Monrovia – Chief Justice Francis Korkpor declared Thursday that the impeachment proceedings against one of his associate justices, Kabineh J’aneh cannot proceed until a motion for his recusal is heard.
“As you aware there is a motion for my recusal; due to that we cannot go further with this hearing until this motion is heard and disposed of to determine whether or not I preside on this matter. I will call this hearing to an end to resume Monday at 10:00am,” Chief Justice Korkpor declared.
In a petition Wednesday, Justice J’aneh moved for Chief Justice Korkpor to recuse himself from presiding over the hearing “in the interest of justice and fair play”. The Supreme Court last Wednesday ruled into a Writ of Prohibition filed by four Senators who claimed the Senate was leading wrongly in the impeachment proceeding. However, the petitioned was denied due to procedural error on the part of the Senators.
Justice J’aneh argued that a Justice is required to recuse himself/herself when that case is brought before the Supreme Court or, a Justice is required to recuse himself/herself from a case his relative is involved, or where the Justice is on record to have taken a position with respect to a particular case….”
‘Impeachment Conflicted’
Justice J’aneh reference the Supreme Court in case Republic of Liberia versus H. Lafafette Harmon which was decided on December 22,1936 and opined as follows: “The Principles of impartiality and disinterestedness and fairness on the part of the judge are as old as the history of courts of justice and it those three cardinal principles supposed to exists which give credit and tolerance to the decrees of judicial tribunal.”
Justice J’aneh argued in his petition that that the Amended Bill of Impeachment, specifically count nine (9) thereof, averred that the Supreme Court was manipulated in dismissing the appeal in the Constance’s case which, according to the House of Representatives, could not traditionally and customarily be dismissed. “The head of the Supreme Court now the 1st Respondent who participated and signed the judgment in the Constance Case subject of the Bill of Impeachment certainly cannot preside over the trial growing out said Bill of Impeachment as he is conflicted. Hence, the request for your recusal in presiding over these proceedings.”
On Thursday, the Chief Justice took note, declaring that he was presiding over the impeachment proceeding in fulfillment of a constitutional mandate. “Article 43 of the Constitution of Liberia (1986) provides in part: “The power to prepare a bill of impeachment is vested solely in the House of Representatives, and the power to try all impeachments is vested in the Senate. When the President, Vice President or an Associate Justice is to be tried, the Chief Justice shall preside…”
The Chief Justice told the opening session of the impeachment hearing Thursday that on November 15, 2018, the House of Representatives presented to the House of Senate a Bill of Impeachment for the impeachment of His Honor Kabineh M. Ja’neh, Associate Justice of the Supreme Court of Liberia. I received a communication from the Liberian Senate, through the President Pro Tempore, informing me of the Bill of Impeachment and requesting that I appear today to preside over the proceeding as provided by the Constitution. “So, it is by the dictates of the Constitution that I am here.”
Chief Justice Korkpor explained that to the best of his recollection, no impeachment proceeding in Liberia has taken on the form of a full blown trial before the Senate. “Maybe this one will. Thus, there being not much precedence we can rely on, we will be guided in this trial first and foremost by the Constitution, and then by the statutory laws and the urge to be fair and to do justice to all at all times. As the Presiding Officer, I am committed to this. I shall be in full control of the proceeding. I shall pass on all relevant applications or questions raised during trial. Both sides will be treated equally and fairly in keeping with law. The parties will only speak through their respective counsels.”
‘This is Not a Courtroom’
The Chief Justice continued: “This is not a court room, but we must ensure that the calm and serenity that prevail in courtrooms during trials prevail here. I will insist on order and timeliness. We shall meet at 10: a.m. each trial day and continue proceeding until adjourned by me. As I am in my judicial robe, I direct that henceforth, all lawyers representing the parties to this proceeding also wear their judicial robes.”
Chief Justice Korkpor further explained that the constitution requires that impeachment proceedings conform to “due process of law”. Thus, he said, it is my responsibility as the Presiding Officer, to ensure that all parties, including the Justice who is on trial are accorded due process. “Presumption of innocence is at the core of our jurisprudence and we shall respect this throughout this trial.”
The Chief Justice added: “The Constitution directs that the power to try all impeachments is vested in the Senate. The Senate is the trier of facts. This means that you, Honorable Senators, will keenly listen to the case, critically evaluate the evidence and come up with the decision whether or not the evidence that will be adduced establishes that the Justice has committed an impeachable offense. During the course of the trial, and at the appropriate time, you will question witnesses, if you so wish. Do know however, that as the Presiding Officer, I have the authority to allow or disallow any question, which in my view, will not serve the end of justice. You will please yield in the event your question is disallowed.”