Ja’neh Impeached for 2017 Dissenting Opinion?

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

Cllr. Kabineh M. Ja’neh, former Associate Justice of the Supreme Court of Liberia, has disclosed that the sole reason for which he was impeached was because of his 2017 dissenting opinion from that of his colleagues, who ruled that the reports of fraud during that year’s elections were not egregious enough to require a re-count.

Whether his opinion is true or not, in its possession copy of the online interview Cllr. Ja’neh had with political activist Martin K. N. Kollie and Ansony Sieh of Focus on Liberia, an online TV platform operating in the diaspora in which the former Associate Justice said his descending opinion then exposed him of being not one who compromises on legal matters.

“I don’t have any empirical evidence but I sense that the people were not happy with my dissenting opinion. And in view of what is going on now in our country wherein the Judiciary has become virtually an extension of the political departments, they can do whatever they want,” he said, adding “Probably I think it would have been very much difficult, with [me] being part of the court.”

It can be recalled that on March 29, 2019, the Liberian Senate concurred with the House of Representatives to impeach Justice Ja’neh, who claims that the action by the legislature was partly on account of his decision rendered in Chamber in the case concerning the government’s imposition of taxes on petroleum products without using the Legislative functionary.

In the opinion of the Senate, Ja’neh was guilty because he allegedly facilitated economic sabotage.

The former Associate Justice was also charged of misconduct, abuse of public office, misuse of power and corruption, but those charges, lacking evidence from his accusers, Representatives Thomas P. Fallah and Acarous Gray of Montserrado Electoral Districts #5 and #8, respectively, were dropped.

Ja’neh explained in his interview that Senator Prince Y. Johnson, prior to the impeachment proceeding, visited him and asked him to accept a certain amount of money (not disclosed) and leave the Supreme Court’s bench without an impeachment but he declined on grounds that he could have never accounted for said amount, more so that he did not work for said money.

“My own Senator from Nimba County, Prince Johnson, came to me and told me that the George Weah led administration was not interested in working with me and as such I should accept a payoff and leave without impeachment.

“I only asked him, what could I have said tomorrow to my children, friends and the general public about such money? I obviously refused,” he said.

According to the former Associate Justice, Senator Johnson was not happy with the decision to refuse the offer.

“He was not happy but I had to stand my ground for the cause I believe in,” he said, adding, “In the first place, what did I do wrong to leave the Supreme Court, or is it President Weah’s farm or Speaker Bhofal Chambers’ plantation that they should choose at any time to decide who serves at the Court? That, I could not reckon with; so I refused to give in.”

Ja’neh noted that the case about the government’s arbitrary imposition of taxes on petroleum products was not overseen by him alone, but also the Chief Justice, Francis Korkpor and the rest of the Associate Justices.

“They, too, should have been impeached, if that is what they believed — that I deserved impeachment from the Bench. We all agreed on the ruling that the government was wrong by imposing the taxes without Legislative approval and the government accepted the ruling and promised to meet with the petroleum importers and settle the matter out of court.

“All of my colleagues, including the Chief Justice, signed that decision. Why, then, I alone should be punished,” he asked rhetorically.

He said the entire impeachment proceeding was boggus and completely against Article 73 of the 1986 revised Constitution of Liberia.

Article 73 of the 1986 revised Constitution says “All persons shall be entitled to freedom of thought, conscience and religion and no person shall be hindered in the enjoyment thereof except as may be required by law to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”

Ja’neh emphasized that no judge is to be punished, according to law (unmentioned) for decision or opinion rendered in court while still actively involved in the adjudication of a case.

Lost confidence in Chief Justice Korkpor

The former Associate Justice expressed his disappointment in Chief Justice Francis Korkpor for knowingly presiding on what he knew was wrong, but ignored.

“To me, the chief priest of the justice system is unfit to continue serving in that role. He has given in to the ruling establishment and [is] dictated to most of the time. What the Legislature or the Executive branches of government want done, that is what happens with Korkpor in charge of the Judiciary,” he alleged.

He expressed frustration that orders from Supreme Court are no longer respected by both the Executive and the Legislature because there is no one like him (Ja’neh) on the Supreme Court’s Bench who consciously rejects manipulations, influence and intimidation.

“When I was there, one thing I realized was that the Executive had so much control and what kept playing on the justice system was the total control of its (Judiciary) budget. I worked things out with my colleagues and today the Judiciary has financial autonomy. No more President deciding when and how to pay the Justices,” Ja’neh boasted.

