Justice Ja’neh May Not Appear at Impeachment Trial

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

Credible information reaching the Daily Observer has it that the legal team of suspended Associate Justice Kabineh Ja’neh would prohibit their client from attending the Senate’s impeachment trial if there is no judgment into the Writ of Prohibition filed against members of the House of Representatives at the Supreme Court.

“We lawyers will not let Ja’neh attend the impeachment trial without any judgment from the stay order that was imposed against the House of Representatives by then Justice-in-Chamber Sie-A-Nyene Yuoh,” the source quoted Ja’neh’s legal team.

“The legislature is proceeding wrongly and we are not going to subscribe to that illegal decision to allow Ja’neh to appear before that body for any trial,” the legal source further quoted.

Ja’neh’s legal team’s challenge comes immediately when the Senate summoned Ja’neh and subsequently asked him for a response within 10 days, which would end on November 30.

The Senate’s summon of Ja’neh resulted while justices of the Supreme Court are yet to set a date as to when they would vote to reach a quorum whether to grant or deny Ja’neh’s writ.

Initially, the justices tied in a vote of 2 to 2, which could not find a quorum for the decision, leading to the appointment of Judge Bioma Kontoe (Criminal Court C) as ad hoc justice to fill the vacancy created as a result of Ja’neh’s suspension and to also break the tie vote.

In total disbelief, while the justices were still in their room of deliberation, though they had been there for over a week, the senators issued Ja’neh with the summon, which it is believed, Ja’neh is considering not to honor.

Up to press time yesterday, there is no indication whether the justices have reached a conclusion to vote over the matter.

In August, then Justice-in-Chamber Sie-A-Nyene Yuoh issued a Writ of Prohibition on the impeachment proceedings against Associate Justice Kabineh Ja’neh by members of the House of Representatives, until the Supreme Court can fully review its merit.

To Justice Yuoh’s greater surprise the lawmakers, in their 48th day sitting, voted and threw out the Writ of Prohibition through a motion proffered by Montserrado County District #16 Rep. Dixon W. Seboe, who was also a member of the Ad Hoc Committee to review and investigate the Bill of Impeachment as well as the write-up of the Impeachment Proceedings.

Not being satisfied with their action, the lawmakers immediately voted and submitted the bill of impeachment to the Senate, who had concurred with their colleagues and subsequently issued the summon for Ja’neh’s trial.

The case came about when the House of Representatives argued that they have the authority to suspend their rules and appoint an Ad Hoc Committee.

Their position by then ran contrary to that of Justice Ja’neh’s lawyers, who maintained that House Speaker Bhofal Chambers violated Section 57.3 of the Rules and Procedures of the House of Representatives by constituting a Special Ad Hoc Committee and immediately forwarding Ja’neh’s impeachment bill to the committee.

It may be recalled that the 8-man ad hoc Committee was appointed on Tuesday, July 17, to review and investigate the Bill of Impeachment as well as the write-up of the Impeachment Proceedings. They are expected to report this week if by then the Ad Hoc Committee isn’t dissolved.

The committee was chaired by Gbarpolu County District #2 Representative Kanie Wesso and co-chaired by Bong County District #5 Representative Edward Karfiah. Others were Representatives Dickson Seboe of District #16, in Montserrado County; Jeremiah Koung of District #1, Nimba County;  Dr. Isaac Roland of District #3, Maryland County; Clarence Gahr of District #5, Margibi County; and Rustonlyn S. Dennis of District #4, Montserrado County.

The establishment of the Ad Hoc Committee followed a communication of the Bill of Impeachment from Representatives Thomas Fallah and Acarous Gray.

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.

8 COMMENTS

  1. Janeh and his team not appearing is simply a disingenuous, cowardly, and dishonarable, way of pleading guilty; hence convicted, and removed; when he could do the honorable thing By simply resigning. By now he knows that he has technically been replaced on the Bench of the Supreme Court By His Honor Boima Kontoe.

    • I have no idea why he’s going through this mess instead of resigning and preserving his dignity. He can go back to practicing law, can’t he?

    • On what basis should Associate Justice Kabineh Ja’neh resign. Liberia is a country of Rules and laws. Kabineh Ja’neh will not be impeach, because his rights are being violated and the process for which the house of legislature is proceeding with is not legal. You think some of those halfway guys will just want to disrespect and bring disgrace to someone who is educated and has maintained his legal career and character over the past years. We must be serious.

      PIONTS FOR WHICH HE WILL NOT BE IMPEACH.

      (1) Read Article 43 and carefully read the last sentence. The Legislature shall proscribe the procedure for impeachment proceedings which shall be in conformity with the requirements of due process of Law.
      (2) Read Article 66
      (3) Read Article 73
      (4) Read Article 20 (a)
      (5) Read Article 2
      (5) Read Article 21 (a)

      Thanks for reading.

  2. Ja’neh shouldn’t have been a Supreme Court Justice in the first place-if President Sirleaf was actually a champion of human rights as she claimed. We all know that Ja’neh was a part of the LURD rebel group that unleashed terror against the Liberian people between 1999 and 2003. We’re cognizant of the fact that the Supreme Court should comprise Liberians from diverse backgrounds, but Ja’neh was not the right pick.

    • You could not say it better than the way you obviously put it. One of the truths have heard from someone in years in this medium.

  3. Why not? Is legal for an accused person to stay home and swallow fufu, dumbboy/domboy or GB while his or her court case is being heard in the court of law?

    Not to change the topic, who on earth came up with the name domboy or maybe dumbboy? By the way, Ja’neh is often seen with his courtroom garb. Can he wear his regular clothes sometimes though?

    Humor is needed sometimes.

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