‘Government Conduct Unpleasant’

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The ECOWAS Court of Justice 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.

— Human Rights lawyer Woods describes GoL’s rejection of ECOWAS Court ruling

Days after the Liberian government resisted the ruling by the ECOWAS Court of Justice instruting the government to reinstate impeached Associate Justice of the Supreme Court Cllr. Kabineh  Ja’neh, a Liberia Human Rights lawyer, Attorney Samuel Kafi Woods, wants the government to respect the regional court decision.

The Regional Court also authorized the government to pay Justice Ja’neh US$200,000 along with retirement benefits as provided for by the Liberian Constitution for retired judges which could sum up Ja’neh benefits to a million United States dollars.

Atty. Woods, who is a conusultant for the Liberia Law Society law firm said, Liberia is a signatory to the framework that created the ECOWAS Court and several other international instruments, and it is now duty bound to comply fully with the ruling of that court.

“Any decision or posture to disregard the ruling of the regional court can only serve to further convince all that the country itself in the unenviable darkness of lawlenesess, ” Atty Woods said in a release.

“It is bliss of ignorance not to acknowledge that on trial in the regional court was the government’s commitment to the rule of law, good governance and its dedication to respecting human rights.”

Woods believes that by ruling in favor of Justice Ja’neh, the regional court actually found the government to be wanting in its commitment to the rule of law, the principles of good governance and to the protection of the basic human rights of not only a Liberian cituzen but also a High Court Judge who should be immune from the threats of political recrimination for judicial decision.

“Such immunity provides judicial officials’ assurance for much needed judicial independence and coverage in the award of fair and impartial decision,” the release said.

Woods explained that the ECOWAS Court will not ordinarily speak on such direct time, “They ought not to be expected to, but Liberians and especially our leaders are wise to wake up to what was not respectively said by the court so as to fully understand and look to correct what was siliently expressed about.”

Atty. Woods also wondered, “How can the leaders of the country be investing time, resources and the capacities of the leadership admitted political maneuvers? How can the government be involved in the denial of the basic rights of citizens as well as risk undermining the integrity of the country’s justice system?” He said the government undermines the justice system by exposing its own judges to political recrimination for the judicial action and as determined by the related international conventions on fundamental human rights.

4 COMMENTS

  1. We elected renegades to govern our country what do expect to happen to it but further degenerate into chaos; this CDC-led government was not fully a year when they started to treat the organic laws of the country as a used toilet tissue. they bluntly violated the constitution by their illegal impeachment of Justice
    Kabineh Ja’neh because he did not support their illegal ascendancy to power.

    Next, they are craftily violating the the constitution again by overlooking the ruling of the Supreme Court to conduct an illegal referendum on changing certain provisions in the constitution of the country.

    They have determined not to listened to anyone or any voice of reasons, but to implement their grand schemes of governing this country by might! This man called president is also determined to stay in power for the longest that he can, he is not speaking on any isssue, because he has tacitly endorsed their every move. Democratic forces better rally up to deal with these people at all cost.

  2. Kofi Woods, your

    (1) ignorance, pretense, or idiocy, that because a sovereign country is a signatory to the framework that created a regional court (eg. ECOWAS Court) or an international or supranational court (ICC, ICJ etc) and several other international instruments, hence such a sovereign country is duty bound to comply fully with the ruling of that court even when

    (2) the ruling of the court runs contrary to the sources of international law such as rules (( eg.THE ASCENDING PATTERN DOCTRINE in which if State practice, will and interest point in some direction, the law must point in that direction too) expressly recognized by states

    (3) smells in the heavens and even on earth, for..

    (4) , international custom, and evidence of general practice accepted as law (OPINIO JURIS), or general principles of law recognized by civilized nations, etc. etc. should impart some sense in that empty skull of yours as manifestly evident hereunder or infra vis a vis the reaction of ECOWAS to the incompetence and corruption of that court infra!

    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.“

    Now, if the aforementioned cannot educate you that it is extremely stupid and disgustingly corrupt on the part of those so called judges to disgracefully come up with the presumptuous posturing that the court is a court of last instance with appellate jurisdiction over decisions of political question doctrines regarding for example impeachment or even decisions of national supreme courts ,then you better go back to school and be tutored on the law of treaties, or at least, public international proper.

    • Thanks Mr., you are absolutely right on the issues of not being a true nationalist. Kofi Woods is not a constitutional Lawyer and a patriot; he,s a human rights activist, if really he is, because this is a guy who accepted a public works minister post under Madam Ellen Johnson,s Administration when in fact he has no idea in road construction! let him keep quiet and concentrate on himself because he has nothing tangible to offer, especially on constitutional matters.

  3. Yekeh who is a formal rebel General may not have been a lawyer or gone to school, and many others spoke against this, CDC and many independent in the legislature said since they are in opposition they were wrong. It was indeed very wrong to impeach any one at that level even though there were some wrong done by him but the “so say one so say all” has and is causing this country to go down again. when will we as human listen to an opposite view, put this country first above out political party? this is a lesson that many case from now on will not end in Liberia if the Liberian Govt follow what ECOWAS court say.
    this can never happen in other country. no matter the court location, there is no court higher than the supreme court of Liberia. this was a big mistake made by others. the ECOWAS court is on another land. It should never have a say over our highest court.

    But this is the result of what happens when you take public office and afraid to died for the true or want favor from the president of a set group of people without doing the right thing.

    the only way this can be corrected is to remove all the lawyers, judges, supreme courts justices, Senators who voted for this ruling, up to the level of the president. WHICH LOOK VERY IMPOSSIBLE TO CDC.
    but its possible. It happens after 15 yrs of war, we change every thing now our law is affected at the highest level.

    Or pay the fine and never do this again.

    Or this may bring out another tension that we will not be easy. Pay the man now and put this behind before its too late. the damage has been done.

    very soon lawlessness will take over this country if the higher up don’t do something about this.
    this is just a sign that there can and will never be justice for those the president or hi cabinet done like.
    and they will start to fight back physically instead of going to the court.

    A hit to the wise is enough. we don’t want to start running to other countries for safety again oooooo.

    people are about to say “SO SAY ONE SO SAY ALL” on Dec 8 again in favor of CDC even if the guys are good but can’t debate with the govt to help bring change to the country.

    we need think before we vote and stop the so say one so say all.

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