Ja’neh Wins at ECOWAS Court, But…

34
1768
Impeached Associate Justice of the Supreme Court, Cllr. Kabineh M. Ja'neh (2006 - March 29, 2019)

The ECOWAS Court of Justice has denied arguments from the Government of Liberia that the regional court is “incompetent to review, interpret, and apply the national constitution and domestic laws of Member States.”

The government, represented by its Solicitor General, Cllr. Sayma Syrenius Cephus, argued that the court lacks jurisdiction to entertain argument or rule on the suit filed by Cllr. Kabineh M. Ja’neh that his impeachment from the Supreme Court Bench violated his human rights, particularly the right to a fair hearing and impartial trial.

In his argument, Cllr. Cephus asked the Court to “declare that the application is inadmissible” since the impeachment of the “Applicant was done through a political process that also followed the due process of law as laid down in Section 43 of the 1986 Constitution of Liberia.”

However, the Court, which was established pursuant to Articles 6 and 15 of the ECOWAS Revised Treaty, denied the Liberian government’s argument and said that the case/matter was “admissible and within the jurisdiction” of the court.

In its 73-page judgment, the Court, led by Justice Edward Amoako Asante, argued that the case was within its Jurisdiction to the extent that it has “clearly established violation of the Applicant’s right to a fair hearing and right to work.”

Contrary to Cllr. Cephus’s argument, the Court’s ruling, pursuant to the 2005 ECOWAS Supplemental Protocol, which was codified, states that the Court has jurisdiction “to hear human rights cases and expands the admissibility rules to include disputes between individuals and their own member states.”

It was on this same principle that the Court in 2008 ruled that the Government of Niger failed to protect one of its citizens from enslavement by passively tolerating the practice. In 2011, the Court also ruled that it was compulsory for the Government of Nigeria to provide adequate financial support for public education in order to fulfill its obligation under the African Charter on Human and Peoples’ Rights.

Also, the Court further ruled that the impeachment of the Applicant, Cllr. Ja’neh, was illegal and ordered the Liberian government to pay reparations in the sum of US$200,000 for moral prejudice suffered for the violation of his rights instead of the US$25,000,000 demanded by the Applicant.

“The ECOWAS Court of Justice also ordered the Republic of Liberia, to restore, calculate and pay to the Applicant all his withheld entitlements, including salaries, allowances, and pensions benefits as from the date of his impeachment to the date of notification of the Court’s judgment,” said the Court ruling endorsed by its panel of three Judges.

The ECOWAS Court of Justice has ordered the Republic of Liberia to pay Counsellor Kabineh Muhammad Jan’neh, an impeached Judge of the Supreme Court of Liberia, the sum of USD200, 000 ( two hundred thousand dollars) as reparation for moral prejudice suffered for the violation of his rights.

However, the Court, despite ruling in Cllr. Ja’neh favor, dismissed his allegation of bias against the Chief Justice of Liberia during the impeachment trial as “unstainable”.

Despite the ruling, the Court also ordered Cllr. Ja’neh’s 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 the judgment of the Court with full pension’s benefits as if he had retired at the normal retirement age for justices of the Supreme Court.”

The Court, which ruling is final and binding under the 1991 Protocol, has given the government of President George Manneh Weah six months to report on the enforcement of the judgment.

However, it is yet unclear as to whether the government, on its end, will choose to recognize the Court ruling, despite its previous stands that the Court lack jurisdiction on the case. However, the ECOWAS Protocol mandates member states to take all measures necessary to ensure the execution of the Court’s decision.

Nevertheless, the Court ruling cannot be enforced under Article 24 of the 2005 Protocol, except the execution of a judgment of the Court in a form of a Writ of Execution is sent or submitted to a member state by the Chief Registrar of the Court.

In this case, it is unclear whether the Chief Registrar of the Court has forwarded the Writ of Execution, a document the Weah administration needs in order to execute the judgment, according to its national courts.  The ECOWAS Protocol also mandates member states to determine the national authority to execute the Court’s judgment and inform the Court of the relevant authority.

Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.

The suit by Cllr. Ja’neh, which was filed on August 23, 2019, through Applicant Counsel Femi Falana, leading six other lawyers, alleged that the processes leading to his removal violated his human rights, particularly the right to a fair hearing and impartial trial, right to work and dignity of the person, guaranteed by the African Charter on Human and Peoples Rights, as well as the Universal Declaration of Human Rights.

In the suit, Cllr. Ja’neh’s counsels also claimed that the purported impeachment, trial, conviction, removal from office, and replacement, violated the Liberian Constitution — and that the Respondent, the government of Liberia, subjected him to impeachment proceedings with no Prescribed Rules of Procedure, thereby depriving him of his fundamental right to fair hearing as stipulated in the 1986 Constitution of the Republic of Liberia.

They also argued that the impeachment trial, conviction, removal from office, and replacement violated Article 72 (B) of the 1986 Liberian Constitution, which guaranteed Ja’neh’s rights to holding and protection to the office as Associate Justice during good behavior until the age of seventy (70) which age of 70 he had not reached prior to his Impeachment.

Cllr. Ja’neh’s impeachment, which officially adjourned March 29, 2019, saw members of the Senate finding the former Associate Justice guilty of misconduct and gross breach of duty of the Road Fund Case, and guilty in the Annie Constance Case, which also entailed official misconduct and gross breach of duty.

The Senators, finding Cllr. Ja’neh guilty, said he exercised an “abuse of discretion, granting a Writ of Prohibition” in the Road Fund Case, which denied the government of collecting levy/taxes in the total sum of US$27 million.

