By E. J. Nathaniel Daygbor in Monrovia
Five lawmakers – both senators and representatives – have taken an unprecedented step and have petitioned the Lower House of the Liberian parliament to impeach three justices of the Supreme Court of Liberia – Justices Kabineh Ja’Neh, Jamesetta Howard Wolokollie and Philip A. Z. Banks.
The three justices were accused of gross breach of their constitutional responsibility and ethical rules governing the conduct of judges of the Liberian judiciary. The five lawmakers who filed the petition are Sen. H. Dan Morais of Maryland County, Sen. Peter S. Coleman of Grand Kru County, Sen. Jim Tornola of Margibi County, Rep. Numene Bartekwa of Grand Kru County and Rep. George S. Mulbah of Bong County.
The senators further accused the three justices of gross violation of oath of their offices by engaging in alleged misconduct, gross breach of duty and exhibiting clear inability to perform the functions of their offices as associate Justices of Supreme Court.
The lawmakers’ petition arose from recent decisions of the Supreme Court in which those three associates justices’ rendered their opinions and judgments in cases involving the Code of Conduct enacted by the Liberian Legislature in May 2014.
The senators say the justices’ action and the subsequent reversal of the National Elections Commission’s decision effectively usurped the powers and authority of the Legislature to make laws. They said the decision by the justices made the Legislature ineffective and made the Code of Conduct virtually null and void.
In a communication to their colleagues and read in plenary, Thursday, August 3rd, in Monrovia, the senators said their petition was intended to implore their colleagues to cite those Justices to show cause, if any, why they should not be impeached and removed from their offices as associate justices of the Supreme Court.
The petitioners cited one of the cases that had to do with Assistant Minister Abu Kamara, who filed his application for certification with the National Elections Commission to contest in the October 2017 elections. The Supreme Court ruled that the Code of Conduct was applicable to him and that his disqualification by the National Elections Commission was valid and legally binding.
The petition, signed by the lawmakers and which is in the possession of our Correspondent, says the Supreme Court ruling of Mr. Kamara relative to violation of the Code of Conduct was ‘egregious’, since he continued to hold the public office at the time he applied for certification to contest for the position of Representatives in the October elections.
The petitioners noted that in the case of Harrison Karnwea, former Managing Director of the Liberia Forestry Authority also did not resign his office two years before the ensuring October 10th elections. The Supreme Court held that the Code of Court was overruled in substance of the declaration of ineligibility made by the National Elections Commission against Karnwea for violation of the Code of Conduct.
Meanwhile, the document was forwarded to the House of Representatives’ Committee on Judiciary to report to plenary next Thursday.
