Justice Ja’neh Declared Guilty on One of Four Counts

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

Citing “abuse of discretion, granting a Writ of Prohibition” in the Road Fund Case

Associate Justice Kabineh M. Ja’neh of the Supreme Court has been found guilty by the Senate following impeachment by the House of Representatives on one of the four counts, involving the official misconduct and gross breach of duty of the Road Fund Case.

The petitioners believed that Justice Ja’neh has 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.

In the Road Fund Act, petroleum dealers in the country have been authorized to collect US$0.30 (thirty cents) imposed on the pump price of petroleum products and remit US$0.20 to government revenue, which have over the years summed to US$27m.

On Friday, March 29, in the Senate Chamber, 22 Senators voted guilty on the count of the Road Fund Case in the Associate Justice Ja’neh’s impeachment trial; 4 Senators voted not guilty .

On the count of the Constance Road Case, which also entailed an 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.

In all the four counts, 3 Senators were absent or abstained.

The three Senators who were absent or abstained throughout the voting process were Sen. Nyonblee Karnga-Lawrence (Grand Bassa County); Sen. Dr. Henrique Tokpa (Bong County) and Sen. Edward Dagoseh (Grand Cape Mount).

Associate Justice Kabineh M. Ja’neh emerges from the Senate Chambers, following his impeachment trial on Friday, March 29, 2019.

The Daily Observer has further gathered that the four Senators who maintained their stance to vote not guilty in all four counts include Sen. Conmany B. Wesseh (River Gee County), Sen. Daniel F. Naatehn, Sr. (Gbarpolu County), Sen.  Oscar A. Cooper (Margibi County) and Sen. Stephen J.H. Zargo (Lofa County).

The  Summary of the Senate Decision on the Impeachment Trial of Associate Justice Ja’neh was signed by Senator Henry Yallah (Bong County), Secretary of the Senate in Trial and President Pro Tempore Albert Chie (Grand Kru County), Foreman of the Senate in Trial.

According to the Summary of the Senate Decision, “Guilty” means at least two-thirds of the current membership of the Senate voted to convict Justice Ja’neh on that charge, while “Not Guilty” means less than two-third of the current membership of the Senate voted for the conviction of Justice Ja’neh

The impeachment and removal of Justice Ja’neh is expected to be admitted into the Senate’s records. A formal notice of the Impeachment and Removal of Justice Ja’neh will also be admitted into the Supreme Court, to declare his seat vacant pending an appointment of a new Associate Justice.

Associate Justice Ja’neh was impeached and removed from office in accordance with Article 71 of the 1986 Constitution.

“The Chief Justice and Associates Justices of the Supreme Court and the judges of subordinate courts of record shall hold office during good behavior. They may be removed upon impeachment and conviction by the Legislature based on proved misconduct, gross breach of duty, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes.”

Meanwhile, his lawyers prayed the Supreme Court not to admit the verdict into the Senate’s records. According to them, the procedure used to impeach Justice Ja’neh was contrary to the procedure prescribed by the Constitution.

Justice Ja’neh was impeached by the House of Representatives on August 28, 2018. His impeachment trial began on February 14, 2019 and officially adjourned March 29, 2019.

Author

  • I am a Liberian journalist, born November 7 and hailed from the Southeast and of the kru tribe. I began contributing to the Daily Observer 2008 and was fully employed in 2012. I am the 3rd of eight children and named after my great grandfather. Am happily married with three children (girls). I am a full member of the Press Union of Liberia (PUL) and also the Sports Writers Association of Liberia (SWAL) and the Legislative Press Pool (LEGISPOL). I can be contacted through email: [email protected] or cell number/WhatsApp: (+231) 0886585875 or Facebook.

24 COMMENTS

  1. Johnson & Oscar Cooper were killers on different sides during the war! Most of the majority “Elementary school drop outs:, yana boys, house boys, war lords & corrupt varney Sherman have no business being legislators & certainly not accuser. Our bi-sexual President is behind all of this!!
    Counselor James Boayue & counselor saye kollie boayue
    Contact us for justice against this corruption of a government and legislators
    Cell # 0888303743
    Cell # 0886257314

  2. Wow! In as much as I had hoped for the legal process to take its course in accordance with our organic laws of the Land, I did not expect our two Senators from Nimba County, who have earlier expressed their rejections of the process and raised serious concerns regarding this whole impeachment thing would have voted against Hon. J’nah. I would have thought that Nimba County Senators were the ones to rally votes against this entire impeachment process based on their own individual public pronouncements. If they (two Senators) did not see reasons for the impeachment process, why did they vote in favor of the impeachment of Hon. J’nah? If the process, according to Senator Johnson was wronged from the unset, why did he vote to impeach Hon. J’nah. This level of hypocrisy is just way too much to stomach. This simply reconfirmed that money might have changed hands for such grand hypocrisies to take place at the highest leadership level of the Liberian Government. Wow! Massive institutionalized corruption in our governance system lives and thrived at the highest level. Lord help our Nation, known fully well that prayers without action is meaningless, I hope Liberians can unite to unseat these criminals and set our Nation on an irreversible path to development and prosperity. I encourage all patriotic Liberians to join The Liberia Nationalist Movement to take back our Nation.