During the voting process, the Senate voted 22 to find him guilty on the count of the Road Fund Case, while 4 Senators voted not guilty. On the count of the Constance Case, which also entailed official misconduct and gross breach of duty, 18 Senators voted guilty; 8 Senators voted not guilty.

As for in the counts of Theft of Records of the House of Representatives and the Impeachment Prohibition, which are considered official misconduct, 14 Senators voted guilty; and 12 Senators voted not guilty. Cllr. Ja’neh was impeached by the House of Representatives on August 28, 2018. His impeachment trial began on February 14, 2019, and officially adjourned on March 29, 2019.

Author

  • Anthony Kokoi is a young Liberian sports writer who has an ever-growing passion for the development of the game of football (soccer) and other sports. For the past few years, he has been passionately engaged in reporting the developments of the game in the country. He is an associate member of the Sports Writers Association of Liberia (SWAL). He is a promoter of young talents. He also writes match reports and makes an analysis of Liberian Football.

34 COMMENTS

  1. This case clearly showed how this branch of Government cannot be trusted to protect the rights of the citizens of this nation. An Associate Justice impeached because the sitting president wants it to be done? Someone is sitting there calling himself a Chief Justice! Liberians pray to God for long life and do not depend on this court to give you Justice, it is dead and only favor the mighty.
    Isaac Jackson, you know where to go, since you were not given due process of a hearing:

    • Gbada J. Flomo, under international law(the law under which this case is been adjudicated) with the big and conspicuous “BUT“ with which the headline and the details have concluded, and you still are not able to understand what the outcome of this case is, then you need assistance. And here is it infra.

      The plaintiff’s fiasco filed at the ECOWAS Court in which he argued on human rights violation when his removal was not a matter of the judicial process nor his legal or human rights, but indeed a pure political matter as far as impeachments in common law countries are concerned, is DEAD FOREVER. For..

      (1) Liberia IS A SOVEREIGN UNITARY STATE, AND NOT A FEDERAL STATE (eg. Georgia, Rhode Island, Cabala, etc.),

      (2) the Liberian Constitution places the sole power of impeachment in two political bodies (the Senate and the House),, Hence

      (3) impeachment is qualified as a political question. As a result,

      (4) neither the decision of the House to impeach nor a vote of the Senate to remove a President or any other official can be appealed to any court!

      SO the plaintiff and his lawyers simply allowed themselves to be made mockery of by those rascals. Accordingly, all any member state would do in such fiasco, IS TO IGNORE ANY SUCH DECISION FROM THAT COURT.

      And this is made clear from the statement by the Republic of Liberia as concluded hereunder in the FPA REPORT ON THE MATTER..

      “But the Respondent, represented by the Attorney General, Counsellor Lafayette B. Gould, Sr denied violating the human rights of the Applicant and submitted that the impeachment of the Applicant 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 State 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.“ POLITICAL SOVEREIGNTY! POLITICAL OR CONSTITUTIONAL JURISDICTION!!! NO GO AREA FOR ANY EXTERNAL ACTOR!

      • I see you are the S.Doe, who had from the inception of this case been writing rubbish and pretending to be a lawyer or know the law more than any other lawyer in Liberia. You know the Liberian laws so well that the mistakes made in the news story was repeated by you: Is Lafayette Gould the Attorney General of Liberia? it is the character of your type that making the George Weah Administration to make all of these mistake. How is it political? When a clear provision of the Liberian constitution was violated, only for you people to seek refuge in political question?
        If it was a political question, why did you used legal basis to implement your so-called political situation? Your benefactors will pay that money, the same political question you are now hiding under is the same political pressure that will be mounted against you to pay that reparations and more to Justice Ja’neh; if it called for sanction against all of individually.

  2. Mr. True or false nationalist! Now you will stop your testimony on glorifying this administration for doing the wrongs against her very citizens and folks like you sit there justifying Mr. Cabena Jenah impeachment because in your ignorance world of hate supported president Weah, despite it was wrong but most of all, it was against our very constitution that was crafted to governed us as a nation. Imagined, another organized body had come to rectified the stupidity of our judicial function since our justices were so loyal to the president, failing to understand their functions in our society was not about the president but about the laws that protect us all which happens to be our constitution.

    Wasted tax payers dollars in pursuit of violating our constitution by impeaching Justice Janeh and elements of loyalists will justified such ideas as “fighting corruption” when the real corrupt people in the administration remained untouchable. The annoying part can be sometimes terrifying in the sense of blind loyalists will bark at you like a German Shepard, further portraying you like enemy of the administration. Now figure out just how much this nonsense has cost tax payers of Liberia for our own president to violate our constitution and costing us $ USD200k plus additional benefits which is a severed blow to Liberia considering our present economic plight.

    I salute you Mr. Janeh for standing up to the challenge and ill will from this administration towards you. The courage you took schooling them to higher court has exposed them of being ignorance to their very own laws they have swear under oath to defend and uphold. What a shame and mockery to our president, our do nothing senators and representatives of Liberia and most of all, our Chief Justice? If our Chief Justice was just and fair, there shouldn’t have be any impeachment proceedings at all. He had all it took within his power to end that nonsense right in his office, but he failed to do so and only him can explained this for comprehensive understanding.

  3. Siboe Dortu Doe, AKA True Nationalist, there you go again absolutely and shamefully demonstrating your real and unrefined stupidity. Undeniably, no educated, trained, astute and professional Attorney or Counsellor-At-Law, will dare advise and encourage his client(s) to discount, slight, or disrespect the judgment of a legally constituted administrative agency, tribunal or court. From all indications, you and your associates have howbeit, purely demonstrated your incompetence, lawless and ineptitude and emptiness when it comes to respecting and upholding the essence of the Law.

