MONROVIA – Senate sources have informed FrontPageAfrica that the Senate will take no further actions on pending impeachment proceedings against Associate Justice Kabineh Ja’neh until January 2019 when the legislature shall have resumed for normal sitting.
Report by Henry Karmo, [email protected]
According to information, it (Senate) will join the House of Representatives to close the extraordinary sitting by this week and return January.
“We are doing nothing right now on the impeachment I can safely say this to you. If anything is to be done it will be January of 2019,” one of our sources stated.
On Friday, Nov. 30, the House of Representatives concluded normal legislative workings after returning for the extraordinary session based on their own request. Last week, the Supreme Court’s decision gave the Legislature the green light to continue with impeachment proceedings against Supreme Court Bench member, Justice Kabineh Ja’neh.
Chief Justice Francis S. Korkpor, reading the ruling into the petition for a Writ of Prohibition on the Legislature, said the HOR had only made a request for impeachment and had therefore not commenced an impeachment proceeding for which a Writ of Prohibition must be issued.
The court ruling was in response to a lawsuit filed by four members of the Senate, who prayed the Supreme Court to issue a stay order on the Senate’s proceedings on the impeachment of Supreme Court Justice Kabineh Ja’neh, citing violation of the Constitution on the part of the Senate.
The Senators include Conmany B. Wesseh, Daniel Naathen, Milton Teahjay and Oscar Cooper.
They also warned the court to be mindful of the authority and power to impeach a public official, specifically the President, Vice President, Chief Justice, Associate Justices of the Supreme Court and judges of the lower courts whose removal from office can only be done through impeachment, as provided in Article 43 lies, exclusively, with the House of Representatives and the authority to try and impeach a public official lies, exclusively with the House of Senate.
The petitioners contended that when it comes to the impeachment procedure, Article 43 of the Constitution provides, “The Legislature shall prescribe the procedure for impeachment proceedings which shall be in conformity with the requirements of due process of law.”
According to the four Senators, contrary to the mandate of Article 43, their colleagues proceeded to amend Rule 63 of the Standing Rules meant for the normal conduct of the business of the Senate, which were prescribed by the Senate alone. By so doing, they argued the Senate arrogated unto itself the authority and power to prescribe the procedure for impeachment to the exclusion of the House of Representatives.
“Petitioners say that the action of the Senate and its product, the amended rule to provide for impeachment are unconstitutional and pray this Honorable Court to so declare,” the petition requested.
The petitioners further contended that the unconstitutionality of the amended Senate rule to provide for impeachment cannot be cured, even by the concurrence of the House of Representatives, because the House cannot legally, draft, approve or amend rules for the conduct of any activity of the Senate, a separate layer of the Legislature; hence any attempt by the Senate to have the House concurs with their action would also be unconstitutional.