The

JudicJanuary - March 2019 ar Vol. 1. Issue: 5 y Supreme Court Acknowledges Challenging Time as Justice Ja’neh Faces Impeachment

he Supreme Court of has Chief Justice Francis S. Korkpor, Sr.’s statement about the Court, is unprecedented in the history of our country.” acknowledged that it is experiencing what it challenges the high court of Liberia is going through was “To the best of my recollection,” Chief Justice Korkpor calls “a challenging time.” in clear reference to the impeachment proceeding against noted, “no impeachment proceeding in our nation has In the address delivered at the opening of the the most senior associate justice on the Korkpor Bench. March 2019 Term of the Supreme Court, the According to the Chief Justice, “the impeachment trial Chief Justice of Liberia said “it is no secret that this court going on at the Liberian Senate involving Mr. Justice Tis going through a challenging time.” Kabineh M. Ja’neh, a member of this See Page 2 Training critical for functional Judiciary …Justice Minister asserts prosecutors. Responding to the address of Chief Justice Francis S. Korkpor, Sr. at the opening of the March 2019 Term of he Minister of Justice/Attorney General of the Supreme Court on Monday, March 11, 2019, Cllr. the Republic of Liberia says the Ministry Dean agreed that the proceeding against Justice Kabineh welcomes the training of judicial officials, Ja’neh was unprecedented, adding that these are indeed especially magistrates at the James A. A. challenging times for the Judiciary. Pierre Judicial Institute at the Temple of He however expressed confidence that with divine Justice in Montserrado County. providence, the process-the impeachment proceeding- TJustice Minister, Cllr. F. Musa Dean, emphasized that would be steered along a safe path, that justice will in order to have a functioning and credible judicial ultimately be served. system and increase access to justice, those responsible “During our response at the October Term of this court,” for dispensing justice must have the requisite training, Cllr. Dean reminded the Supreme Court, “we told education and skills to understand and apply the law. you that we were reviewing various provisions of the Cllr. Dean stated that the Ministry of Justice will Criminal Procedure Law with the aim of introducing continue to compliment the training efforts of the amendments to ensure the efficient delivery of justice to Judiciary with the quarterly workshops and other our people, vital to enhancing access to specialized trainings in the legal field for state See Page 2 cllr. frank musa dean JudicThe ary | 2 Supreme Court Acknowledges Challenging Time as Justice Ja’neh Faces Impeachment

taken on the form of a full blown trial of judicial complexes, the training and democracy and the sustenance of its peace and cooperate with the court as long as before the Senate.” pending graduation of more associate and security. it performs its duty as the custodian of He told the guests at the Supreme Court magistrates, the training of judges and He promised that the LNBA will support democracy, peace and security in Liberia. opening ceremonies at the Temple of support from friendly governments and Justice in , that his role as the organizations, as well as the critical issue presiding officer is mandated by the of the impeachment proceeding. Training critical for functional Liberia Constitution at Article 43. In response to the Chief Justice’s address, justice and the rule of law.” Article 43 of the Liberian Constitution the National Bar Association praised the The Justice Minister disclosed that the states in relevant part that “…When the Supreme Court for the many progress process was well underway and would President, Vice President or an Associate made in the various areas reported soon reach the level of validation. Justice is to be tried; the Chief Justice shall and lauded the Swedish Government, Meanwhile, Cllr. Dean used the occasion preside….” other friendly governments, UNDP and to call on judges of the various courts Speaking further to really clarify and organizations assisting the Judiciary. and lawyers to emulate the example of make the public understand fully what The President of the Liberia National the Commercial Court by taking full is obtaining, Chief Justice Korkpor Bar Association, LNBA, Cllr. Tiawan advantage of chapter 12 of the Civil explained that the Liberian Senate tries S. Gongloe said the Bar agreed that Procedure Law relating to pre-trial the proceeding and is the sole judge of the Supreme Court is going through a conference. motion without a formal hearing and may whether or not the Justice has committed challenging period. “This provision allows the judge working refer lawyers filing frivolous motions and an impeachable offense. Cllr. Gongloe noted the challenging period with the lawyers to simplify the issues to claims to the disciplinary committee of Since the Constitution provides that the Supreme Court is going through be decided, limit the number of witnesses, the BAR. such impeachment trials be conducted results from efforts by some members of dispose of cases fairly and quickly, These reforms combined with training in keeping with due process, the Chief the House of Representatives to impeach ultimately dispensing justice more of magistrates, city solicitors and other Justice’s role, as a presiding officer is to Associate Justice Kabineh Ja’neh. efficiently and reduce the court’s