“Justice Yuoh Acted Mildly, But Legislature Will Act Modestly”

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(From left) Justice in Chambers (Yuoh) versus Speaker Chambers: The Speaker noted strongly that the Supreme Court does not have constitutional jurisdiction over the Legislature when "preparing any bill".

– House Speaker says, but announces continuation of Impeachment Proceedings against Justice Ja’neh

At the end of an executive (secret) sitting of members of the House of Representatives of the 54th Legislature, which marked the 3rd Special Session held on Saturday, August 18, House’s Speaker Bhofal Chambers has rubbished the Writ of Prohibition and underscored the continuation of the impeachment proceedings against Associate Justice Kabineh J’aneh.

He stressed definitely that the Supreme Court does not have constitutional jurisdiction over the Legislature when “preparing any bill.”

On the same day (Saturday) of the scheduled and supposedly Prohibition Hearing before her Honor Associate Justice Sie-A-Nyene Yuoh, which was prayed for by Justice Ja’neh’s lawyer, Arthur Johnson, against his (their client) impeachment proceedings, the House Speaker also said the Justice-in-Chambers acted “mildly” to have issued a Writ of Prohibition to stop them of doing their constitutional duty.

In the Webster’s Dictionary, the context of the usage of ‘mildly’ by the House Speaker means, “not sharply or strongly.”

“The Justice-in-Chambers had acted mildly, but we at the Legislature, will act modestly in continuance with the impeachment proceedings,” Speaker Chambers told journalists.

Also, the context of the usage of ‘modestly’ by the House Speaker means, “having or show regard for the decencies of behavior, speech, dress, etc.; decent”

He argued that the Article 43 of the 1986 Constitution gives the Legislature the authority to prepare or draft a bill without any interference from any branch of government.

“The power to prepare a bill of impeachment is vested solely in the House of  Representatives, and the power to try all impeachments is vested solely in the Senate. When the President, Vice President or an Associate Justice is to be tried, the Chief Justice shall preside; when the Chief Justice or a judge of a subordinate court of record is to be tried, the President of the Senate shall preside. No person shall be impeached but by the concurrence of two-thirds of the total membership of the Senate. Judgments in such cases shall not extend beyond removal from office and disqualification to hold public office in the Republic; but the party may be tried at law for the same offense. The Legislature shall prescribe the procedure for impeachment proceedings which shall be in conformity with the requirements of due process of law,” Article 43 of the constitution says.

In a subdued tone, the House Speaker said, the Supreme Court should know her lines, because the Constitution gives every branch her/his responsibility and there is a separation of powers but checks and balances. He added that the three branches of government must be coordinating.

A member of the Leadership of the House of Representatives, (name withheld) told journalists also on Saturday, that the way forward between the two branches is for the Justice-in-Chambers Sie-A-Nyene Yuoh to withdraw (retract) the Writ of Prohibition and call for a “conference.”

It may be recalled, on Tuesday, August 14, in its 48th day sitting, the House voted to ‘throw out’ the Writ of Prohibition filed in favor of  Associate Justice Kabineh J’aneh.

The 8-man Ad Hoc Committee set up to review and investigate the Bill of Impeachment Bill as well as do the write-up of the Impeachment Proceedings is expected to report this week, according to sources. The committee is chaired by Gbarpolu County District# 2 Representative Clr. Karnie Wesso and co-chaired by Bong County District #5 Representative Edward Karfiah.

Others are 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, on July 17, 2018 from Representatives. Thomas Fallah and Acarous Gray, praying for a  Bill of Impeachment against Associate Justice Kabineh Ja’neh.

The two CDC lawmakers argued that Justice Ja’neh should be impeached, ousted and removed from the Supreme Court of Liberia on grounds of “proven misconduct, abuse of public office, wanton abuse of judicial discretion, fraud, misuse of power and corruption.”

3 COMMENTS

  1. Dear All, that is the reasons I always say that Government is not for boys or girls, but for men and women, granted the Liberian Constitution gave the power to prepare bill of whatever sort, in this case bill of impeachment, but the person to whom the bill is being prepared ran to the court to complain that their constitutional rights to “due process” is being violated. What do expect the court to say that they do not have power over the Legislature, because it is bigger and powerful than the Republic of Liberia? Honorable people succumb to the rule of laws, not might as is done by this so-called powerful Legislature now; where are their lawyers to advise them?Certainly they do not have any; because they are noted for not respecting Lawyers or if they have some, they are not well paid, hence the lack of legal knowledge is now haunting them.
    Thanks.

    • Gbaba – You should stay out of this debate because you lack a basic understand of legal theory or jurisprudence. Read article 43 and 71 of the Liberian constitution and perhaps, perhaps you may be enlightened. Good luck.

  2. Gbada J.Flomo, IMPEACHMENT IS NOT as cases, disputes, or controversies within or unter the jurisdiction of the Supreme Court. IMPEACHMENT (the legislature calling into question the intergrity of a judge or a president) is soley within and under the jurisdiction of THE LEGISLATURE AND THE THE LEGISLATURE ONLY! When one is summoned for impeachment, he or she has no right to redress anywhere else, nor does the Supreme Court has any right or power to intervene! This is why impeachments are NON-APPEALABLE!!!!

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