    Attorneys and Counsellors-At-Law admitted and licensed to practice law in a jurisdiction, under all circumstances are under obligation to uphold and always respect the rule of law, decisions and orders of all administrative agencies, tribunals or courts, whether or irrespective of their legal disagreement. Professionally when an Attorney or Counsellor-At-Law disagrees and considers a judgment of a court to run contrary to and beyond the pale of domestic or international law, he or she enters an exception and announces an appeal as a professional and distinguished relief against said judgment. In short, only a remedial process or legally constituted appeal, will grant him such desired relief.

    Attorneys and Counsellors admitted and licensed to practice Law in and by a jurisdiction, will never in their incompetence or ignorance demonstrate a sense of incapacitation and incompetence by adversing their clients to discount, slight and disobey the judgment of a court or administrative agency. Professional and trained Attorneys and Counsellors, do not disrespect judges and call them names. Only street and lowlife people do.

    Now like you and as a matter of law, I do strongly believe that the ECOWAS Community Court of Justice, lacks Locality and Subject Matter Jurisdiction to admit, assign and decide a complaint already admitted and decided by the subordinate, specialized and Supreme Courts of a Member State of the Economic Community of West African States, ECOWAS. That being the case, every and all orders and judgments reached by the Community Court thereafter, violate the intent, purpose and the establishment purpose of the ECOWAS Community Court of Justice.

    The intent, purpose and essence of the ECOWAS Community Court, were to squarely admit, assign and decide matters in which aggrieved litigants complain of the violation of their human rights. Such rights cannot and must not originate from a political judgment entered by a political branch of a Member State of ECOWAS.

    Impeachment as a matter of Law, is and remains a political act. Courts as a matter of the separation of powers of contained in all Constitutions, are estopped and forever barred from admitting, assigning and hearing all political matters. Also, the ECOWAS Community Court of Justice is barred from reviewing the final judgment of the Subordinate and Supreme Courts of Member States, to include the Republic of Liberia.

    Liberia as a Republic and Member State of the Economic Community of West African States, is and remains a sovereign and independent State and thus, the decisions of the subordinate and Supreme Courts of Liberia, cannot be reviewed and revised by any court, to include the ECOWAS Community Court of Justice.

    Now here is the problem: The ECOWAS Community of Justice, has no intermediate or appellate chambers to which an aggrieved party has a right of appeal. In short, when the ECOWAS Community Court of Justice rules against you or your client’s legal interest, there is no higher court you can announce and take your appeal to.

    In every jurisdiction, domestic or international law, there are two or three remedial processes: 1) The Trial, 2) The Intermediate, and 3), The Appellate Court Process.

    The ECOWAS Community Court of Justice, is only a Trial Court and a judgment entered by the Community Court of Justice, is final and binding. A aggrieved litigant, can not appeal or take his disagreement to an intermediate or appellate Court because the protocols or or Conventions that created the ECOWAS Community Court of Justice, provide no such room for a Litigant to disagree and appeal that Court’s final judgment.

    Only the Heads of State and Governments of Member States of ECOWAS can create intermediate or appellate Courts at the ECOWAS Community Court of Justice.

    Until then, the Judgment of the ECOWAS Community entered against the the Republic of Liberia is final and binding. In short, the Republic of Liberia, can not appeal the judgment enter in favor of Mr. Justice Ja’neh.

    Mr. Siboe Dortu Doe, AKA True Nationalist, this is why I am asking you, which Law School you attended and which jurisdiction admitted and licensed you to practice Law.

    Now you and other Apologists of Mr. George Weah, know and understand why.

    Frederick A.B. Jayweh, Esq. B.A, LL.B, LL.M
    Counsellor-At-Law & International Affairs Director
    Africa Center for Law and Human Rights, Inc.
    77 Broad St, 3rd Floor, Presbyterian Building
    Monrovia, Liberia
    CounsellorJayweh.africacenterforlaw.org
    Lib-Ph: (231) 775-204-677
    US-Ph: (720) 731-7994

  4. This is a complete FIASCO.
    The Government of the Republic of Liberia will not implement this decision.
    The Court has no enforcement authority.
    It is therefore a waste of time.

    • You think it so much the money that Justice Ja’neh wants? Legal History has now absolved him; lots of people appealed to him to accept the process and resigned from the “Bench”. He refused; because he wanted to exposed the ill intend of these so-called “revolutionaries”. Just because he dissented in an electoral flawed case against them, they were pregnant with a grudge against him all alone, and were scheming ways to have their grudge delivered, and it was. Look where their delivered grudge has done to their reputation, it can now be used as an alibi to do anything in Liberia. The former players of our National Team testified to it; and we are now seeing it, face to face.
      This man has made for himself history, as someone standing against tranny! BRAVO!

      • Kabineh Janeh has simply wasted his time and money! Names and titles are irrelevant in such a public expanse as this. What is important or vital is knowledge, sound information, and truth.

        Folks better don’t get carried away by this dull boy Jayweh spewing his idiotic and blatant lies or silly disinformation about ”Liberia risking suspension from ECOWAS Region and all its activities and deliberations”

        If this stupidity from him Jayweh or anyone were to have any semblance of truth or fact then all those member states politicians, judges, etc. who have been complaining to this very court regarding violations of their human rights in the determination of election outcomes, etc. and dismissals would have been fruitful and not useless since human rights adjudication was included in the courts mandate nearly a little over 15 years ago!.

        But instead what has been the reality? The reality is that NO GOVERNMENT HAS TAKEN THAT ASPECT OF THE COURT SERIOUSLY!

        Accordingly, the Court’s handling of these so called human rights cases has been controversial!

