Monrovia – Representative George Mulbah (NPP-District#3 Bong County) has written Plenary of the House of Representatives requesting that body to mandate the Judiciary Committee to draw an impeachment proceeding against Judge Emery Paye who he claimed has repeatedly been suspended by the Supreme Court of Liberia for action forged with the propensity to undermine the dispensation of the Justice without fear or favour.
Report by Henry Karmo – [email protected]
In Representative Mulbah’s communication, he stated that in the case of Judge Koboi Nuta who was also suspended by the Supreme Court should be made to appear before the Judiciary committee to give assurances that his action that led to his suspension would not be repeated while serving in the Judiciary Branch of the Republic of Liberia.
Article 71 of the Liberian Constitution states that; “The Chief Justice and Associates Justices of the Supreme Court and the judges of subordinate courts of record shall hold office during good behaviour.
They may be removed upon impeachment and conviction by the Legislature based on proved misconduct, gross breach of duty, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes.”
The Bong County lawmaker’s communication to his colleagues indicated the failure of the National Legislature to exercise its oversight over the Judiciary branch of government over the years has exposed the legislature branch of government to be invaded by people who he believed engaged in damnable fraud and iniquity for the sole purpose of mischief and money making.
The communication states: “You will agree with me that we took oath as the people direct Representatives to protect their rights to freedom and Justice; as such, these fundamental requirement to uphold democracy for the sovereignty of the Republic of Liberia.
“Our democracy cannot be guaranteed when Justice an essential element is on sale by some elements within the Judiciary Branch under our watch.”
On February 17, 2017, the Supreme Court of Liberia handed down an opinion suspending Judge Emery Paye and Judge Korboi both of whom are circuit Court Judges serving in the Judiciary Branch of Government.
The court opined that on April 16, 2005, judge Paye impanelled and charged a special Juror on the same day that subsequently returned a verdict in favour of a foreign company (FIDC-JUHA) a registered company under the law of the Republic of Liberia to purchase the remaining stock-piled of Iron ore at the port of Buchanan.
In the case the special Juror held the government of Liberia liable in the amount of US$12 Million which was referred to as first special damages; and US$750,000.00 (Seven Hundred fifty-Thousand United States Dollar) as special second damages and US$ 1.5 million United States Dollars as general damages.
Truthful to his words that he will enter judgement without any further notice to the government of Liberia, Judge Emery Paye entered final Judgement without notice to the Government of Liberia and made all of the huge financials awards to the company (FIDC-JUHA) without notice to the Government of Liberia who was a party to the same case.
As punishment the supreme Court Suspended Judge Emery Paye for the period of one year This suspension served as the second suspension in the case of Judge Paye for professional misconduct as a Judicial official.
The Supreme Court in this same ruling suspended Judge Nuta for using the Court as a party to a sale agreement of the same Buchanan Iron Ore.
On June 16, 2006, when the 6th Judicial Circuit Court was presided over by Nuta, the irregularities over this Iron Ore was compounded by Judge Nuta designating the trial Court as seller that could enter into sale agreement with a buyer of the same iron ore.
“Distinguished colleagues, under the doctrine of Separation of Power, the Supreme Court as a constitutional head of the Judiciary Branch of Government has satisfied its constitutional responsibility bringing down these judges guilty and suspended them,” the communication stated.
