Liberia: Former Senate Pro-Tempore Admits Wrongdoing in Ja’neh’s Impeachment; Says Senate Must Ask for Forgiveness

MONROVIA – Has the chicken come home to roost in what seems to be an unending controversy in the impeachment of Associate Justice Kabineh Ja’neh? Maybe, as the former Pro-Temp, Armah Z. Jallah admits to wrong doing of the Liberian Senate in the impeachment of the former Associate Justice.

The former Supreme Court Justice who recently won the government of Liberia at the ECOWAS Court of Justice for the violation of his rights as result of the impeachment was removed from office by the Senate on March 29, 2019 after he was impeached by the House in  August 2018 on four counts, including his issuance of a writ of prohibition as petitioned by major petroleum dealers in the country to stop the government from collecting levy/taxes of US$0.25 (road fund) imposed on the pump price of petroleum products.

He was also accused of stealing the records of the House of Representatives and using his power to unlawfully claim the property of a woman believed to be in her 90s.

The controversial impeachment proceeding was presided over by Chief Justice Francis S. Korkpor who was heavily criticized by the public for presiding over a flawed process. Associate Justice Ja’neh futilely challenged the process at the Supreme Court. His contention was that the it was inappropriate and illegal for the Senate to have hastily amended the Rule of the Senate for the sole purpose of his removal from the Bench.

Prior to his removal by the Senate, the Nimba County caucus walked out during the proceeding at the House of Representatives on claims that the process was illegal.

Associate Justice Ja’neh’s lawyers had argued before the Supreme Court that the Legislature did not have the constitutional authority to initiate an impeachment proceeding in the manner in which they did.

They argued that Article 73 of the Constitution provides that no judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and acts done in the course of a trial in open court or in chambers.

The five lawyers further argued that the Liberian Constitution Article 71 provides the Chief Justice and Associate Justices and that of Judges of subordinate courts of records shall hold office during good behavior, they may be removed upon impeachment and conviction, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes.

The lawyers again argued that Article 20 (a) of the Constitution provides that no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in the Constitution in accordance with the due process of law.

The lawyers continued that the Constitution requires that an impeachment of a justice of the Supreme Court or judge of subordinate court of record must be based on four grounds as required under Article 71 of the Constitution including proved misconduct, gross breach of duty, inability to perform the function of their office or conviction in a court or law for treason, bribery or other infamous crimes but the lawmakers’ bill of impeachment clearly have not met the four  requirements needed for impeachment.

Rights Violated, ECOWAS Court Confirms

On Tuesday, the ECOWAS Court of Justice has ordered the Republic of Liberia to pay Counsellor Kabineh Muhammad Ja’neh, an impeached Judge of the Supreme Court of Liberia, the sum US$200, 000 as reparation for moral prejudice suffered for the violation of his rights.

Delivering judgment, the Community Court also ordered the Republic of Liberia to restore, calculate and pay him all his withheld entitlements, including salaries, allowances and pension benefits as from the date of his impeachment to the date of notification of this judgment.

It further ordered his reinstatement as an Associate Justice of the Supreme Court or in the alternative, to grant him the right to retire from service on the date of notification of this judgment with full pension benefits as if he had retired at the normal retirement age for justices of the Supreme Court.

“We have to be reliable, we must be consistent and recognize the rights of others and respect the rule of law. Ja’neh impeachment is still hunting us. We acted wrongly. We must ask for forgiveness.”

– Sen. Armah Zolu Jallah (NPP, Gbarpolu County, Former Pro-Tempore)

Sen. Jallah: We Must Apologize

Reacting to the ECOWAS Court’s ruling, Senator Armah Zolu Jallah (NPP, Gbarpolu County) told informed FrontPageAfrica that it is high time that the Senate begins to realize and correct its “mistakes” and move on “instead of us making appear like we are saints and people are pursuing us innocently.”

Sen. Jallah was the Pro-Tempore of the 53^rd National Legislature.

Sen. Jallah: “We have to be reliable, we must be consistent and recognize the rights of others and respect the rule of law. Like Ja’neh impeachment is still hunting us. We acted wrongly. We Must ask for forgiveness.”

Sen. Jallah went on the say that the Senate must ensure that the government rises to the occasion by ensuring the people become direct beneficiaries of government policies and the National Budget.

he added, “We must re adjust the government, the budget and make space for resources to be allocated for critical national causes. As it is, the country money is being used on about 5-10 percent of the population in government, while the vast majority continue to suffer.

“We must ensure this should not continue. That is our calling. Let us take care of it and heed and create hope for vast majority of our people now destitute.”

It can be recalled that that Sen. Jallah in June this year, agreed with Senator Abraham Darius Dillon’s assertion that the Liberian Senate is “spineless, rotten and useless”. Sen. Dillon also asserted that the Senate, as a body, is responsible for the many problems the Liberian people are going.

The Montserrado County Senator came under investigation by his colleagues for his assertion and also for accusing them of receiving bribe to pass a “bogus” recast budget during the height of the COVID-19 pandemic in the country.

However, Senator Jallah, a member of the ruling party, the Coalition for Democratic Change (CDC) said he could not support any resolution seeking to investigate Sen. Dillon.

He said at the time, “As far as I am concern, there is no against Senator Dillon; so, I will not affix my signature to any resolution seeking investigation,” Senator Jallah said.