Gongloe Warns against Executive Control of Judiciary

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Tiawon Gongloe_web.jpg
Cllr. Tiawan Gongloe, President, Liberia National Bar Association

-Says it could scare investors

The newly elected president of the Liberia National Bar Association (LNBA), Cllr. Tiawon Gongloe says “nobody will like to invest in a country when the judiciary is controlled by the Executive branch of government.”

Cllr. Gongloe raised the concern in an interview on December 2, 2018, following his election as President of the LNBA recently in Buchanan, Grand Bassa County.

He delved into the saga in which the House of Representatives want to remove Associate Justice Kabineh Ja’neh which has become a tussle for several weeks that he believes some elements demonstrate the disrespect for the rule of law and afraid that foreign investors could be scared from investing in the economy to the country’s detriment.

Cllr. Gongloe pointed to an act of disrespect for the rule of law particularly in the on-going impeachment proceedings involving Associate Justice Kabineh J’aneh, and noted that regardless of whether or not the proceeding was correct, the Legislature should have adhered to the law by making an appearance in the Supreme Court.

Cllr. Tiawan Gongloe is known in the public space for his frank and strict approach to legal issues and human rights.  Most times he has been referred to as a “Pro bono” lawyer who renders legal services freely to people who cannot afford legal representation.

On the contrary, he said the House of Representatives, headed by Speaker Bhofal Chambers, refused the order from the high court, which he noted was a total disrespect to the Supreme Court.

He said at the time of this occurrence, the Liberia National Bar should have spoken against what the Legislature did, because it was a gross disrespect to the law and the high court.

He said as the case goes to the impeachment proceedings, he is watching to see if the Chief Justice will preside over an impeachment proceeding that is growing out of disrespect for the rule of law and the Supreme Court.

He said if the Chief Justice presides over this very matter, he will be conspiring with the Legislature to undermine the Supreme Court and the rule of law.

Cllr. Gongloe added that for the Chief Justice to preside over the proceedings at the Legislature will indicate that he is conspiring to overthrow the rule of law, and he (Gongloe) believes that the good judgment of the Chief Justice will not allow him to do that because he will be acting against himself.

He said if he were president of the Bar at the time, he would have come out with a statement because the act by the Legislature to disrespect the high court undermines the legal profession, which lawyers depend on to make a living.

Cllr. Gongloe argued that the court was not set up for “small people” alone as far as Article 11 (c) is concerned.  The Article states:  “All persons are equal before the law and therefore entitled to the equal protection of the law.”

He said without respect for the rule of law and human rights, and without equity in the application of the law for both ordinary citizens and the elite to feel the impact, there will be no peace. He, therefore, said his colleagues have given him the mandate by voting him to defend the law.

On the establishment of a war crimes court to prosecute people who committed war crimes and crimes against humanity, Cllr. Gongloe, who has earlier made his position clear that he supports the venture, said the Bar will come up with its decision. He promised to encourage members of the Bar to support it as he does, because there can be no way for an organization of legal professionals to be neutral in an issue relating to the abuse of human rights.

He said in the establishment of a war crimes court, lawyers will be asked to provide counsel, Liberian judges will form a part and there will be so many things that will need the intervention of the lawyers.

With a threatening statement from Nimba County Senator Prince Johnson that his house will be visited by fighters in case the call for a war crimes court results into war, Cllr. Gongloe, who is also from Nimba County, said he cannot dignify this statement and its source.

14 COMMENTS

  1. Let Tiahwen Gongloe who was caught By the Police Director when he Gongloe went stealing the police letterhead cite which statutory law or constitutional proviso stipulates that “the Legislature should have adhered to the law by making an appearance in the Supreme Court”.

    So this corrupt Gongloe is also ignorant of impeachment proceedings and or the “political question” doctrine which forbids the interfereance of the Judiciary or the Supreme Court! My God!!!

    • Dortu may have serious craw, craw in his mouth. He goes everywhere defending against everything that’s good for Liberia. Look idiot, tribalism will not benefit you; stop supporting every ill just because you think it benefits your tribe’s man. Setting in another man’s country talking crap. Nonsense!!