  3. The US Warren Commission’s Report into the 1963 assassination of President Kennedy, in spite of thousands of conspiracy theories, says Oswald was the lone killer and Americans moved on. Presidential election controversy in 2000 between Democratic nominee Vice President Al Gore and Republican George W. Bush was decided by a Supreme Court split on partisan lines; notwithstanding, Americans moved on.

    And not even a seemingly anticlimax of the Mueller Report moved Americans outside the Washington DC beltway. We Liberians must learn how to move on, rather than turning every problem to a national crisis, or cause celebre. The energy and time invested in futile rhetoric and rancor should be reserved for our reconciliation efforts. Let’s salvage the “relative peace”, folks.

  4. Do not compare the United States of America with corrupt Liberia! Move on for what? You are one of those who is anti-democratic. What do you mean by futile rhetoric? Do not underestimate the voices and power of the Liberian people. The international community is watching keenly what is going on in Liberia. Instead of fostering genuine peace and reconciliation, we once again see things that brought us against each other repeating themselves. A house divided against itself will not stand.

  5. My only concern relates to that of the nine senators that publicly said that the process was unconstitutional. From my tally two are unaccounted for. What happened that caused them to change their mind. Was it because of brown envelopes as is alleged. It so, then the reasons for, and the process of Ja’neh’s impeachment must be questioned.

  6. Tamba Borbor or whomsoever, we aren’t going to burn down Monrovia because you and others disagree with the Senate’s decision, so, “move on” as in let’s focus on other pertinent issues. Needless to say that verdict is irreversible regardless of gutter talk from those who ought to know better. Ironically, guys who can’t get over the 2017 elections are loudest in accusing others of being “undemocratic”.

  7. An historic event had just unfolded itself right in our eyes. Is it a good bechmark for stare decisis? For that, i have no idea. Only time will tell. But, what I do know for sure is that it’s a time for sober national reflection.

  8. Wow! In as much as I had hoped for the legal process to take its course in accordance with our organic laws of the Land, I did not expect our two Senators from Nimba County, who have earlier expressed their rejections of the process and raised serious concerns regarding this whole impeachment thing would have voted against Hon. J’nah. I would have thought that Nimba County Senators were the ones to rally votes against this entire impeachment process based on their own individual public pronouncements. If they (two Senators) did not see reasons for the impeachment process, why did they vote in favor of the impeachment of Hon. J’nah? If the process, according to Senator Johnson was wronged from the unset, why did he vote to impeach Hon. J’nah. This level of hypocrisy is just way too much to stomach. This simply reconfirmed that money might have changed hands for such grand hypocrisies to take place at the highest leadership level of the Liberian Government. Wow! Massive institutionalized corruption in our governance system lives and thrived at the highest level. Lord help our Nation, known fully well that prayers without action is meaningless, I hope Liberians can unite to unseat these criminals and set our Nation on an irreversible path to development and prosperity. I encourage all patriotic Liberians to join The Liberia Nationalist Movement to take back our Nation.That’s the way I see it.

  9. Wow!
    It looks as if Ja’neh is sitting in a pot of hot oil.
    Okay he’s been found guilty. Will there be any punishment?
    I feel kind of groggy. That’s because I cannot believe that Ja’neh has been condemned by his peers.

    • F.S.Hney, the “sitting in a pot of hot oil” position is what Janeh, that corrupt and ignorant Sie Nyene Yuoh of the Supreme Court, and Janneh´s lawyers including Tiawen Gongloe, and Philip Banks wanted to avoid and in futility, furtively appempted to be successful in ENCROACHING ON THE POWERS OF THE HOUSE OF REPRESENTATIVES!

      But Janeh, corrupt and ignorant Sie Nyene Yuoh of the Supreme Court, and Janneh´s lawyers including my own “country man” Tiawen Gongloe, and Philip Banks can now see that the Honorable House of Representatives is absolutely no Place to take nonsense at; nor shall the Senate condone abuses and wrongdoings once the House “flashes” such charges or articles of impeachment on the Senate´s floor!

      After failing at every false moves from mobilizing tribal, county, religious, and other groups, to obstruct justice, they (Janeh, Gongloe, bänks, etc.) foolishly concluded that By bringing that unprincipled Philip Banks who no Liberian Legislator or ECOWAS Judges have any respect for, they would have been successful in preventing this “sitting in a pot of hot oil” position By the rascal Janeh who has brought shame upon our county.