        Controversial to the extent that not only nearly all members state but especially the legal communities in Nigeria, Senegal, Ivory Coast, Ghana, etc. and their respective governments have come to the conclusion that the Court should have rejected such so called human rights cases!

        For they run contrary to sovereignty and the final arbitership of Supreme Courts within the sub region and the community, and at times even foolishly attempting to tamper with the political question doctrine (as is the case with Janeh) A NO GO AREA FOR COURTS!

        That court was created under the same spirit of the International Court of Justice ….simply for disputes amongst states and not individuals vs governments nor states.

        And the evidence is made manifest in what is been reported in this very story that..

        “Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.“ Kabineh Janeh has simply wasted his time and money!

        • Mr. so-called True Nationalist, you do not need to tell me who F.A.B.Jayweh is, he has over the years proven himself in this legal sphere in Liberian and beyond, especially in the Human Rights Circles. All you are doing is posturing and nothing else, your darling Government will pay that money to Kabineh Ja’neh, whether you like it or not. It is Frances Korkpor that you people were abled to purchase for a morsel of meal, he sold is education and reputation to you people.

  5. Isaac,
    I am admitted to practice law before the ECOWAS Community Court of Justice. To enforce its judgment (s), the Community Court will issue a Writ of Execution and direct the Writ to the Sheriff of the Six Judicial Circuit, Civil Law Court for Montserrado County, Republic of Liberia. The Civil Law Court will be mandated to enforce the Community Court of Justice’s judgment with immediate effect.

    The Director General of the Liberia Revenue Authority (LRA) and Minister of Finance and Development could be held in Contempt of the Civil Law Court should they refused and failed to respect the Writ of Execution issued by the Community Court against Liberia.

    Mr. Weah and his Government must obey the judgment of the Community Court. It certainly will do the GoL well to obey and respect the Community Court.

    Should the Government of Mr. George Manneh Weah slight, discount and disobey the Community Court for no legal and justifiable reason, the Republic of Liberia, certainly risks suspension from ECOWAS Region and all its activities and deliberations.

    Legally, the Liberian Government could move to have the Community Court to reconsider its final judgment. This could simply help Liberia buy some time.

    Unfortunately, there is no right of appeal for Liberia.

    • Frederick Jayweh, if the senselessness you are ranting to Isaac could ever pass the scrutiny of logic or commonsense or even how international law works, THEN WHY ”Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.”???????

      It is of course, not surprising you and your likes do not know the plaintiff simply made those rascals’ bellies to get more over inflated are as their bank accounts!! The plaintiff should have known that as politicians who will promise to build bridges where there is not even a creek, so too are lawyers ready to deceive clients that there will be pies in the skies, when they lawyers are aware that such crap is only to fatten their bank accounts!

    • Stupid boy Jayweh, according to him he is ”admitted to practice law before the ECOWAS Community Court of Justice”., YET he has absolutely no knowledge nor information on INTERIM ORDERS given by the very court. No wonder someone here says he is an impersonator, while we know him to also be a boenuahn.

  6. Frederick Jayweh, YOU BETTER GO BACK TO SCHOOL TO BE TUTORED ON THE CONCEPTS OF ”BINDING, JURISDICTION, AND HOW INTERNATIONAL LAW WORKS” …THE LAW UNDER WHICH THIS CASE IS BEEN ADJUDICATED.

    Now, digest this henceforth and forthwith that neither your misidentification of my person for whosoever nor your rudeness, stupidity, or your tautological contradictions can ever alter the fact that my (I True Nationalist) ERUDITION of the law is beyond your elementary and dishonest disposition concerning the phenomenon of law and the judicial process.

    For example, AT THIS JUNCTURE, since according to your own admission and disgusting idiocy,, ”the Judgment of the ECOWAS Community entered against the the Republic of Liberia is final and binding”., instead of postulating or advancing arguments on COMPLIANCE OR NON COMPLIANCE on the part of the sovereign Republic of Liberia, you are here

    (1) ranting your usual tautology and contradiction that you “strongly believe that the ECOWAS Community Court of Justice, lacks Locality and Subject Matter Jurisdiction to admit, assign and decide a complaint already admitted and decided by the subordinate, specialized and Supreme Courts of a Member State of the Economic Community of West African States, ECOWAS,“ while .

    (2) At one corner of your dull skull, you are saying the plaintiff Kabineh Janeh HAS NO CASE as far as THE POLITICAL QUESTION DOCTRINE IS CONCERNED OR JURISDICTION MATTERS, while at the other corner of that dull skull, you are ranting that Liberia should take an appeal, but then in the very breadth you are telling your audience that ”when the ECOWAS Community Court of Justice rules against you or your client’s legal interest, there is no higher court you can announce and take your appeal to ” And..

    (3) In order to further display your ignorance of the judicial process whether within the domestic or international perimeters, you are saying ”The intent, purpose and essence of the ECOWAS Community Court, were to squarely admit, assign and decide matters in which aggrieved litigants complain of the violation of their human rights. Such rights cannot and must not originate from a political judgment entered by a political branch of a Member State of ECOWAS.”

    AGAIN, YOU BETTER GO BACK TO SCHOOL TO BE TUTORED ON THE CONCEPTS OF ”BINDING, JURISDICTION, AND HOW INTERNATIONAL LAW WORKS” …THE LAW UNDER WHICH THIS CASE IS BEEN ADJUDICATED!!!!!!

    Frederick Jayweh, if you have the required erudition, do away with your aforementioned tautology and contradictions, and let us for the common good, treat such areas as compliance and effectiveness in international law viz this case, games states play in such scenarios,, or at least THE THREE Rs OF COMLIANCE under international law…the law upon which this case is dispensed.