      • Cllr. Tiawen Gongloe does not make sense, and he contradicts himself. He worked in the Ellen Johnson Sirleaf Government which he seriously campaigned for, and was rewarded with the post of Solicitor General of Liberia at the Ministry of Justice.

        In that government, Ellen Johnson Sirleaf appointed every single member of the Bench of the Supreme Court. Even appointed justices who replaced justices of the Supreme Court were appointed by the government which Gongloe campaigned for and which rewarded him with various posts in government; though he was later unceremoniously given the boot.

        With such appointments by the then Executive Branch, it became clear that they were all STOOGES of the Executive Branch as was proven in the Code of Conduct case, and the case against the NEC head Korkoyah which Gongloe and Dr. Tipoteh took to the Supreme Court. And this was simply because Gongloe and the President could not see eye to eye.

        So, Mr. Cllr. If with such very clear control of the Judiciary by the Executive, investors were not scared away, you are simply been untruthful, deceptive, selfish, and hypocritical, to tell us with only two justices been appointed by this Executive, his appointments would scare investors away. The Liberian people are not fools; Mr. Cllr. Minds as your are the real enemies and wolves in sheep clothing.

  2. Dear Dortu-Doe,
    You are prolific liar!!! I can tell you that in your face. The incident you are talking about never existed, Mr. Liar!
    At long last we have someone as president who will talk truth to power; he had done it before, hence he will continue to do.
    Which Law school you fraud graduated from, non, stop impersonating as a member of this profession; because, the way you talk and react to issues, speaks volume, you liar!!!
    Thanks.

    • Gbada Flomo, Gongloe’s stealing of a police letterhead in 2008, and his been caught and disgraced by the the first female Inspector General and Director of the Liberia National Police Colonel Beatrice Muna Sieh is a public record. Check the Daily Observer, the Police Central Headquarters, or FPA.

      The Lewis Arthur Crimes School of Law is no match to any of the law schools or law faculties I have attended, not to talk about the one from which I graduated at the graduate and doctorate level, nor the British Institute of Comparative and International Law where I shall be returning in January to do a post-doctorate research on the topic: Restoring Effective International & Global Justice to National Courts under Universal Jurisdiction.

      Gongloe is not only a “gbagbatee” lawyer, but indeed, a very corrupt one. When Gongloe was the Chief Prosecutor at the Justice Ministry, the Government of Liberia did.not win a single case, even when and where the overwhelming evidence and proof beyond all reasonable doubts were so clear as the light of day against mostly prime suspects in both homicide cases and white collar crime cases. And the reason weren’t because the primary function of the prosecution is to seek justice and not necessarily conviction, but rather because of the then Chief Prosecutor’s ignorance and corrupt mindset.

      What proves all of the above is made evident in this Janeh’s impeachment by the House, and the set trial by the Senate next month. An impeachment, which according to Gongloe should be halted because the culprit Janeh is his friend and his subdivisional kin, on the one hand. And on the other, because according to his Gongloe’s egg head, there are no limitations to the Supreme Court’s judicial review, nor any constitutional doctrines as the “POLITICAL QUESTION” DOCTRINE AND SEPARATION OF POWERS DOCTRINE.

      According to this silly reasoning of the joker and his cohorts, the House of Representatives which has THE SOLE AUTHORITY AND POWERS to carry out impeachment proceedings, should seek approval from the Supreme Court prior to such proceedings, despite the fact the Supreme Court is prohibited by principles of separation of powers from interfering in the fundamental workings of the other two “political” branches of government.

      According to these judicial dullards, ” the Supreme Court is not even forbidden and prohibited from second-guessing the President, Senate, and the Legislature. IMAGINE!!! According to the reasoning of these corrupt crooks in this Janeh’s impeachment case, it is not the President who should determine whether the Republic of Liberia should recognize a certain foreign government, but the Supreme Court should make such determination! IMAGINE!!!

