Monrovia – The lead lawyer representing the legal interests of Associate Justice Kabineh Ja’neh, Cllr. Arthur Johnson is due to face the Grievance and Ethics Committee of the Liberia National Bar Association (LNBA) for alleged stark violation of code ethics and professional conduct of lawyers in Liberia.
Report by Lennart Dodoo, [email protected]
Cllr. Johnson had called on all legal practitioners to boycott court activities for three days in protest against the legislature’s ‘disobedience’ of the Supreme Court.
Cllr. Johnson’s call was in relation to an August 18 stay order and conference served on the House of Representatives to refrain from further deliberations on Associate Justice Ja’neh’s impeachment.
Members of the House were cited to a hearing on the matter at the Supreme Court on Wednesday, August 22, but refused to appear. Instead, in a written message, they told the High Court to “vacate the purported stay order and avoid embarrassment.”
“Fellow and distinguished legal practitioners, we all need to stay away from courts and all legal works for three days in protest to the Legislature for their disobedience to the Supreme Court’s Writ of Prohibition. This is a call for the protection of the Rule of Law, not only for Justice Ja’neh. The stay-away protest from all courts in the Republic of Liberia begins September 3 to September 5, 2018. Congratulations for defending the dignity of our Supreme Court.”
Cllr. Johnson told reporters during his press conference Tuesday, August 28 that during the protest every lawyer will be required to sit home and avoid every court activity.
“It should always be the lawmakers that demonstrate to the citizens, by their example and conduct, the importance of strictly adhering to and respecting the law,” Johnson said.
“When a government shows contempt for the law it becomes impossible for it to require citizens to respect the law,” he added, describing the Legislature’s ‘disobedience’ of the court as “inimical to the rule of law.”
Cllr. Johnson’s call, however, in the view of LNBA, is an ‘act of gangsterism’ and did not meet the approval of the National Bar Association.
“… because of the egregious nature of Counsellor Arthur T. Johnson’s action, which, if left unchecked could have the effect of undermining the role of the Bar in engaging the parties to harness adherence to the Rule of Law. Therefore, the LNBA shall remain seized of the matter and refer same to its Grievance and Ethics Committee for the necessary and appropriate action,” said Cllr. G. Moses Paegar, President, Liberia National Bar Association.
According to Cllr. Paegar, Cllr. Johnson’s conduct was errant and misguided, which rather than placating the situation, and easing the impasse between the Supreme Court and the House, added ‘more gas to fire,’ instead.
“The LNBA is at a loss as to the objective of Counsellor Arthur T. Johnson’s call which, on one hand, purports to protect the rule of law and the dignity and respect of the Judiciary, whilst at the same time encourages members of the LNBA to engage in an illegal act which shows gross disrespect for and is an affront to the Honorable Supreme Court of Liberia, the Judiciary as a whole, and the LNBA on the other hand,” Cllr. Paegar asserted.
The leadership of the Liberia National Bar Association sees as a serious ethical transgression on the part of Justice Ja’neh’s lawyer that he would ignore to know that it is forbidden under the Code of Ethics and Professional Conduct for lawyers to speak on the substantive and procedural matters of cases pending before courts.
“In view of all that has been said, the LNBA unequivocally condemns, denounces, and abhors the conduct of Counsellor Johnson and makes a clarion call to all legal lawyers to ignore, reject and treat with utmost levity the unauthorized call made by him,” said the LNBA president.
Meanwhile, while the matter remains pending before the Supreme Court, the House on Tuesday, August 28 passed a Bill for Impeachment on Justice Ja’neh prepared by a special ad hoc committee set up by Speaker Bhofal Chambers to probe the petition to impeach. The petition to impeach was submitted by Representatives Acarous Gray and Thomas Fallah.
In the Bill of Impeachment submitted by the Special Committee set up by the Speaker, the Committee, among other things, found that there was probable cause for the impeachment of Associate Justice Ja’neh for official misconduct because his intention is nothing more than putting the House of Representatives at loggerhead with the Supreme Court and engender an unnecessary confrontation between both branches of government and maliciously exposing the House to public ridicule.
In the Bill of Impeachment, the lawmaker accused Ja’neh of stealing information (minutes) from a meeting held by an ad hoc committee chaired by Representative Kanie Wesso, Co-chair on Judiciary that drafted the rules and procedure that led to his impeachment.
Excerpt of the Committee’s report: “Theft of records: The Special Committee found that there is probable cause for the impeachment of the respondent, Associate Justice Kabineh Ja’neh for reasons of officials misconduct because the records which were not in the public domain was attached to the rate of prohibition and as such he must be made to show how these records came into his possession.”
The Bill of Impeachment also calls for the suspension of Associate Justice Ja’neh from the Supreme Court’s Full Bench during the impeachment proceedings by the Senate but should be allowed his salary, benefits and other emoluments.