  7. What is this nonsense all about? I thought the Economic Community of West African States (ECOWAS) is all about the economy of member states – excuse my ignorance-, but an “ECOWAS Court” ordering a sovereign state (the Republic of Liberia, since July 26, 1947) to reinstate a political personnel impeached based on the laws and constitution of the land, is mind boggling!

    If it is what is stated, Liberia might as well give away her sovereignty, the very first of its kind on the African continent! Now I see why the British people voted overwhelmingly to get out of the European Union (BREXIT). Like the European Economic Union (EEU), the ECOWAS started purely based on strengthening the economies of countries in the region through certain economic ties, which sounded fine. But as time went on, our politicians began signing their names to additional commitments that would infringe on the sovereignty of the country sans coming back to their employers, the proud and sovereign people of the Republic of Liberia for a mandate. These types of mandates are given after going through a series of national procedures: A) Officially informing the people; B) Initiating a national debate through an open forum throghout the country; and C) Soliciting a mandate through a National Referendum.

    Our elected officials of government owe it to the people of the nation and, by virtue of the national constitution, to seek the mandate of the people before subjecting the country to international treaties, especially those treaties that will impinge on the sovereignty of the nation and its people! Such treaties, like the “ECOWAS Court” impinge on the rights of the Liberian people. The court has no jurisdiction on the people of Liberia. Anyone who, by virtue of their elected political position in national government, subjects the sovereign people of Liberia to such a court, is acting outside the bounds of their constitutional duties. Such politicians should go back to the people to seek their consent and approval thru the three steps mentioned supra.

    We thought that the days of the True Whig Party, the one party system that has been running the affairs of this nation for decades, was finally behind us. We all know full well that this form of autocratic hegemony could subject the nation and its people to treaties without the input of the people of the Republic.

    Do not get me wrong, I have no qualms about a citizen of Liberia who thinks that there was miscarriage of their case which was adjudicated through the constitutional procedures of the nation, and there are many Liberians presently serving jail terms who might think the same way. What I am strongly concerned about is playing games with the sovereignty of Liberia and the Liberian people.

    • Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ! Did the Nigerian businessman took his case to the regional Court that was stolen by the regime of Ellen Johnson Sirleaf ? Did the regional Court ruled against the Sovereign Republic of Liberia over its own political Supreme Court ? Did the Ellen Johnson Sirleaf regime paid back that money to the Nigerian businessman ? YES !
      So what kind of Sovereignty are you writing about ? Don’t pay and political ISOLATION awaits the regime.
      Best that the regime can do is work up a kind compromised agreement with the former Justice and put this nonsense behind it.
      The regime’s objective was met in ousting the Associate Justice from the Supreme Court. Reaching a compromise agreement should be the least worry of the regime.
      It is not in the interest of that country to establish a reputation as a lawless country when it comes to international relations.
      Liberia have so many ships that its flag in international waters, and in some countries territorial waters. Here is an incident that took place on one of the ships flying the Liberian flag. That was in the ’70s , and was around 16 to 17 years of age. An alleged murdered took place on one of the ships. Can’t remember in international waters, or territorial waters. But the question of who has the authority of investigation came out . Liberian said it did as an extension of its sovereignty and the flag. Turning on to BBC, was very lucky to here that the government of Liberia has a right to the investigation . Those were the days when powerful nations only looked at a Banana Republic Liberia as not too important. But in those days, the Liberian government through its Justice Department stood their grounds and won. Not like today’s Supreme Court and Justices Ministry. Two records in the regional Court is 0 to 2 against Liberia and its legal representatives .
      This regime of George has a reputation of not following through on international agreements, so much so that some international assistance from its Aidpartners has been outsourced to the United Nations Development Program to carryout their aid package plans.
      The international reputation of a sovereign republic does matters, in terms of loans and agreements, a kind of international ratings. Unless that country is as powerful like the US that has threatened to bar a member of the ICC for wanting to bring charges against its military. And that too, matters. Like walking away from the climate change agreement, after signing it. Like walking away from the WHO agreements after signing it. Like to threaten the United Nations about withholding funds. Isolation.
      The regime of George will do well to reach a secret and none disclosed compromised agreement with the former Justice. Sovereignty and Reputation goe hand in hand.
      One thing though, don’t know what is actually being taught in that country so much so that officials are allowed to run the affairs of that God Forsaken Country Recklessly. Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha !
      Reckless officials of a reckless regime. Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha !

    • Mr. Anders,

      I submit and maintain that I fully understand your anger and frustration. But, permit me to encourage you to please take off some time and read the Protocols and Conventions that created the Economic Community of West African States (ECOWAS) vis-à-vis the Protocols and Conventions that established the ECOWAS Community Court of Justice.

      After reading and reflecting on the foregoing regional instruments, you will come to understand and more fully appreciate the ECOWAS Community Court of Justice and its distinct and critical role in the West Africa.

      We all remember the excellent role ECOWAS/ ECOMONG Forces played in Liberia, 1990-2003.

      • Frederick Jayweh, Mr. Anders is informed enough probably far better than you. If what Mr. Anders is arguing is an indicia that he needs to make further research on the court or ECOWAS in toto, THEN WHY are you (after been tutored by us) parroting exactly THE SPIRIT of his argument?

        Here infra amid your tautologies and contradictions.. is what you have learned from us and you are parroting….

        ”The intent, purpose and essence of the ECOWAS Community Court, were to squarely admit, assign and decide matters in which aggrieved litigants complain of the violation of their human rights. Such rights cannot and must not originate from a political judgment entered by a political branch of a Member State of ECOWAS.