      With all the law these people claim to know, their knowledge in the art of understanding and interpreting the law is so disgusting, to the extent that blinded by this idea of “court of last resort” which is limited to cases, disputes, or controversies, within the jurisdiction or judiciak review powers of the Supreme Court, and which have absolutely no ligament to impeachments(the 11th and 26th words of article 43 of the Liberian Constitution) or amendments, they seem to have absolutely no idea of the difference between impeachments SOLELY THE SINGULAR PREROGATIVE OF THE LEGISLATURE, and “court of last resort” cases within the judicial review powers of the Supreme Court.

      You people better don’t take any joker serious simply because when they are not in the Government, they got mouth to display hypocrisy by criticizing government, even when totally unwarranted. Any serious lawyer will never disregard THE NORMATIVITY OF THE MORAL IMPULSE simply because THE CONCRETIVITY OF THE LEGAL IMPULSE. And this is why in all constitutions, impeachment offenses will always generally be of two categories – MISDEMEANOR AND HIGH CRIMES. A public official may be impeached, convicted, and removed from office for ANY OF THE TWO!

      So, corrupt Tiawen Gongloe should know that the mere fact, he is only so disgustingly, and shamelessly, obsessed with WHY the Legislature has upheld the Constitution by inter alia NOT ALLOWING THE SUPREME COURT TO FLOUT, VIOLATE, AND TRAMPLE ON THE POLITICAL QUESTION DOCTRINE, etc. he Gongloe should bear in mind that the public has taken note of his;

      (1) heartless indifference to the rights of the poor old lady and widow whose land Janeh took and sat on the very case as judge and plaintiff/defendant.

      (2) his Gongloe’s chronic ignorance of the limitations on the judicial review of the Supreme Court. And,

      (3) his Gonglone’s being the opposite of a true human rights lawyer viz his:

      (4) insensitivity and lack of conscience regarding the plight of the poor old lady, and his displayed or at least apparent ignorance of the constitutional definition of misdemeanors as it relates to IMPEACHMENT. Hence, he Gongloe should:

      (5) spare the public of his hypocrisy, crocodile nonesense, and total lackadaisical rant about “executive control of the judiciary and scaring away investors” WHEN what he Gongloe has asserted and displayed is his selfish desire to have the Judiciary control the Legislature – a constitutional insanity which is bound to scare not only investors, but also reduce and degrade the Supreme Court to a kangaroo court!

  3. I respect Cllr. Gongloe, but I disagree that the Supreme Court had any constitutional authority to interfere with the impeachment proceedings at the Legislature. It was simply judicial overreach. The constitution is very clear on this matter. Even the Chief Justice opined that the court should have never gotten involved. Cllr. Gongloe’s argument at the court that amending Senate rule 63 violated the ex-post facto provision in the constitution was an error and the court rejected that. The ex-post facto doctrine only applies to statutory laws, not Senate rules because it only applies to how the senate conducts its business. Any well-read person would know the distinction.

  4. Tiawon Gonglo is the best human rights lawyer I have ever seen in the entire Republic of Liberia. He is arguably the best person to head the Liberia Bar Association. He is the lawyer of the indigent, as he seeks to represent the legal interests of all those who cannot afford the Varney Shermans, Musa Deans and the Koffi Woods’s. Tiawon Gonglo is not a tribalist, as I have seen him representing Liberians from all walks of life regardless of tribe or religion.

    I have seen him representing the Krahns during the Taylor and Sirleaf administrations, cases that were all won in court. He resigned his position as solicitor general of the Republic of Liberia due to disagreements on prosecutorial discretion with the powers that were.

    Although I do not know counselor Gonglo personally, I have been following his activities since 1990. I have never found an incidence of moral turpitude on his part. I would wish to reach out to him some day to tell him thank you for his service to the people of Liberia.

    • Jeremiah Shar, I disagree with you. A best human rights lawyer would have never kept silent and content while and after a judge trampled on and violated the human rights of anyone. Gongloe knew everything about how Kabineh Janeh went about the poor old widow’s property, and even the case of Austin Clarke who was arrested and jailed for nothing. And this same Kabineh Janeh for whom Gongloe is wrongly accusing the Legislature, is on record for been a key player in that matter. Why Gongloe as a human rights lawyer never raised any issue, even while this very cite raised issues on all of these matters? Referring to such a man as best human rights lawyer is incorrect. Gongloe is simply one of those people who to seem good in the eyes of the public will criticize everything a government will do or not do, once he is not in that government. But when he is in the government, he says nothing. When Gongloe was Labour Minister, our people in Nimba with the Mitral Company suffered several labour abuses, while Gongloe also from Nimba kept quiet and was even an accomplice of these abuses, SIMPLY because he was Labour Minister. Gongloe is simply a politician seeking his own interest. I agree with those who say Tiawon is a selfish pretender.

