By: T. Lula Jaurey
IPNews-Monrovia,Liberia-9 May 2018: Associate Justice, of the Honorable Supreme Court of Liberia, His Honor Philip A. Z. Banks, is calling for the rewriting of the revised 1986 Liberian Constitution.
Justice Banks stated that there are serval laws within the constitution of 1986 which needs amendment as it was written to suit the interest of the Military Junta headed by the late Master Sergeant Samuel K. Doe.
The University Law Professor, said a careful look at articles 99,98 and 97 of the 1986, remain critical to the attainment of genuine peace and reconciliation as provisions of the articles were enacted to precluded from prosecution members of the military junta operating under the People Redemption Council -PRC, including other future trial (s) for their roles played during the 1980 coup.
Justice Banks: ‘’Those who wrote the constitution have all expressed dissatisfactions over some provisions because citizens during that period wanted the Country to returned to constitutional and democratic rule as shown with the massive turnout of citizens voting in favor of the constitution’.”
Justice Banks, made these remarks when served as a keynote speaker at program in observance of the ‘Law Day’ held on Friday, May 4, 2018, in the conference room of the Temple of Justice.
Speaking on the topic ‘Transforming our Legal and Judicial System and Legal Psyche to meet the New and Evolving National Challenges’, Justice Banks said the increased in rape cases across the country could be attributed to the failure of passed governments to institute profound political will to fight the barbaric act owing to the constant refusal by past and present governments to provide needed logistical and other resources to the judiciary.
Touching on the reform of laws, Justice Banks, described the Law Reform Commission’s performance as regrettable since its establishment in 2016, grading it as zero and promise to no longer remain silent on issues that affect the Court in particular.
Justice Banks stated that LRC Chairman, Cllr. Boakai Kanneh, who is a member of the Supreme Court Bar, also accused Courts of committing gross human rights violations by keeping pre-trial detainees without trial against the law but failed to understand there are serval laws that needs revision and the LRC is that statutory body to commence such.
He contended that Cllr. Kanneh knew the Supreme Court have five Justices and that one of its terms takes six months, so than, why Cllr. Kanneh and others cannot admit that Justices of the Supreme work during the six months to have decided 34 cases under strenuous conditions which were unimaginable.
Justice Banks noted that each of the Justices heard one appeal case per month and about six and a half cases for the entire six months. Adding what do you expect to happen; there will be too many people in jail, and the Law Reform Commission needs to think about this.
‘’ this is a violation of the rights of the people as prescribed by the constitution but do Cllr. Kanneh understand that the very Law Reform Commission is that statutory body to review laws that tend to undermine expeditious trail of pre-trial detainees at the Monrovia Central Prison and other detention centers across the Country?” Justice Banks question?
Furthermore, Justice Banks said it is the duty for Cllr. Kanneh and others at the Law reform commission to understand that the Act that created the LRC gives him the right to review laws of the Country and to advise not only the Courts but also the Legislature and Executive branches of government, which he had miserable failed to do.
‘’I will be retiring from my post because I have reached the retirement age of 70, by June of this year. But I am not going to leave anything in my stomach because I will not remain silent on criticism against the Supreme Court’’ Justice Banks noted.
