Monrovia – The opening of the Supreme Court of Liberia continues to be poorly attended by Judges and Magistrates. On Monday, at least 18 judges and 25 magistrates were in attendance.
Report by Bettie Johnson-Mbayo/ [email protected]
“Members of the bar, this is the Supreme Court; we do things in keeping with the law, we don’t allow disturbances, and we allow you people dragging in the court today, but can’t guarantee we will next time.
Also, the failure of the Judges and Magistrates to be present is an issue” Francis Korkpor-Chief Justice
This has been the regular attitude of these aristocrats who preside over the various courts.
Rule 1 of the Supreme Court requires that all justices and counsellor, to be present to answer to their names at the call of roll unless excused.
The absence of the magistrates caught the attention of the Chief Justice Francis Korkpor who expressed dissatisfaction over the issue.
“Members of the bar, this is the Supreme Court; we do things in keeping with the law, we don’t allow disturbances, and we allow you people dragging in the court today, but can’t guarantee we will next time.
Also, the failure of the Judges and Magistrates to be present is an issue,” he said. He, however, did not state what punishment would be taken against judges and magistrates who fail to attend the next opening or closing of the Court.
Chief Justice Korkpor said that the March term was quite challenging.
“However, we heard and decided a total of 34 cases. Amongst them were high profile cases which required very special attention.
This is indeed a commendable effort. But viewed against the backdrop of the incessant overcrowded docket of this Court, the cases decided were just “drops in the bucket,” he said.
According to Justice Korkpor, reasons behind the over-crowdedness of the docket has been determined by the Bench and the Court has therefore, decided to hear and decide all cases on appeal.
Chief Justice Korkpor referenced Articles 60 and 22 of the Constitution to back his argument that once a party has perfected an appeal from a subordinate judicial tribunal to the Supreme Court, that appeal, as a matter of right, must be reviewed and passed upon, most often, through the delivery of an opinion.
The Chief Justice added that an opinion, especially in a high profile matter requires an exhaustive undertaking to ensure quality and justice.
Justice Korpor: “It is therefore highly improbable that the docket of this Court will be exhausted in any given term time if the requirement that all appeals be passed upon by the Supreme Court remains in place and with the Court’s present composition of five Justices.”
Chief Justice Korkpor recognized that the horizon of the Liberian people has changed.
“They are now, more than ever, conscious of their rights and would quickly resort to the courts for redress. This means more cases in courts and correspondently, more appeals before this Court.
Yet, the requirement that all appeals be passed upon by the Supreme Court remains unchanged.
“In our view, the time is now that we find a permanent solution to the perennial problem of overcrowded docket of this Court.
In time past, this important issue had been discussed at so many forums—National Judicial Conferences, Criminal Justice Workshops and Conventions of the Liberian National Bar Association, etc., at which time some concrete proposals and recommendations were made,” he averred.
The Chief Justice said he is aware that there are those who hold the view that the number of Justices on the Supreme Court Bench be increased.
“The overwhelming view appears to be that the solution lies in the creation of appellate courts to deal with appeals of general nature so that the Supreme Court can hear and decide appeals mainly in constitutional matters.”
In response, Justice Minister Fredrick Cherue said he was fully of the challenges faced by the Supreme Court.
He named some of the challenges to range from over crowdedness of the docket; lack of adequate resources to undertake much needed structural institutional reforms to lack of adequate capacity of employees of the judiciary among daunting challenges.
Minister Cherue: “Mr. Chief Justice, you have made reference to the discussions held at National Judicial conferences , workshops, and conventions of the Liberia National Bar Association of which recommendations were made systems be put in place to help reduce the over crowdedness of the docket of the honorable court.
“The Ministry of Justice agrees that indeed there is a need to overhaul the procedural technicalities that attend the hearing and disposition of cases before the Honorable Court.”
Meanwhile, the President of the Liberia National Bar Association Cllr. Moses Paegar called for collaboration and cooperation between lawyers and Supreme Court.
He added that the bar will cooperate in making sure that the desire of the high Court will be met.
While no member of the House of Representatives was present, the Senate was represented by Vice President Joseph Boakai and Senator Conmany Wesseh.