  10. I think Mr. Sylvester Gbayahforh Moses made a good that we all should reflect upon. It is also understandable that everybody will not be happy with the decision of the Senate in this event. However, we should respect the fact that justice was served especially affecting the highest judicial bench. We all need to learn from this and hope that it is an example of some of the things we have been praying for –“justice.” So I believe we should respect the decision of the senate (believe that they acted in good faith) and move on past this.

  11. My question is, why the two senators from the county where Justice Ja’neh hails did not defend him? I believe it is an act of hatry because Ja’neh is a Mandingo man. Mind you, Senator Grupee, you will never win the up coming senate vote since you are not man enough to support Justice Ja’neh from your county. PYJ, you are going to face the war crime court since you want peope to back you but you can not back another person in truble. Selfich Nimba Count senators.

  12. It is about time Liberians learn that we aren’t the first country with a major disagreement that moved on.

    Before their presidential election in Nigeria, the Chief Justice was accused of not correctly declaring financial assets prior to his appointment, but never mind adjudication of that case, the election went on. Yet one “Tamba Borbor” attacked me for referencing political disagreements in the US which were surmounted, forgetting that comparative governments or comparative sociopolitical systems is a legitimate enquiry. And curiously enough, Senators are accused of corruption for voting conscience instead of county. In other words, though we complain shrilly about tribalism during election, identity politics is now preferable.

    Let’s move on, folks!

  13. Wood P,.
    Let’s not be quick to inject ethnicity in the Ja’neh case. First of all, Mandingos who are born in Liberia or those who have obtained legal citizenship in Liberia are Liberians. Secondly, Ja’neh was elevated to judgeship because of his qualification. The issue of ethnicity didn’t play a role. Finally, despite his ethnicity, Ja’neh was given a fair trial. I am not a Nimbaian, but rather a Maryland county Liberian. There’s no game to be played here. My defense of the senators of Nimba is based on principle. The fact that two of Nimba’s sitting senators did not vote to exonerate Ja’neh should be construed in the context of independence of conscience, not ethnic hatred.

    Sylvester Moses is often vilified or verbally eviscerated for something he may or may not have done in the past. I think we as Liberians should learn to move on because none of us meets the threshold of perfection! I have mentioned Moses because he advises all of us to get over it. I think Moses is right. I hope by suggesting that we should move on, nothing will be held against him. His is a brilliant suggestion.

    Ja’neh fought a good fight. Ja’neh pulled all the strings he could touch. During his trial, Ja’neh was not harassed, intimidated or threatened. But now, the Ja’neh case has come to an end. Isn’t this whar we wanted?

    Come on. Let’s move on!

  14. It is fair to conclude that the senators who voted to convict Justice Ja’neh on this count believe that a Judge duty is to render Judgment at all time in favor of the government. A judge is not supposed to dispense justice fairly according to the Law

  15. Brother Hne FS, Hney,

    I am a professional. Nothing in my past impinged on that; Liberians who hate SKD talk crap about his principal officers, and that’s beyond my control.

    My performance at NSA from September 1980 to August 1986 was commended in the 1987 American Lawyers For Human Rights’ Report entitled “Promise Betrayed”, which is a result of their on-the-ground investigations following the First NPFL Invasion led by Rtd. General Qwinwonkpa. And from 1991 to 1994, I served as National Security Advisor in the IGNU, which went swimmingly professionally, so, nothing perturbs me.

    In our country, as long as you objectively engage the national conversations, detractors use every falsehood to defam you. They don’t scare me, by any stretch, and many know that.

    • Mr. S. Gbayahforh Moses, and worse, most of them spew nothing but ignorance in action. There one of them had the audacity to claim “this is a land issue case’. Or as some are of the backward conviction that votes from senators should be based on county of origin, party affiliation, or tribalism.

      Justices of the Supreme Court should have the character of saints, and angels!!! For the Supreme Court should be the conscience of the nation.

      Justices should never be involved in corruption, theft of property, immoral purchase of property, or betrayal and illegality, or abuse of of discretion against the State as has been the case of Janeh whose conduct which prompted his impeachment, conviction, and removal can never be backed by legal exclusive positivism or legal inclusive positivism Viz the world of jurisprudence!!!

  16. Janeh’s CONDUCT CAN NEVER BE SANCTIONED BY LEGAL EXCLUSIVE POSITIVISM OR LEGAL INCLUSIVE POSITIVISM VIZ THE WORLD OF JURISPRUDENCE.

  17. Brother Moses,
    I was never in doubt about your past. Never! Don’t ever think for a moment that I became skeptical about all that’s been said about you.

    As Liberians, I believe sincerely that we have a moral responsibility to help our country. If we don’t help Liberia, no one will do it, neither will the monsters or the space aliens.

    Hang in there buddy.

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