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Threat to The The JudicDecember 2018 ar Vol. 1. Issue: 4 y OVIA R ILDING, MON ILDING, U B E STIC U OF J OF E MPL E T THREAT TO THE SEPARATION Justice Ministry says Critical reforms are needed to promote speedy trial he Justice Ministry has justice system is critical to the OF POWERS expressed the need for promotion of access to justice for reforms in Liberia’s the ordinary Liberian people. criminal justice system Cllr. Dean said the Justice Ministry Call for Judicial oversight Tand amendment to some Liberian is currently in the process of laws to reflect current day realities. reviewing critical areas of the Justice Minister Cllr. Frank Criminal Procedure Law and body at Legislature threatens Musa Dean, Jr. suggested that in other laws they think are vital to addition to providing training enhancing access to justice and separation of powers doctrine for prosecutors and judges, rule of law. transformation in the criminal Responding to he Supreme Court of Liberia constitution of Liberia. SEE PAGE 2 says it has heard of a call or The Chief Justice’s statements were proposal for the creation contained in the 12-page speech of what is to be called a delivered during the opening of the T‘judicial oversight committee’ within October 2018 Term of the Supreme the National Legislature. Court in Monrovia on October 8, Liberia’s Chief Justice, His Honor 2018. Francis S. Korkpor, Sr. says what Also speaking on the matter, Liberia’s surprises him most about the proposal Attorney General agreed with the is the fact that the call is being made by Supreme Court, that the call for setting an unlikely source. up a ‘judicial oversight committee’ in According to Chief Justice Korkpor, the Legislature will undermine the the Judiciary will say more in due doctrine of Separation of Powers course about the establishment of such stipulated in the Constitution of body. Liberia. He however described the proposal as Article (3) of the Liberia Constitution having the propensity to undermine states in part that: Consistent with the the independence of the Judiciary and principles of Separation of Powers that it directly assails the doctrine of and checks and balance, no person Separation of Powers enshrined in the holding office in one SEE PAGE 2 CLLR. FRANK MUSA DEAN, JR. JudicThe ary | 2 Threat to the separation of powers of these branches shall hold office in law; and must be seen as fair, judicious or exercise any of the powers assigned and impartial.” to either of the other two branches Cllr Dean wants the judgments of except as otherwise provided in the Liberian courts carry the moral Constitution; and no person holding authority to demand compliance from office in one of the said branches party litigants. shall serve on any autonomous public Reflecting on the role of the Judiciary agency. in Liberia’s constitutional democracy, Although Cllr. Frank Musa Dean, Jr. the Justice Minister recalled the words told the Supreme Court, the public of former Chief Justice James A. A. and the community of lawyers that the Pierre, who, speaking for the Supreme move was dangerous to maintaining Court in the case, In re: C. Abayomi independence within the Judiciary, he Cassell, Cllr-at-Law, 14 LLR 391 said the latter must embark on what he (1960) made the following statement. calls ‘self-cleansing’. “The Judiciary is the anchor which “We must work assiduously at ‘self- holds stabilized government in policing and self-cleansing’ to restore balance; without it, vested interest the respect, faith and confidence of the might suffer, sacred rights might be common people in our Judiciary and violated constituted authority might be rule of law” he strongly suggested. challenged, and in fine, administrative Justice Minister Dean continued, “Our chaos could result.” courts’ judgments and actions must be grounded in and have the support of Justice Ministry says Critical reforms are needed to promote speedy trial the opening statement delivered by Plea bargaining is another aspect of Chief Justice Francis S. Korkpor, Sr. the Criminal Procedure Law that the during the opening of the October Justice Minister says needs reforming, 2018 term of the Supreme Court, Cllr. as a means of cutting back on lengthy Dean named amending the Criminal trials and the huge cost associated with Procedure Law to provide for longer them. jurisdictional sitting days as one of the The Attorney General’s statement reforms critically needed. defined plea bargain as a process in This, he said, would afford prosecutors which the prosecutors and lawyers of and judges in the leeward counties the accused are given the opportunity enough time to remain in their to negotiate and work out a plan for respective jurisdictions for a longer the accused to plead guilty to a lesser period to prosecute and hear many offence for a lesser sentence. cases as possible. The Justice Minister said the suggested