Monrovia – The President of the Liberian National Bar Association (LNBA), Cllr. Tiawan Gongloe, is calling on the Legislature to enact law to have elected officials, who interfere with court judgment and order be impeached or dismissed.
The LNBA President spoke Monday, March 9, at the Temple of Justice at programs marking the opening of the March 2020 Term of the Supreme Court.
The Supreme Court, the highest court, is required to open twice a year, March and October to hear cases of appeal coming from the lower courts across the country.
Cllr. Gongloe stated in his statement that on the question of the challenges faced by the Judiciary in enforcing its judgment, it is important to note that sometimes court officers are obstructed by some senior government officials in the three branches of government.
The LNBA President made reference of the case involving Ghoussainly Nelson and others in 1972. In that case, President Tubman stopped the Sheriff of Montserrado County from enforcing a judgment of the Supreme Court by writing him a letter which reads,
“You are hereby commanded not to serve any writ of execution or other relevant document emanating from the Civil Law Court in an action between the L.M. Ericson Telephone Company and Mr Arif Ghoussanly until otherwise ordered by the Chief Executive. Given under my hand this 22 day of April, 1971.”
For this kind of conduct, the Legislature should enact a law that will make the interference with the enforcement of judgments and judicial orders an impeachable offense for elected officials and a ground for dismissal of appointed officials of government and civil servants,” added Gongloe.
At the opening of the March 2020 Term of the Supreme Court, the LNBA President also paid homage to the late Associate Justice of the Supreme Court, who resigned from the Supreme Court Bench in 1984 after a two-year suspension imposed on him by former Justice Minister Jenkins Scott under the regime M.Sgt Samuel Doe Chairman of the Interim National Assembly (INA).
Gongloe stated that the action of the former Associate Justice Yangbe was a display of an unprecedented commitment to the independence of the Judiciary.
“For the benefit of the younger lawyers, in the audience, a gist of evidence of this commitment must be repeatedly told,” said Gongloe indicating that resignation of a person holding an elected or appointed position should be considered a normal thing, to do so in reaction to a decision based on a direct order of a military leader was a defiant and could have caused his immediate death.
On the issue of the appointment of Magistrates, Judges and Justices, Gongloe again added that why he is aware of the constitutional authority of the President of Liberia to appoint Judges, the LNBA could love for the Judicial Committee of the LNBA to be given the opportunity to advise the President through the National Executive Council of the LNBA on those appointments.