Monrovia – Cllr. Jerome Verdier, the chairman of the erstwhile Truth and Reconciliation Commission of Liberia says Liberia’s National Legislature should have passed an Impeachment Bill, Act or Law into existence prior to commencing the proceedings against Associate Justice Kabineh Ja’neh.
Report by Rodney D. Sieh, [email protected]
Speaking to FrontPageAfrica Monday, Cllr. Verdier declared: “To commence impeachment proceedings before settling rules and procedures to govern the process is wrong, immoral and contrary to or against public policy.”
The former TRC boss said impeachment is not a hodgepodge process and should not be treated as such. “It is as much a trial to remove from office a duly constituted public official for cause as stipulated by law or the Constitution in the case of Liberia.”
Cllr. Verdier’s assertions come just days after the upper house of the national legislature red-flagged issues of “procedural error” in the ongoing impeachment saga.
At issue is the transmitter letter that accompanied the Impeachment Bill, from the House of Representatives which triggered strong sentiments that the proceeding was “ex-post facto,’’ suggesting a breach of the procedure forbidden by the Constitution.
The senators argued that there currently exist no rules on impeachment proceedings by the 54th Legislature before the House of Representatives began but created a set of rules when they had already begun the process.
Senator Nyonblee Karnga-Lawrence(Liberty Party, Grand Bassa County) motioned the leadership of the Senate to take possession of the impeachment and that actions be taken in accordance with the rules of the Senate on impeachment. Senator Karnga-Lawrence’s motion was voted upon but a motion for reconsideration was filed by Senator Francis Paye of Rivercess County. “We are about to embark on a very difficult and delegate journey which may put the Senate in a difficult history. The rules of the Senate must be followed for business in the chambers,” the Grand Bassa Senator urged her colleagues.
There was an amendment to the Madam Karnga-Lawrence’s motion. One of the many amendments came from Senator Daniel Naatehn of Gbapolu County. He proffered that contrary to the leadership getting involved, Rule 63 of the Senate be followed to the letter. “Instead of the leadership, we should flag this portion of our rules so the appropriate steps must be followed. It is a trap for Liberians; the Senate is made of wise men and women. We will save Liberia,” Naatehn added.
Former President Pro Temp, Senator Armah Jallah, also called on his colleagues to be cautious of the process by removing the leadership as was proffered in the Sen. Karnga-Lawrence’s motion. He urged his colleagues to follow the rules in dealing with the issue.
Senator Conmany Wesseh of River Gee County argued that the transmittal letter sent back to the House. As far he’s concerned, there is no Bill of Impeachment before the Senate; adding: “Let the leadership send it back. If we want to do something, we must do it right. This thing sent to us is a letter and not a notice. This is not a rush to do things; we must follow the rules. What is not properly done is not done at all.”
For Cllr. Verdier, it is imperative that due process of law requires a fair trial that safeguards the rights of the accused and the public interest of society to know the truth of what happened.
Like a Grand Jury, Cllr. Verdier explained, the House of Representatives conducts its investigation based upon allegations leveled against the sitting public official and by a vote on each count makes a finding for impeachment or otherwise- this has got to be factual, not conjectures.
The former TRC chair dismissed suggestions that there is a constitutional crisis looming between the courts and the legislature. Instead, he said, the Honorable Supreme Court erred by attempting to intervene or halt the impeachment proceedings commenced by the Honorable House of Representatives by Prohibition. “The lower house is performing its legitimate constitutional function and to halt same by a writ of probation suggests otherwise. So the lower house was right to request the vacation of the said writ and the court acted outside authority, unconstitutionally to have entertained the writ in the first.”
Cllr. Verdier declared that in all matters brought before the Honorable Supreme Court as any other judicial body, the court must first ascertain its own authority or jurisdiction over the matter before attempting or venturing to delve into it. However, he said, it is especially imperative that the Court carefully examine its role when dealing with co-equal branches of government so as not to bring our vaunted public institutions of government into disrepute or public disgrace. “The Court must never issue an order it cannot enforce. The authority of the court lies in the exercise of its moral authority and influence over society derived from our respect for the court and the supremacy of the rule of law principle which the court must jealously guard and protect by what it does in every question of law it must answer. This goes to say also the court must avoid answering political questions or issues.”
Cllr. Verdier said the role of the Senate in the saga is to try the impeachment, Nevertheless, he said, in guaranteeing due process, the Senate must conduct a trial as in the course of judicial dispensations. “Both parties have the right to be represented by counsels and the accused is entitled to a fair trial, acquainted with the evidence or facts of the charge or allegations against him, knowledge of confrontation of witnesses against him and all other prerequisites and guarantees that go to guaranteeing a free, fair, impartial trial conforming to the rule of law.”
Cllr. Verdier said in order to guarantee a fair trial, there must be a predetermined set of rules of procedures and accompanying public policy instruments to guide and illustrate how impeachment proceedings should be conducted in this jurisdiction. “The Integrity and reputation of a sitting public servant is brought into dispute and should never be settled by ad hoc hodgepodge arrangements but by well-settled principles and precedents of existing law, procedure and practices already into existence as to portray outright fairness without semblance’s of bias.”
He argued that the legislature ignored this responsibility as it has ignored others on the establishment of the Ombudsmen, Compensation and Salary Scheme for all public servants, how and under what sets of conditions can citizen sue the government and recover damages. “Are all gaps and loopholes the constitution and other laws have left out for the Honorable Legislature to fill. What are the rules for appeals from a conviction, judgment or finding of impeachment by a concurring Senate. Is there a right to appeal or there is none. If there is, then how effected and when? If not then why not?”
The impeachment saga is drawing keen interest from the Economic Community of West African States(ECOWAS) and concerns from other international stakeholders bordering the state of rule of order in the current Liberian government.
FrontPageAfrica has learned that the Senate is expected to make a decision Tuesday on how to proceed considering the constitution and the rules of the upper house.