He pointed out, however, that in spite of the financial autonomy, the Judiciary’s budget is still tampered with every fiscal year.

“The budget was US$20 million but, when Weah came to the Presidency, they brought it down to US$17 million. In fact, it is on the book but it hardly comes in full in the fiscal years under Weah. That is killing the justice system. This is why we are going nowhere except backward,” the former Associate Justice said.

When contacted about Justice Ja’neh’s allegations, especially those concerning Chief Justice Korkpor, Atty. D. Ambrose Nmah, director of communications and public affairs at the Supreme Court, said the Court will have a word to say, but after listening to the interview Ja’neh had with Kollie and Sieh online.

“I will need time to listen to it and even share it with the Justices,” Nmah said to the Daily Observer through a text message.

Author

  • David S. Menjor is a Liberian journalist whose work, mainly in the print media has given so much meaning to the world of balanced and credible mass communication. David is married and interestingly he is also knowledgeable in the area of education since he has received some primary teacher training from the Kakata Rural Teacher Training Institute (KRTTI). David, after leaving Radio Five, a broadcast media outlet, in 2016, he took on the challenge to venture into the print media affairs with the Dailly Observer Newspaper. Since then he has created his own enviable space. He is a student at the University of Liberia.

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David S. Menjor is a Liberian journalist whose work, mainly in the print media has given so much meaning to the world of balanced and credible mass communication. David is married and interestingly he is also knowledgeable in the area of education since he has received some primary teacher training from the Kakata Rural Teacher Training Institute (KRTTI). David, after leaving Radio Five, a broadcast media outlet, in 2016, he took on the challenge to venture into the print media affairs with the Dailly Observer Newspaper. Since then he has created his own enviable space. He is a student at the University of Liberia.

24 COMMENTS

  1. Keep your voice civil and try to bring the conversation down. Escalating the anger during a disagreement could make a conversation spiral out of control and can damage the relationship over the long run.

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  6. Attempt to do something each day that shows her you care. Making dinner, leaving a nice note, buying flowers, or telling her you appreciate what she does will make her feel special and show that you really appreciate it.

  7. When sometimes ago Associate Justice Janeh was given a 72 hours ultimatum to restitute salaries and other Incentives and funds allocated for courts and their staff in counties under his jurisdiktion, was it because of his dissent??????

    When prior to the 2017 elections, the same Janeh along with Philip Banks, and another Justice were on the brink of being impeached by legislators and the President of the Senare then VP Boakai, was it because of his dissent in 2017 held election?

    When Janeh acted as defendant and judge when he snatched away from a 90 years old poor widow her only property to live on, was it about his dissent in 2017 held election?

    Janeh is simply heartless, and corrupt, and ge needed to be impeached!!!!!!!!

    • THIS RUTHLESS LURD REBEL COMMANDER should not have become an Associate Supreme Court Justice in the first place, added to the compromised of his sppointment, made him all powerful, consciousless, in the land snatched of that 90-years old poor woman and no matter what he was told including ultimatiums he was intent on iwning her land.

      Those who foolishly support this impunity as a trading bait for greater transparency and accountability are often blinded by their regime hate tolerance for injustice.

      Why depriced a 90 old grandmother of her only livelihood and yet claim the ghost of that is a witch-hunt of a dissenting opinion to be belived by fools who support your political plalatude?

      THIS KILLER, LIKE PRINCE JOHNSON, ,DESERVE S NOTHING OF SANITY BUT TO ROT IN PRISON !

  8. WHY DIDN’T YOU JE’NEH TALKED ABOUT THE OLD LADY PROPERTY YOU TOOK FROM HER BY FORCE USING YOUR POSITION AS ASSOCIATE JUSTICE OF THE SURPREME COURT, YOU THINK PAPER CAN HURT IN DOG EYE EHN, GO SLEEP. ECOWAS HAS RULED FOR YOU TO GET 200,000USD, LET’S SEE WHO WILL PAY THAT MONEY, FEWHN U WILL NOT GET.

    • Pls listen to his interview with Martin Kollie, he did address the land issue. Arthur Johnson, one of his lawyers even spoke abt this land issue on Truth Breakfast Show with AB.

      • Mortimer Ketter, and you expect him Kabineh Janeh or his lawyer to say what really happened, in effect plead in the interest of the 90 years old poor widow. What a height of naivety!

  9. Kabineh Janeh, you here ranting about you have lost confidence in Chief Justice Francis Saye Korkpor? You should be ashamed of yourself to spew such rubbish about an honorable personality as Chief Justice Korkpor.

