Liberia: Supreme Court Gives Legislature Green Light to Carry on Impeachment Trial of Justice Kabineh Ja’neh

MONROVIA – The Supreme Court of Liberia has ruled to allow the Legislature go ahead with the impeachment trial of Associate Justice Kabineh Ja’neh from the Supreme Court’s bench. 

The Supreme Court’s ruling was based on Article 43 of the Constitution which states “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.”

This is the first time Article 43 of the 1986 Constitution is coming into effect.

Associate Justice Ja’neh’s lawyers petitioned a Writ of Prohibition on the impeachment process, arguing that the Legislature was proceeding wrongly. It can also be recalled that four members of the Senate have petitioned the Supreme Court to issue a stay order on the Senate’s proceedings 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 prayed the Supreme 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, 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 be in conformity with the requirements of due process of law.”

More details coming up soon