Ja’neh’s Impeachment Drive Shifts to Higher Gear

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Associate Justice Kabineh M. Ja'neh fate to be decided on Thursday, February 14, 2019.

From all indications the impeachment proceedings by the majority members of the Lower House against Associate Justice, Kabineh Ja’neh have shifted into higher gear with the appointment of Criminal Court ‘C’ Judge Boima Kontoe as Ad-Hoc Justice to sit on the Supreme Court bench in place of Justice Ja’neh.

Kontoe’s appointment was announced yesterday by President George Weah in keeping with Article 67 of the 1986 Liberian Constitution.

That article states, “The Supreme Court shall comprise one Chief Justice and four Associate Justices, a majority of whom shall be deemed competent to transact the business of the Court. If a quorum is not obtained to enable the Court to hear any case, a circuit judge in the order of seniority shall sit as an ad hoc justice of the Supreme Court.”

Being the oldest Judge in the country, Kontoe is duly qualified for the appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court during the impeachment hearing of Justice Ja’neh at the Senate, where Chief Justice Francis Korkpor would preside over the matter and will be assisted by three other judges, including Kontoe, said a Supreme Court lawyer to the Daily Observer immediately after the appointment, on condition of anonymity.

The lawyer said if Judge Kontoe were not to be appointed, in a situation where Ja’neh’s impeachment was to be decided and the total number of sitting justices was only 3 in the Supreme Court, it would consequently mean that the quorum is not fulfilled.

And so, Kontoe’s appointment is a significant step to be successful in Ja’neh’s impeachment.

The lawyer explained that Ja’neh impeach case requires the sitting of all five of the justices, in which Ja’neh is not qualified to sit as a justice during the impeachment hearing.

“With a case requiring 5 justices, the quorum can’t be met with 3 justices. This leads to a deadlock and lawmakers will not be able to move forward for Ja’neh’s impeachment,” the lawyer noted.

“This is the right direction to set the stage for the commencement of the long-awaited impeachment hearing of Justice Ja’neh ,” the lawyer noted.

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.

7 COMMENTS

  1. At least, the poor 90 year old widow will be able to get her land back stolen By this judge Kabineh Janeh! Kabineh bad behavior exceeded and anything evil. This man Kabineh Janeh must be the devil personified. And then he calls himself Mohamed. These are the people spoiling our names and religion.

  2. This is purely a witch hurt against Judge Jeneh.
    George Weah is against Jeneh because he voted against his party during the election and I hope Judge Jeneh gets exonerated.
    If it starts with Mr. Jeneh, rest assure Liberians, it will happen to you too.

    • Was it a witch hunt when Janeh abused his official powers as a judge of the Supreme Court to steal the poor 90 years old widow’s land?

  3. Why is there a need to appoint a replacement for Justice Janeh on the Supreme Court? The trial at the Senate only requires the Chief Justice, who will preside over the Senate’s hearing. The entire Court does not preside over the Senate trial. The story is not clear to me exactly why the appointment was necessary. The trial at the Senate does not compel Janeh to relinquish his position as a Justice on the Court, neither is there his automatic suspension from his position as an Associate Justice, and I am not aware of Justice Janeh recusing himself from sitting on the bench until his trial is completed. Not familiar with Liberian Jurisprudence, I’ll have to read more and acquaint myself with Liberia’s Jurisprudence to understand if this is an acceptable decision under the Constitution. From the citing of Article 67 in the above article, I don’t see that, and it may be applied incorrectly here. This appointment, relying on Article 67 suggests that the impeachment proceedings against Janeh suspends him from serving on the court, as I read the article.

  4. The president needs to get out of this case,and let the Supreme court do its job. Justice Jane’h didn’t abuse any power .As a matter of fact,Justice Jane’h stood up to power through his dissent during the election,and this is why he’s being witch hunt I believe.I also think because of his ethnicity (mandingo)–racial discrimination!! “Injustice anywhere is a threat to justice everywhere”-Dr. MLKing

    • This case has nothing to do with ethnicity or witch hunt although some people are trying to frame the conversation as such. It’s about justice and the rule of law. His bad behavior undermines the integrity of the Supreme Court and thus our democracy. One of his alleged malfeasances is buying stolen land, and worst yet refusing to return it when it became clear to him that the property did not belong to the seller. And he is quite aware of a common practice in Liberia for people to fraudulently sell land that doesn’t belong to them. Had he returned that property to its rightful owner and apologize, that would have been the honorable thing to do. But he didn’t. In fact, he presided over the case when it came before the Supreme Court, instead of recusing himself. That was a clear abuse of judicial power and it cannot be tolerated. We cannot have a Justice on the highest court behaving like an outlaw.

  5. This is a witch hunt!! They are not happy with Janeh’s opinion he gave during the Brumskine lawsuit. Weah wants to fill the Supreme Court with his cronies for things that are yet to come. One of the main point risen in the impeachment proceeding is his opinion given in the case. And the constitution clearly state that a Justice cannot be impeached for his judicial opinion. His juridical opinion is his that is why you have four other justices that could argue otherwise.
    Weah has Nagbe already on the bench, he wants to remove Janeh and put another crony and then he will go after one more to have a majority on the bench. You will then see the true colors of Weah. Weah will soon control all three branches of the government and we will see a true dictator at work. Sit there and complain about Janeh. Today it is Janeh, tomorrow and will be someone else. He want to cancel tenured employees. He wants to award China all the rights to Liberia resources for a MERE $2.5 billion. Anyone challenges those demands will just be overruled by his Supreme Court. When he changes the law for him to run more than two terms, no one should complain. His rubber stamp SC will say it is constitutional.

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