    You should be ashamed of yourself to rant about “the Executive was the total control of its (Judiciary) budget, and you worked things out with my colleagues and today the Judiciary has financial autonomy“ when the fact is that you corruptly and criminally pocketed and inflated your bank accounts with budgetary funds for the very Judiciary, until you were caught red handed and compelled with the threat of arrest and impeachment if you did not, in three days, put the money back into the account of the Judiciary!!!!!!!!!.

    My friend, just shut up and be happy and grateful to the Senate for not also (after removing you) putting you behind bars and banning you from any public office as authorized by statutory and constitutional penalties. In fact, that was the only mistake they made. If they had taken those three statutory and constitutional punitive measures against, you would not be attempting to insult the intelligence of the Liberian people.

  10. What this war criminal thinks? That PEDDLING LIES WILL CHANGE THINGS? Or That because his fellow war criminals appointed him as justice minister a position he used to steal land from a poor 90 years old widow GOD WAS SLEEPING?

    And so when Ellen Johnson Sirleaf, in order to pack the Supreme Court’s Bench with her stooges (Philip Banks, Kabineh Janeh, Jamesetta Wolokolie, etc.) and appointed him Janeh, he had an immunity from been impeached even after committing such gruesome crime of economic sabotage and abuse of discretion!

    Continue to make a clown out of yourself, you war war criminal until we have arrested you and place you behind bars for your war crimes together with you and your so called senator whom you are now peddling lies against and against the government.

  11. Kabineh Janeh, continue to make a clown out of yourself, you war war criminal until we have arrested you and have placed behind bars for your war crimes together with you and your so called senator whom you are now peddling lies against and against the government.

  12. Look who is whining about due process even after enjoying those provided in the Constitution of Liberia. Kabineh Janeh denied a widow who is 90 years old her due process while he Janeh as Justice in Chambers presided as Judge and defendant in a case he Janeh was accused of stealing the old lady’s land!!

    He is here spewing rubbish as Chief Justice Korkpor should have recused himself from his Janeh’s impeachment. But he Janeh never thought of recusing him Janeh’s self from the case against him Janeh for the poor old lady’s land.

    This guy is really corrupt. He pocketed monies for the court, and only returned it after he was given an ultimatum of 72 hours to make such restitution. As if such official misconduct was not enough, he asked for and receive bribe at the expense of huge revenues that should have come in for the whole country. And with such abuse of discretion, he furtively tried to run around with impunity.

    After all these criminal misconducts which were PRIOR TO THE 2017 ELECTIONS, he wants sound people to believe that he was impeached for dissent on the Supreme Courts decision regarding the 2017 elections.

    Well, he and those thieves at the ECOWAS Court of Justice have now realized that The Liberian Senate in no way violated the rights, in any form, of Cllr Kabineh Ja’neh prior to, during and after his impeachment trial, and that following a decision of the Supreme Court of Liberia or following an impeachment by the Liberian Legislature, NO COURT IN THE UNIVERSE CAN EVER HAVE THE JURISDICTION TO OVERTURN SUCH DECISION WHETHER FROM THE SUPREME COURT OR THE LIBERIAN LEGISLATURE.

  13. I have listened to some of the comments from posters and then realized that we permit ourselves to be slaves for people who do not measured up to us. The many civil crises we went through as a country was because of the abused of power and the violations of the rights of our fellow citizens. Most of you people supported government for violating our constitution to get rid of their perceived enemy in person of Kabineh M. Ja’neh. As early as over a year the government barked upon a task to get him from the Supreme Court Bench, by using the the land issue of old lady Constance as a pretext: Did they get the land from Ja’neh to give it to the old lady? Certainly not.
    The CDC government has now brought the Judiciary under its control and you as lay man will never get Justice there, if you have problem with any government official or strong partisans of the CDC; then you will realized your irresponsible comments.
    These are some of the issues that made people to take up arms against SKD and his regime that led to a quarter millions death. The abused of power!! Look how our Judiciary is made simple in the sub- region and perhaps, internationally.
    What investors will want to come to a country that does not respect the rule of law? The war has not taught us any lesson yet, we will not at it again, if this government continued to think they are more powerful than everyone else.
    A hint to the wise is sufficient.

  14. You dare make such reckless crap as ”What investors will want to come to a country that does not respect the rule of law?” EVEN WHILE local, regional, and international media are carrying such headlines…New Millennium Challenge Compact Scorecard Shows Improvement in Rule of Law in Liberia. What you should be doing is giving thanks and praises to a government set to build you a great nation.

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