        Impeachment as a matter of Law, is and remains a political act. Courts as a matter of the separation of powers of contained in all Constitutions, are estopped and forever barred from admitting, assigning and hearing all political matters. Also, the ECOWAS Community Court of Justice is barred from reviewing the final judgment of the Subordinate and Supreme Courts of Member States, to include the Republic of Liberia”. Frederick Jayweh

        Jayweh, stop presenting yourself as a big fool!

  8. James Davis, do not gallop into matters beyond your intellectual equilibrium. The Political question doctrine has no ligament to such offenses mentioned by you and your Nigerian businessman money and Ellen Johnson Sirleaf government.

    Let this quotation infra guide you through this matter.

    “Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.“

    • Continued to remain uneducated, as the Liberian Supreme Court under this failed Chief Justice, who is being laughed at behind his back by his subordinate judges, the count is Liberia and its Supreme Court is Liberia 0, regional Court 2. All under that happened under a failed Chief Justice. And sending a high school graduate of the University of Liberia to the regional Court to win a legal case.
      The only argument from the high school graduate from the University of Liberia was, Liberia is a Sovereign Republic, with a sovereign constitution. Then what the Hell made Liberia to go to regional Court if that God Forsaken Land did care about its sovereignty and reputation ?
      Only an uneducated person with a civil war education like Mr. True or False Nationalist will understand everything as political.
      Told the other post that Liberia have many ships flying its flag . And Supreme Court has to be ready to defend the open Commerce and the sovereignty of that country. And the awful failed reputation and that of the Justice Minister, so far has got no chance of winning any case in any International Court. Especially when they can not even win a case using their own constitution. Can’t even defend their own constitution and its interpretations.
      That’s the law students at the nation’s highest Court that graduated from that nation’s highest University Ooooooooooooooooooooooo ! Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ! It is fair to say the Chief Justice of the Supreme Court brought his papers. And the women on the Court slept with their teachers. Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ! It all starts to show . Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha !

      • ”Continued to remain uneducated, as the Liberian Supreme Court….”James Davis, you do not even have the common elementary knowledge of the tenses.

        You really never went beyond high school, Davis. And this is why you believe every educated Liberian is a ”high school graduate from the University of Liberia ”

        James Davis, “political“ question doctrine IS NOT about “understanding everything as political.“ Political questions doctrine include problems clearly in the jurisdiction of the Legislature or the President, questions that defy resolution on legal constitutional grounds, issues that create intense political controversy, or cases in which decisions would prove difficult to enforce.

        For example, on numerous occasions both the Liberian Supreme Court and the American Supreme Court have ruled that the President, not the court, should determine whether the U.S. or Liberia should recognize a certain foreign government.

        The Constitution of Liberia, in Article 43, also makes manifest the political question doctrine by giving complete, full and SOLE power to the Legislature for impeachments.

        These are inter alia what the political question doctrine is about , and not as you believe in your high school drop out head.

      • Frederick Jayweh, continue to deceive yourself that we are anyone…whether your “Siboe Dortu Doe“ or Samuel Tweah or anyone.. The last time we were, according to you, the minister of finance and even others Now, after we have debunked and exposed you and your tautological contradictions, you are here retreating to the jurisprudential knowledge on the shades of “doubts“, and the brands of “evidence“ we have beaten into that dull skull of yours We do not mind, Frederick Jayweh. We shall always proffer you such assistance. You really need such help..

      • That is the point, why the Minister of Justice did not represent Liberia, because being too educated and versed in the laws, distance himself from the case and permitted an underling like Lafayette Gould and this attention getter, Cephus, to go and look what was presented, a concept that does not apply, “lack jurisdiction” . That Court does not have jurisdiction over such matters: why did they make Liberia to pay the Nigerian national his money that was confiscated from him at the Airport? someone say the court can only hear matters between states or nations, very wrong,it hears matters between individuals and nations alike.

        • Gbada Flomo, no one has said here the court can only hear matters between states or nations, We said that was the spirit (the ICJS) under which the court was created until sometimes in 2007 the mandate of human rights litigation was included.

          Now, what we have said and even the Liberian government have argued is that a case of IMPEACHMENT (THE POLITICAL QUESTION DOCTRINE) is beyond the jurisdiction of courts whether national, regional, or international! The lawyers of Janeh and those judges are simply pretending and laughably deluding themselves that the Liberian people are not informed.

          But, Gbada, have you asked yourself as to why …

          ”Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default”?

          THINK HARD, FLOMO! THE NIGERIAN BUSINESSMAN CASE AND SUCH OTHER CASES ARE DIFFERENT PLANETS WHEN IT COMES TO THE POLITICAL QUESTION DOCTRINE BEYOND THE JURISDICTION OF COURTS! PLAIN AND SIMPLE! THAT CASE IS A FINITO! NEITHER JANEH NOR THE COURT EXPECTS EVEN A DIME FROM THE LIBERIAN GOVERNMENT! PERIOD!

        • Gbada Flomo, ”the Minister of Justice did not represent Liberia” because the sovereign Republic of Liberia simply considers that litigation A TRIVIAL MATTER WITH ITS RULING, DECISION, OR ORDER DOOMED FOR THE TRASH CAN.

          When one knows that a matter is not important, he or she simply sends anyone to represent him or her, since his or her physical presence would give the wrong impression that he or she takes such matter seriously.

          So the Minister of Justice did not represent Liberia because he and the government believe that case is a foolish case. And this is why you have seen this Paper ending its headline WITH A BIG ”BUT”!

          And any rational or intelligent person sees the aforementioned position regarding the TRIVIALTY OF THIS MATTER in the statement in quotation below..

          ”Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.