docket.” judicial officers will go a long way in ensure that the trial is in keeping with “The impeachment of Justice Ja’neh is According to the Attorney General, improving the Judiciary and enhancing due process of law as constitutionally the second time that a member of the “the BAR must play a leading role for access to Justice, Cllr Dean stressed. mandated. Supreme Court bench has gone through developing training programs for lawyers The Justice Minister formally Despite such constitutional mandate, an impeachment proceeding.” and must set up a system to monitor the congratulated Cllr. Tiawan Gongloe for Chief Justice Korkpor said he has heard The LNBA president named Chief Justice performance of lawyers. Lawyers who his election as President of the Liberian and read and continue to hear and read Chea Cheapo as the first member of the are found wanting in knowledge and National Bar Association, LNBA, adding many accusations, innuendoes and court to have been impeached almost experience of the law must be made to that he found him to be a man of proven speculative views about his role in the unanimously by the Senate in 1987. submit to the tutelage of more experienced integrity and with fine character, qualities impeachment process. According to Cllr. Gongloe, the Samuel and knowledgeable lawyers.” very rare in Liberia today. “And some of these comments are coming Doe regime refused the resignation of “The proliferation of lawyers without the Considering Cllr. Gongloe’s experience from people who ought to know better” he Chief Justice Cheapo and impeached him proper skills if left unchecked, will pose as a practicing lawyer and his years of added in his usually calm tone. for detaining Judge Harper Bailey. a danger to the populace,” Cllr. Dean service at the Justice Ministry, Cllr. Dean The Chief Justice maintained that he He further noted that the current maintained. said the new Bar President has a unique will for now refrain from making any impeachment trial is not only challenging, On another issue, Minister Dean urged perspective of the challenges of the noble, substantive comments regarding his role, but troubling because it has the potential courts to discourage the filing by lawyers legal profession and the Judiciary. as the matter is being tried; but assures to lower the bar of impeachment and that of unmeritorious claims and suits. Cllr. Dean expressed confidence that Cllr. that the truth will emerge in the end. it may serve as a precedent for the easy Cllr. Dean wants lawyers filing motions Tiawan Gongloe’s leadership at the LNBA Among the several issues reported by the impeachment and removal of elected and intended to delay cases berated, shamed will bring integrity and even temperament Chief Justice at the Opening of the March other high officials of government. and rebuked by judges, noting that the to the Bar and in so doing will build on 2019 Term of the Supreme Court, were Cllr. Gongloe reminded the Supreme practice of holding a hearing for every the achievements of his predecessor and the appointment of judges to subordinate Court, that the Judiciary is the only motion or application must be abandoned. increase the activities and workings of the and specialized courts, the construction source of hope for the survival of Liberia’s He suggested that a judge can rule on a Bar. JudicThe ary | 3 The RECOMMIT TO PUNCTUALITY Judic ary Justice Yuoh Admonishes Judges and Lawyers EDITORIAL Advancing Freedom of Information and the Right to Know The Judiciary Branch of the Liberian Government is the final arbiter of constitutional issues and exercises final appellate jurisdiction in all cases whether emanating from courts of records, courts not of records, administrative agencies and so forth. Since its creation, ordinary Liberians have had embers of the national bar for the procurement of National Trial Judges their professional licenses, because difficulty understanding its functions. Association and lawyers the Supreme Court will not admit any In light of this difficulty, the Judiciary under the practicing before the attorney to its Bar without meeting the administration of Chief Justice Francis S. Korkpor, Sr. Mseveral circuits in Liberia have been basic requirements and being in good admonished to recommit themselves standing with both the local and the has established the Public Information Department to being studious, punctual, analytical national bars. tasked with the responsibility to inform and educate and impartial in their administration of justice and their overall deportment Also speaking at the ceremony, the the public about the Liberian Judiciary. before the courts. newly commissioned Resident Circuit One of such mediums being the publication of a Associate Justice Sie-A-Nyene G. Judge of the 5th Judicial Circuit in Yuoh said as judges and lawyers, Grand Cape Mount County, Ousman quarterly newsletter, “The Judiciary.” The publications it was incumbent upon them to Fritz Feika vowed to execute the will provide basic education on the workings of the constructively take steps to enhance mandate given him by the Chief the rule of law and accord equal rights Justice of the courts and events within the Judiciary, as well as to citizens and residents of Liberia unblemished and consistent with law. provide basic legal education that will enlighten the alike. The judge’s solemn commitment “Moreover, you must ensure that to the execution of his duties and public