Monrovia – The final day of Justice Kabineh Ja’neh’s impeachment trial left many of his supporters holding their breath after nine senators openly decided to abstain from the voting.
And with just one decisive vote needed to turn the tide in his favor, Thursday was a long evening of legal and political maneuvering and Friday, March 29 will take a good space in the history books and at the same time hand President George Weah the power to appoint another Justice on Liberia’s most power court.
Twenty Senators were poised to take the vote, which result will be two-third of the total membership require to endorse Ja’neh’s impeachment.
But as the day became night, news quickly spread that the votes had been reportedly taken and that 26 persons had participated.
Earlier, after two hours each of debate, Chief justice Francis Korkpor asked Senators to retire to their deliberation room to decide the verdict.
The Chief Justice cautioned them that they could postpone the verdict if they were unable to reach an amicable solution.
Now that the decision is unknown although the vote has been reportedly cast, it is not clear what the result will be.
However, the one critical vote is most needed to decide Justice Ja’neh’s fate.
Many believe that getting the critical vote is possible, while others remain skeptical but some say the deal is sealed and Ja’neh has lost his seat on the High Court Bench.
Nine Senators Abstained?
After final arguments on Thursday, a position statement was signed by nine senators calling themselves “Senators for the Constitutional Justice” released a statement disclosing that “they cannot, and shall not and do not support the impeachment trial because such impeachment is being held in gross violation of the Liberian Constitution”.
“We the undersigned senators further not, with grave concern, that the position of the Senate on the Impeachment of Justice Kabineh M. Ja’neh was essentially but negatively influenced by the chairman of the Senate committee on judiciary, human Rights, Claims and petitions,” the resolution said.
The senators are: Oscar Cooper, Margibi County; Nyounblee Karnga Lawrence, Grand Bassa County; Conmany Wesseh, River Gee County; Sando Johnson, Bomi County, Henrique Tokpah, Bong County; Daniel Naatehn, Gbarpolu County; Stephen Zargo, Lofa County and J. Gblegbo Brown, Maryland County.
The senators alleged that plenary position in the matter is “constitutionally faulty, flawed, ill-advised and a result of confidence betrayal and one that is appear to be designed to serve a selfish interest”.
They also demanded that Senator Varney Sherman resigns as chair of the Senate Judiciary Committee to save the Senate from future embarrassment.
Meanwhile, Senator Edward B. Dagosseh of Grand Cape Mount county has chosen to abstain from the process. Although it is not yet clear what prompted his decision, sources say it might have been due to his illing health.
Others say The Grand Cape Mount senator is apparently adhering to his party’s mandate. The Unity Party to which he belongs has mandated its Senators to vote against the impeachment of Ja’neh.
Who Has the Critical Vote?
Fewer lawmakers have spoken strongly and openly against the impeachment. Some have gone public while others have expressed their opinion during deliberation in the chambers of the Senate.
Nimba County Senator Prince Johnson has openly termed the process as unconstitutional.
He began vocal days after former Supreme Court Justice Philip A. Z. Banks, III declared during an appearance as an expert witness in the ongoing impeachment trial, that any action taken by the Senate in support of the House of Representatives’ decision for the impeachment could run into challenges in the court based on its constitutionality.
Senator Johnson then added his voice by criticizing the process.
“The whole process is unconstitutional because we must give someone accused due process before impeachment. Kabineh was not given due process by the lower house when he was impeached,” Senator Johnson said in an interview with a community radio in the county at the weekend.
“The lower house has the responsibility to prepare the bill of impeachment. The bill of impeachment will carry the charges. When you have done that, the second step is for the legislature that means the Senate and the lower house to come out with the rules of proceeding”.
Senator Johnson is amongst lawmakers who believe that the rules of proceedings should be drawn out by both houses to guide the impeachment process; then when it is drawn out, the lower house will now instruct, subpoena the accused to appear before it for hearing and due process.”
With his critical view of the proceeding, observers consider him as one of the three possible votes that may swing Justice Ja’neh’s way.
However, as unpredictable as Johnson is, his vote may just be another shocker.
Another Senator is Thomas Grupee also of Nimba County. Grupee has also called the process unconstitutional and argued during the Senate plenary that because there were no rules for the process the impeachment is illegal.
Also, Senator Milton Teahjay of Sinoe County has been one of the critical voices speaking against the procedure used to oust Ja’neh.
Senators Teahjay and Grupee are also expected to make critical decisions, something many are opting that might favor the embattled Associate Justice. Meanwhile, as the verdict remains a top secret, concerns are growing over the legal procedural of withholding the result until the following day.