Monrovia – FrontPageAfrica has reliably learned from a high placed source closed to the Supreme Court that it is willing to dialogue with lawmakers pressing for the impeachment of three Associate Justices accused of usurping the function of the Legislature in the recent Code of Conduct ruling by the high court.
Bettie K. Johnson Mbayo, [email protected] & Kennedy L. Yangian, [email protected]
The revelation from the source comes Tuesday, shortly after the visit of the United Nations Secretary General Special Representative to Liberia Faraj Zharif and some members of the Inter-Religious Council of Liberia to hold talks with the leadership of the Supreme Court.
Sheikh Musa Bamba the Secretary General of the Inter-Religious Council of Liberia (IRCL) stated after the closed door meeting Tuesday that their presence at the court was intended to mediate between the lawmakers and the Supreme Court over the lawmakers plans to impeach the three Associate Justices as well as the Supreme Court issuance of writ of prohibition on the House to refrain the lawmakers from further discussing the impeachment proceedings.
“Today we are visiting the Supreme Court after paying similar visit to the Capitol in a bid to soften the ground to mediate between the lawmakers and the Supreme Court on the current issue between the two bodies” said Musa Bamba who stated that the mediation meeting will continue on Friday, at a local hotel in Monrovia.
The IRCL Secretary General Bamba also stated that the meetings held with the lawmakers and the Supreme Court Justices was held under a peaceful condition which demonstrated their mediation plan would yield some positive result.
Shortly after the meeting, the high profile source told FrontPageAfrica that there has been an intervention by the Liberia Christian Council on the matter.
According to the source the Supreme Court was open to dialogue from any individual on the matter because peaceful settlement of cases is cardinal under law.
“As you are aware we are heading to an election in October and the court is also there to ensure that there is smooth transition as one of the three branches of government responsible to interpret the law” said the source.
However, the same high profile source indicated that the Supreme Court remains resolute and focused despite the resolution by the lawmakers to impeach three of its judges and denied that the Supreme Court usurped the function of the lawmakers in the recent Code of Conduct ruling.
It can be recalled the Liberia National Bar Association President Cllr. Moses Paegar at a press conference held at the Law Library on Ashmun Street, Wednesday, August 9 stated that the LNBA, as per its constitution, mandates it to help maintain the independence of the Judiciary, referencing that the LNBA has taken stance on issue in the past.
“The LNBA believes that the ongoing attempt by the Legislature to have Associate Justices, Jan’eh, Wolokollie, and Banks impeached requires and compels it to once again take a public position because this attempt is an obvious, frontal, an unwarranted attack both on the Constitution and the independence of the Judicial Branch of Government,” said Cllr. Paegar.
Commenting on the code of conduct ruling upon which the lawmakers petitioned for impeachment, Cllr. Paegar indicated that Chief Justice Korkpor also signed the ruling but the impeachment proceeding singles out Ja’neh.
Justice Wolokollie and Justice Banks which clearly shows that the petition is not based on alleged constitutional violation but patently discriminatory, politically motivated arbitrary and based on personal biases against the three Associate Justices.
“The Bar considers with consternation the impeachment petition has absolutely no legal basis as it is a deliberate and calculated attempt to intimidate hamstring justices of the Supreme Court and other judges,” said Cllr. Paegar.
According Cllr. Paegar the action of the lawmakers is clearly unconstitutional because it undermines the independence of the Judiciary in blatant violation of the 1986 Constitutional because in the exercise of the judicial function it is unconstitutional for justices of the Supreme Court and judges of subordinate courts to be subjected to threats of impeachment because of disagreement with their opinions.
At the same time, Liberian President Ellen Johnson Sirleaf expressed serious concern over recent attempts by some members of the House of Representatives to initiate impeachment proceedings against majority members of the Supreme Court because of judicial decisions made by the Supreme Court.
“This move is clearly in violation of Article 73 of the Constitution of Liberia,” she emphasized, according to an Executive Mansion release, President Sirleaf, in a special statement, said in light of unfolding impeachment proceedings.
She said the Executive Branch of Government is not prepared and will not support any unconstitutional maneuverings from any of the institutions of Government.
She said at this time, all branches should be working coordinately to ensure the peaceful elections and the smooth transfer of power.
The Liberian leader noted that in our system of Government, the Legislature is empowered to enact laws and the Supreme Court is mandated and authorized to interpret the laws.
President Sirleaf said the process in the House of Representatives tends to undermine the peace, threaten the elections process currently underway, and create confusion and chaos in our fledgling democracy.
She then called on the members of the House of Representatives to abandon this course of action for the sake of peace and stability in Liberia.
She concluding as saying “The Executive Branch of Government will not support any action, which tends to undermine the Constitution and reverse the gains this country has made”.