeachment.
He submitted that allowing the Chief Justice to preside would be tantamount to a conflict of interest with the possibility of bias as he was involved in several facets of the impeachment proceedings and was expected to recuse himself in order to adhere to the tenets of justice.
But to his surprise, the Chief Justice denied his application and instead, proceeded to preside over the applicant’s impeachment trial.
According to him, under Chapter VII, Article 72 (B) of the 1986 Liberian Constitution, he was guaranteed the holding and protection of office as Associate Justice during good behavior until the age of seventy (70).
In defense, the Government, serving as the respondent, through its lawyer, denied violating the human rights of Justice Ja’neh and argued that his impeachment was done through a political process which also followed the due process of law as laid down in Section 43 of the 1986 Constitution of Liberia.
The Liberian Government urged the Court to declare that the application is inadmissible because the Community Court is incompetent to review, interpret and apply the national constitution and domestic laws of Member States.
The Court’s Verdict
In the judgment, a panel of three judges of the Court led by Justice Edward Amoako Asante, contrary to the argument of the government said, the Court found the matter admissible and within its Jurisdiction, and stated that it has clearly established violation of the Applicant`s right to fair hearing and right to work.
Delivering judgment on Tuesday, the Court ordered the Republic of Liberia, to restore, calculate and pay to the Applicant all his withheld entitlements, including salaries, allowances and pension benefits as from the date of his impeachment to the date of notification of this judgment.
The Court further ordered his reinstatement as an Associate Justice of the Supreme Court or in the alternative, to grant him the right to retire from service on the date of notification of this judgment with full pension benefits as if he had retired at the normal retirement age for justices of the Supreme Court.
In addition, it ordered the government to pay the sum of US$200,000 as reparation for moral prejudice suffered for the violation of his rights.
‘Political Witch-hunt’
The impeachment of Justice Ja’neh has been viewed by many observers and legal minded Liberians as a political witch hunt initiated by the ruling establishment through its partisans’ lawmakers at the 54th Legislature.
Those sentiments were echoed when news of the ECOWAS Court’s verdict broke on Tuesday.
“I have always held that Ja’neh’s removal from office was certainly more of a political witch hunt because of his dissenting opinion in December 2017 in the Liberty Party case,” said Adolphus Gaye, who claimed to be one of Ja’neh’s kinsmen from Nimba County.
“He was not in favor of the CDC. So they have been looking for the opportunity the get him off the bench. But with the ECOWAS Court’s ruling, it has shown their true colors. The CDC is made up of a group of desperate people who go after anybody that does not seek their interest,” Gaye said in an interview with FrontPage Africa.
A former student leader, Mohfel Dekpah, also from Nimba County, said the court’s ruling clearly shows that justice is not fairly dispense in Liberia.
Mr. Dekpah argued that the Constitution clearly states that members of the judiciary cannot be removed from office for decisions made in the course of their duties as judges, yet Justice Ja’neh was booted out for his judgment render while serving as Justice in chambers.
He said the act has the propensity to scare away potential investors from coming to Liberia.
“It is a very sad day for Liberia, a very sad day for our justice system. It clearly states that our country has been a lawless country,” he said, but at the same time celebrating the ruling in favor Justice Ja’neh.
Rep. Samuel Kogar of Nimba County Electoral District #5, responding to the news, said “It’s a very good news for us, as Nimbaians”.
Rep. Kogar, was among all of Nimba County’s nine members of the House of Representatives that walked out of session on August 18, 2018 before the vote for the impeachment of Ja’neh was taken.
The Nimba County Caucus’ walkout was in protest of the ‘wrongful proceeding’ over the matter.
President Weah and Senator Snowe Friendship
The friendship between President George Weah and Bomi County Edwin Snowe dates far back in 1998 when Snowe was elected as President of the Liberia Football Association (LFA). Weah, as professional football then and a close friend to former FIFA President Joseph Sepp Blatter, was instrumental in connecting the LFA President Snowe to the FIFA boss, when Blatter was on a campaign trail in Africa to become President of FIFA in 1998.
When Blatter became President of FIFA and based on Snowe voting for him, the first FIFA Goal Project was brought to Liberia, which was the laying of artificial turf at the then bald-headed Antoinette Tubman Stadium (ATS) and expansion of the seating capacity. FIFA and LFA under Snowe administration funded the expansion project.
As the Snowe-Weah friendship grew on, the LFA President appointed Weah as Technical Director of the Lone Star and it was under Weah’s watch that Liberia qualified for its second appearance at the prestigious African Cup of Nations in Mali in 2002. Weah’s Lone Star which was popularly dubbed: “WEAH 11” narrowly missed out to qualify for the World Cup in 2002 that was slated for South Korea and Japan.
When Weah retired from football and became a politician, Snowe is on record of supporting him for the first time when he ran to become Senator in 2014, and surely Weah won the Montserrado County senatorial seat.
Most recently, there were speculations in the media that Weah was contemplating making Snowe his running mate in 2023, but Snowe debunked the speculations saying that he had no intention of being running mate to President Weah in 2023. He also stated that he and the current Vice President, Jewel Howard Taylor very close friends and former party executives at the NPP when Snowe was part of the NPP during former President Charles Taylor’s administration.
The most recent public statement by the Bomi Senator is that Unity Party standard bearer Joseph Boakai cannot defeat CDC George Weah in 2023 because the former lacks the push to lead Liberia. Snowe is also on record of saying that Bomi County will re-elect President Weah if he fulfils promises he made when he visited the county.
Meanwhile, political pundits are of the view that President Weah may be contemplating paying back to Snowe for his political support for re-election that is why he may be thinking about nominating and subsequent appointment of Senator Snowe’s wife as Chief Justice of the Supreme Court following the retirement of Chief Justice Korkpor in September 2022. The book makers are watching as the ball is in the court of President Weah.