          • ”ECOWAS Court Judge Edward Amoako Asante pointed out that since the court’s ruling, the Liberian government has failed to appoint a focal person, through whom the judgments from the court can be enforced.”

            “”They (GOL) have also shown a certain posture that they do not actually respond to the court’s judgment. But then, we’ll keep fighting and we will keep publicizing as you have done. Now, it’s on VOA; it’s going all over the place that the Liberian government, they are doing this, removing judges and all that””.Culled from Frontpageafricaonline

            Gbada J. Flomo after reading the aforementioned in quotation from the defeatist cry baby rants intended for mere public consumption from Edward Amoako Asante, you will now assimilate that your baseless and unfounded claim as to why the Justice Minister Proper did not give attention to that nonsense..

            ECOWAS SANCTIONS FROM MEMBERS STATES, AND THIS ECOWAS COURTS SANCTION ARE TWO DIFFERENT WORLDS. THE FORMER HAS WEIGHT, WHILE THE LATTER IS MERE RANT AS PROVEN HERE THAT..

            ”Enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.

            Accordingly, no one should get carried away by the distortions, falsehood, and inaccuracies, on the part of frontpageafricaonline which intentionally concealed the non enforcement measure of this court regarding any nonsense they may call sanction. Not to talk about the yellow journalism headline they have made with the sillyness from Armah Jallah who is one of the ten senatorial flunkies who foolishly thought they had the political might to stand in the way of impeachment.

            As for Edward Amoako Asante and his fellow rascals, they should know that the Liberian people are aware that rules of law binding on states emanate from their own free will as expressed in treaties and customs.

            So his displayed stupidity and hypocrisy equating impeachment proceedings with courts judicial process via his bull dung about their ”intention to discourage political maneuvering or interference into the courts in the region,” simply evidences to what degree they have made a fool out of Kabineh Janeh, and foolishly believing Liberia has free money to throw away or allow some clowns to tamper with our political sovereignty…most especially in a matter (IMPEACHMENT) our own Supreme Court dares not ever venture!

  9. Siboe Dortu Doe, AKA True Nationalist, is hiding himself because he is one of the many criminal minds and cold-hearted apologists of Mr. George Manneh Weah and his highly challenged and disappointing Government.

    Mr. Dortu Doe, simply runs from Law Dictionary-to-Law Dictionary reading through and literally copying and pasting legal concepts he manages to find along the way without actually knowing and understanding their real construction and applicability. Sad and unfortunate!

    Due to obvious and virtual stupidity, Mr. Dortu Doe, truly thinks and believes that there is a Criminal Law Concept known and designated by him as:

    1) Reasonable Doubt – you are guilty

    2) Unreasonable Doubt – you are not guilty

    Mr. Dortu Doe thinks and strangely believes that if so-called UNREASONABLE DOUBT of a defendant in a criminal prosecution is established, that defendant is NOT GUILTY.

    Where REASONABLE DOUBT is found, during a criminal trial, that defendant IS GUILTY.
    ,
    Where on earth did this Wheeler and Dealer attend Law School and which jurisdiction admitted and licensed this hustler and deceiver to practice law?

    In Criminal Law where DOUBT is created during the active indictment and prosecution of a defendant, no matter how clear and visible the guilty of that defendant is and appears, he must be declared not GUILTY.

    That is the law and there is no midway and no permissible exception relative to the role Doubt critically plays whether to convict or discharge a defendant.

    Where UNREASONABLE DOUBT is created during the hearing of a criminal matter, Mr. Dortu Doe, submits and concludes that that defendant is NOT GUILTY.

    Mr. Dortu Doe is certainly having difficulty as to what constitutes Tort Action vis-à-vis how criminal proceedings are initiated or conducted.

    Only lowlife and shameless hustlers will dare defend Mr. Weah and his Government while its Auditors are target and murdered in a space of 8 days using Reasonable and Unreasonable cooked up Criminal Law Concept to convince himself and propel is argument.

    Siboe Dortu Doe, AKA True Nationalist, is just a hustler!

    • Frederick Jayweh, that name Siboe Dortu Doe is a Kru name, and I am not a Kru man. I am a full blooded Gio+Kpelleh man. And I grew up in Gokala (Gbarpolu County) and Zorgoweh (Nimba County) respectively. When we were growing up and playing football on our Bad Happy Land field where the rule after 6 pm was ”you miss the ball don’t miss the man’s crazy bone”, we call people like you BOENUAHN…MEANING A PLAYER WHO NEVER DOES WELL ON THE PITCH.

      Now listen up, you boenuahn!

      Reasonable doubt is a standard of proof used in criminal trials. … Antithetically,, if the jurors or judge have no doubt as to the accused’s guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the accused’s guilt beyond a reasonable doubt and the accused (or the defendant) should be pronounced guilty.Frederick Jayweh, even a layman, via commonsense understands this!

      For of course, in any case (as is in life) THERE WILL ALWAYS BE DOUBT OR DOUBTS! BUT SOME ARE BOUND TO BE REASONABLE AND SOME SHALL OF COURSE BE UNREASONABLE. FREDERICK JAYWEH!

      My friend, unreasonable doubts are weighed against reasonable doubts, just as facts are weighed against facts, or evidence are weighed against evidence! Hence we have the relevant and the irrelevant!!!!!!

      We would not be surprise that that dull and simple minded skull of yours believes that An acquittal means the accused or the defendant is innocent!

      WE inter alia make this assertion supra based on your stupidity that …”Where UNREASONABLE DOUBT is created during the hearing of a criminal trial, the defendant is NOT GUILTY.”