    • Paul, you probably do not know what a decent.man is, or for you, the truth is determined.by relationship. That is, Tiawon Gongloe might be a friend or acquaintance of yours. Decency is never seasonal. How can a decent character be this subjective and unfair. When Gongloe was labor minister there were so many violations of labor regulations throughout the country. Gongloe is only making such utterances because his candidate lost the elections. Remember, it was because of Gongloe’s corrupt and selfish lifestyle that upon nomination by Ellen Johnson Sirleaf, he was rejected twice, until Ellen bribed and begged the Senate to confirm him. I am sure you have read what his fellow Nimbaian Kou Gontee has commented about him. Gongloe is the typical politician. HYPOCRITES! If Gongloe’s choice of the presidency had won the election and appointed him in the Government, he would never be spewing all these rubbish. Paul what decent individual would see nothing wrong with what Judge Janeh made that poor old lady go through?? Is that what you perceive is decency?? Tiawon Gongloe is just what Jesus described the Pharasees to be: whitewashed tombs! Tiawon Gongloe is a selfish and heartless man.

  5. Dortu, as educated as you claimed, if this is the kind of country you envisioned for you and your kids, your education is wasted, a piece of shit and You are a sick minded individual. I wish you could disclose your true identity because Liberia has no room for someone like you.

  6. Yeah, this whole muyah-muyah thing was all about power. Oppong is very unqualified for the office he sits in and he knows it. So the only way to safe guard his presidency is to have control of the other two branches on government. He already has his stooges in the House of Representatives (Bhofal Chambers) and Senate ( Albert Chie). So once he has control of the judiciary, then he can have some sort of security.

  7. My learned Colleague, Cllr. T. S Gongole by invoking the ex-post doctrine and his proposition that Senate Rule 63 violates the Constitution of Law, for the most part, is merely a political argument and not an argument that has any origin under the law, tradition and practice of Liberia. As Mr. Phil George rightly puts it, the Ex-post Facto doctrine, only applies to the birth or an enactment of a statute. Like the Rule making of both the Circuit and the Supreme Courts of Liberia, Rules made by the the Senate and/or the House of Representatives, are not one and the same as the enactment of a legislation into law. For all intents and purposes, internal Rules made by the Senate and/or the House, simply govern the Senate and/or the House. Whereas legislation enacted in law, sign by the President of Liberia and printed into handbills, governs the whole of Liberia and its people. Acts of the Legislature, absolutely bind Liberia as a nation and all the people of Liberia. That being said, the Senate or the House of Representatives, atwill, may amend its own Rule (s) at anytime; the Senate and/or House may amend its rule (s) without offending the Ex-post Facto doctrine or Liberia’s Constitution. Cllr. Gongole’s argument before the Supreme Court of Liberia for Senator Wesseh and others, runs afoul with the law, tradition and practice of the Republic of Liberia.

    I am truly certain, minus politics, Cllr. T.S. Gongole, knows best!

  8. Self-proclaimed and bragging legal mind, Doe. Watch your language and know who you are addressing! You sound more like a party or parochial defender than a practicing lawyer. Please keep quiet and let someone else, or your performance and contribution to society speak for you. Get 200 credentials and hang them on your walls, go bragging about them at various beer parlours. It will all end up in vanity; because you are not even known, not to even mention your performance or productivity or resourcefulness. But let this true statement guide you when you are tempted to engage resourceful, renowed, educated, proven legal mind and human rights lawyer like Cllr. Gongloe: “People don’t care about how much degree you have received until they know how much you care.” If you are really a lawyer, as you claim, you need to you know your position and utility as far as serving the masses of the people is concern.

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