Currently, the Judiciary Law at Section reforms, combined with training of 3.8.2 under Quarterly Sessions provides magistrates; city solicitors and other that the trial session of the circuit judicial officers will go a long way in courts runs for forty-two consecutive improving the Judiciary and enhance days, not including Sundays and legal access to justice. holidays unless sooner terminated In another development, the Ministry because all businesses before the courts of Justice has frowned on what it calls are disposed of before the expiration the growing trend of lack of respect of that period. and adherence to the rule of law in Another aspect of the Criminal Liberia. Procedure Law being reviewed is the Minister Dean noted the attitude has one relative to arrest and incarceration permeated the Liberian society to of party litigants by magistrates on the extent that it can be seen in every the strength of a complaint by a party aspect of our existence, ranging from without reference to the Ministry of traffic violations to rape, murder, Justice or the Liberia National Police. drug abuse, illegal strikes by workers, “It has been found that there is a illegal protests and misconduct by direct correlation between pre-trial government officials. detention, prison over-crowdedness “This is a dangerous trend and on the one hand, and imprisonment threatens the peace, security and gains on the orders of magistrates without made over the years” he lamented. any reference to the Justice Ministry Cllr. Dean disclosed that a meeting on the other hand,” the Attorney of various state actors and opinion General added. leaders to include civil society, religious According to the Cllr. Dean, the leaders, human rights institutions, and number of pre-trail detainees will law enforcement agencies will soon be CLLR. FRANK MUSA DEAN, JR. significantly reduce, if the law is convened to discuss the deteriorating must be respected. in our homes, in our communities, in amended so that no magistrate orders trend of lawlessness in Liberia. He advised that challenges relating to our offices and throughout the length the incarceration of an accused until The Dean of the Supreme Court Bar the legal basis and soundness of such and breadth of the Republic. Our the police investigates and the county described respect for the rule of law as legal instruments must be addressed laws must be applied and enforced, attorney or city solicitor makes an the bedrock of any functional judicial within the framework provided by law. no matter against whom,” the Justice assessment as to whether charges system and demanded that precepts “Respect for the rule of law must be felt Minister stressed. should be brought. and orders emanating from the courts JudicThe ary | 3 vacancy that existed at the 2nd Judicial Circuit Court in Grand Bassa County. ServeFrom the people The not political Courts parties Their deaths created the vacancies in the neighboring counties which are now being filled. On the other hand, the retirement of Judge …Weah urges commissioned judges Emery Paye and the late Judge Amymusu K. Jones in July and August 2018, both of the 8th and 5th Judicial Circuits of Nimba and Grand for the persons appointed as relieving judges, Cape Mount Counties respectively, created who is not a resident of the county in which the need for judges in the two counties just the Circuit Court to which he is appointed, is mentioned. located. Active practice of law, as used herein With the commissioning of the judges, the is not limited to the direct practice of law, but situation of a circuit judge presiding over includes judicial service, governmental service two courts at the same time will probably and the teaching of law.’’ come to an end at the First Judicial Circuit in Performing the commissioning ceremony, Montserrado County. President George Manneh admonished For instance, Judge Roosevelt Willie of the judges to dispense justice without fear Criminal Court A currently presides over or favor. He instead urged them to ensure Court D, the court responsible for handling honesty and fairness become the hallmark of armed robbery cases, because the judge of their decisions. Court D is presently filling the gap created by President Weah said those who administer the death of Judge Geevon Smith in River Cess justice must hold their loyalty to the Liberian County. Constitution and the statutes of land, and The Chief Justice of Liberia, His Honor Francis not to a political establishment, a tribe or an S. Korkpor and Associate Justice Joseph Nagbe individual. were among several government officials who “You are called to serve the people of Liberia. attended the commissioning program which You are not called to serve anyone or political took place on Friday, the 23rd of November PREsidENT GEORGE MANNEH WEAH AdmiNISTING OATH party or tribe or your pecuniary interest.
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