      Do you not know this staple of legal thinking in Anglo-Saxon jurisdictions which states that ”it is better that ten guilty persons escape than that one innocent suffer”?

      Mr. Boenuahn, an acquittal simply signifies that a prosecutor failed to prove his or her case beyond a reasonable doubt, not that a defendant is innocent. That is, amid the obvious doubts which are seen by the judge or the prosecutor, those doubts were unreasonable! THIS IS THE CASE WITH THE RELEVANT AND THE IRRELEVANT! MR. BOENUAHN!

      Frederick, the very fact that you would believe that conviction or acquittal may be ”impossible” (and not even ”difficult”), tells you are not well schooled in the law.

      And this tells that Frederick Jayweh DOES NOT HAVE the intellectual acumen nor even the legal epistemological erudition to at a moment’s notice argue FOR AND AGAINST in a given case, despite the fact that the truth that is ever sacrosanct (in the discipline of law) is that one is no lawyer who cannot take two sides legitimately and legally!!!

  10. Mr. False Nationalist, you are plainly confused as to what constitutes and what you naively termed as Reasonable Doubt and Unreasonable Doubt in Criminal Law. Absolutely under Substantive and Procedural Criminal Law, there is no concept known and called, Reasonable Doubt or Unreasonable Doubt.

    TUEST ME, THIS IS STUPIDITY AT ITS BEST!

    When a defendant and his Counsel during a criminal proceeding successfully establish in court that the Case of the State crates a doubt that the defendant committed the crime for which he was indicted, charged, arrested and being tried, no matter how obvious and plain the guilt of that defendant might appear, he/she must be declared not guilty and set free by the presiding judge.

    There is no Reasonable or Unreasonably doubt here.

    Where the facts of a case run contrary to the law controlling, a doubt s created in favor of the defendant and thus, he/she must be acquitted and set free. In such cases, a seasoned trial attorney, after the State has rested or concluded the production of oral and written evidence, may move the court to acquit and set accused free.

    Absolutely, no judge or justice presiding over a criminal proceeding, will ever convict or acquit a defendant on the account of Reasonable or Unreasonably Doubt.

    You are totally confused and might be attempting to mix and apply Torts Law to criminal proceedings. Torts Law only apply to civil cases and those cases that criminal in scope, content and nature, you cannot Torts Law.

    Only Mr. George Manner Weah and his blind apologists may think like you and be overwhelmed by your empty and unrefined stupidity!

    YOU are a total alien to the Legal Profession!

  11. Daily, I am overwhelmed by your absolute naivety and plain stupidity. Mr. Reasonable and Unreasonable Doubt!

    Now I understand why the Weah-led Regime after its shameful defeat at the ECOWAS Community Court of Justice, thinks that it can subsequently submit and file a Petition for Judicial Consideration to have the Community Court to revise and aimlessly set aside its final judgment enter against Mr. Weah and his Regime.

    I hope my astute and distinguished Colleague, Cllr. Cephus, for political reason, is not accepting your advisement and reading the TRASH you write daily.

    Absolutely, a petition for judicial consideration, is a total waste of Liberia’s money.

    Particularly, tickets, hotel, feeding and unexpected legal fees to represent Liberia in Abuja, Nigeria.

  12. Frederick Jayweh, you see why it is a fact that you are a dummy in the filed of law! You dare make such nonsensical utterance about ”Now I understand why the Weah-led Regime after its shameful defeat at the ECOWAS Community Court of Justice, thinks that it can subsequently submit and file a Petition for Judicial Consideration to have the Community Court to revise and aimlessly set aside its final judgment enter against Mr. Weah and his Regime”!

    Frederick, do you not know whatever opinion that court has given IS A MERE INTERIM ORDER? And interim orders are meant to have the court obtain an ANSWER OR A REPLY from a respondent party or an appellee party?

    At least, one would not be surprise that non lawyers may not understand these simple or elementary aspects of such proceedings and may be deceived and misled by the propaganda and other disinformation by news outlets!. But to realize that someone who comes with stripes of titles all over and around his name, lacks the erudition of such aspects or junctures of municipal judicial process or international judicial proceedings, beats the imagination and shocks the conscience!

    NOW, FREDERICK JAYWEH, I TRUE NATIONALIST, YES MORE THAN QUALIFIED IN THE FOUR BRANCHES OF LAW …CONSTITUTIONAL LAW, BUSSINESS LAW, CRIMINAL LAW, AND INTERNATIONAL LAW, I HAVE NO LIGAMENT TO THE LIBERIAN GOVERNMENT VIS A VIS THE PRACTICE OF LAW …WHETHER ADVISORY, NEGOTIATION, DRAFTING, ADJUDICATION, LITIGATION, OR OTHERWISE!!!!!!

  13. The President of the Economic Community of West African States (ECOWAS) Court of Justice, Edward Moako Asante, and his fellow rascals as judges want to use the sovereign Republic of Liberia TO SET THEIR DIABOLICAL PRECEDENCE. What these rascals take our country for?

    No wonder ”enforcement of the ECOWAS Court’s judgments over the years has been a major problem due to the fact that none of the legal instruments — the Revised Treaty or Supplementary Protocols — discusses means of enforcement of the regional court’s rulings in the case where member states default.”

    And they foolishly think because their corrupt Philip Banks has sway over Rodney Sieh who will dictate to him such matters as was made evident throughout the impeachment proceedings, THEIR INTENT TO SET THEIR DIABOLICAL PRECEDENCE BY USING LIBERIA AS A SCAPEGOAT, they may be successful! You guys damn lie. Such diabolical intent is absolutely A LITIGATIVE MASTURBATION richly deserving divine retribution!!!!!!!!!!

Leave a Reply