on the Rule of Law. justice is administered expeditiously, responsibilities were made when he “The Judiciary” will also serve as a medium to create inexpensively and speedily in delivered his first Charge during the accordance with the constitution and opening of the February Term A. awareness that repositions the Judiciary Branch in a the statutory laws of Liberia, and that D. 2019 of Court at the 5th Judicial way that maintains its dignity and respect, in addition the intent of the law must always be Circuit, Grand Cape Mount County. to the Judicial website (www.judiciary.gov.lr) which construed to promote justice and Judge Feika’s charge warned against equity without procrastination.” the unlawful request for the payment is one the most significant platforms for legal and These were the words of Associate of ‘a bail bond fee’ by judges before academic research in Liberia. Justice Sie-A-Nyene G. Yuoh at the approving a valid bail bond proffered opening of the February A. D. 2019 by a defendant. It is our goal that this newsletter will bring the Term of Court at the 5th Judicial According to the judge, several administration of justice closer to the public and Circuit in Grand Cape Mount County. opinions of the Supreme Court have Referencing the Supreme Court’s held that the purpose of a bail bond promote understanding that will engender respect opinion in the case Yate and Brown in a case, where allowed by law, is to for the rule of law in Liberia. versus Republic of Liberia, delivered ensure that no one is punished before in October 2015 and bordering on being actually tried and final judgment criminal cases, Justice Yuoh reminded rendered. judges and lawyers that the Supreme “Hence, the concept regarding Court of Liberia has mandated that maintaining the innocence of an Circuit Judges trying criminal cases accused person until proven guilty by should first conduct sentencinga court of competent jurisdiction will hearing before sentencing a convicted be undermined if care is not taken in defendant as required by law. this regard, and that as judges, they are Justice Yuoh also used the occasion to under obligation to approve valid bail remind judges and lawyers of the New bonds without requesting ‘bond fees’ Jury Law of 2012, which mandates the before approving such bonds.” Jury Management Office to utilize the Judge Feika has therefore pronounced data bases of the National Election that under his stewardship, “no one Commission, NEC, and the Liberia accused of a bailable offense will be Institute of Geo-Information Service, required by any magistrate to pay any LISGIS, for jury selection. fee for the approval of a bail bond in This means prospective jurorsorder to secure the temporary release are no longer requested from the of an accused person pending final municipalities through the sheriffs of adjudication of the case.” courts like before. He has vowed to ensure that lawyers She at the same time advised from the county regularly attend the Attorneys-At-Law to be in good opening sessions of the 5th Judicial Associate Justice Sie-A-Nyene G. Yuoh leads ECOWAS standing with their local bars and the Circuit. Court delegation to the capitol building JudicThe ary | 4 From The Courts Dispense Justice to promote peace amongst your al years. “I am convinced that his stay at this court people, Justice Nagbe urges judge will promote justice, will promote peace.” Because justice goes to recognizing the rights of party litigants without favor or without regret, Justice Nagbe urged Judge Banwon and other judges to dispense jus- tice in accordance with law. He noted by regret he meant that judges should not give a right to a party litigant if that party litigant does not deserve it un- der the law; then in that case they will be promoting peace in their various counties and jurisdictions. The Associate Justice told the new Resi- dent Circuit Judge of the 14th Judicial Cir- cuit that he was an eye of the judiciary be- cause he was interpreting the law in River Cess County. “Your ability to stem the evil of the society is involved. Your ability to speak truth to the power that be if the power that be is not following the law, is involved. Read the law and apply it,” Justice Nagbe cautioned. He further admonished Judge Banwon not to take the position of a judge lightly, be- cause the job is demanding and the char- ssociate Justice, Joseph bility for River Cess, Sinoe and Grand Ge- with the seating of the appointed Resident acter of the judge is involved. N. Nagbe has advised the deh Counties said “the debate about peace Circuit Judge of the 14th Judicial Circuit Justice Nagbe urged Judge Banwon to Judge of the 14th Judicial anywhere in the world centers around jus- Court, His Honor D. Onesimus Banwon. strike a balance in the performance of his Circuit Court in Cestos tice. Where there is no justice there is no Justice Nagbe described Judge Banwon as duties for the promotion of peace and jus- City, River Cess County, to peace.” one who comes to the position with great tice in the county. dispense justice fairly as a way of promot- Justice Nagbe made the statement in Ces- experience, though not as a judge, but as The Associate Justice also called on the Aing peace amongst his people. tos City at the opening of the February a former County Attorney for both River people of River Cess County to respect the Justice Nagbe who has oversight responsi- A.D. 2019 Term of court which coincided Cess and Grand Bassa Counties for sever- authority of Judge Banwon whom he said was ‘their own son.’ Temple of Justice, Justice Asante said, “We have observed from experience ECOWAS Court discusses its mandates in Liberia that many lawyers who appear before us are not familiar with the peculiar he Community Court of mode of practice before the ECCJ, a Justice of the Economic situation which affects the quality of Community of West African presentations and representations.” States, ECOWAS, has Dealing with the situation of lawyers’ Tconcluded a weeklong awareness and unfamiliarity with the practice before sensitization campaign in Liberia, with the court provided a rationale for a call on Liberians to take advantage the ECCJ officials to put in place a of the opportunities available at the technical presentation focusing on Community Court, ECCJ. the mandates, jurisdiction, practice Headed by its President, Honorable and procedures, as well as the mode Justice Edward Amoako Asante of filing cases for the promotion of (Ghana), the ECCJ delegation, justice. comprising other justices and officials “For the students, this will enable of the court, was in Liberia from 16th them strengthen the foundation in to 23rd March, 2019, and met with the preparation of legal practice and various stakeholders including law the demonstration of the court’s students, lawyers, civil society, judicial desire to strengthen the knowledge of and justice actors, amongst others. ECOWAS Laws amongst this category According to the ECCJ’s President, of ECOWAS citizens as they arrange Honorable Justice Asante, the Liberia the golden blocks for their future legal visit was aimed at engaging Liberians career,” Justice Asante added. and other stakeholders on the He however stated, that until the ECCJ workings of the court and explaining succeeded in its campaign to integrate to them its mandates to deepen their ECOWAS laws in the curriculums of understanding of the functions and law institutions, for training of lawyers operations of the ECCJ. as a long term mode of inculcating Speaking at the session held for law the sub-regional laws into the minds students and members of Liberian of ECOWAS citizens, awareness National Bar Association at the campaigns would serve in the short term to See Page 11 JudicThe ary | 5 ECOWAS COURT OF JUSTICE’S AWARENESS VISIT TO LIBERIA A PICTORIAL JudicThe ary | 6 ECOWAS COURT DELEGATION MEETS WITH LAYWERS, JUDGES, MAGISTRATES & JUSTICES OF THE SUPREME COURT A PICTORIAL JudicThe ary | 7 Opening of the March Term of the Supreme Court in Pictorial JudicThe ary | 8 Opening of the March Term of the Supreme Court in Pictorial

Judge Suggests Establishment of Regional Appeal Courts for Liberia he Resident Circuit Judge of the 15th Constitution to establish regional courts of appeal, County; 5th Judicial Circuit, Grand Cape Mount Judicial Circuit Court in River Gee County whereby appeals to the Supreme Court of Liberia County; and 11th Judicial Circuit, Bomi County. has recommended the establishment will not be a matter of right, but rather by the The last appeal court Judge Smith proposed could be of five (5) regional courts of appeal in permission of the Supreme Court. situated in Monrovia, the nation’s capital, to decide TLiberia. According to the recommendations contained in appeals from the Civil Law Court, 6th Judicial His Honor, George W. Smith suggested that the Judge Smith’s February 2019 Charge, delivered to a Circuit, Montserrado County; the Commercial establishment of regional appeal courts across cross section of citizens and residents of Fish Town, Court, National Labor Court, and other specialized Liberia will reduce the huge number of cases River Gee County, the five (5) courts of appeal could courts in Montserrado County. on the docket of the Supreme Court, which has be headquartered in Zwedru, Gbarnga, Kakata, overwhelmed the high court for years. Bentol and Monrovia. “The jurisprudence or philosophy of establishing a “We are well aware that the Supreme Court’s docket The Zwedru Appeal Court, Judge Smith suggested, court of appeal is that the decisions of this court, is exceedingly overcrowded; the Supreme Court could have appellate jurisdiction over the 3rd, with a 3-panel judges sitting, would be final, is overwhelmed with influx of appeals from our 4th, 7th, 12th and 15th Judicial Circuits in Sinoe, because there is no right of appeal to the Supreme trial courts of record; party litigants from far-away Maryland, Grand Gedeh, Grand Kru and River Gee Court.” In other words, Judge Smith argued, appeal circuits do not take advantage of their right of Counties respectively; while the Gbarnga Appeal to the Supreme Court is only granted by leave or appeal to the Supreme Court due to time and costs Court of appeal could dispose of appeals from the permission of the Supreme Court and not because of travel to the Supreme Court all the way to the 9th Judicial Circuit, Bong County; 8th Judicial the appealing party has the right to appeal. Nation’s Capital City of Monrovia; and bad lawyers Circuit, Nimba County; 10th Judicial Circuit, Lofa; do abuse the right of appeal to the Supreme Court and 16th Judicial Circuit, Gbarpolu County. He further reasoned that with courts of appeal by filling unmeritorious and frivolous appeals Another appeal court, the charge continued could established in Liberia, the Liberian Supreme calculated to “hang” or keep cases in abeyance. “ have its headquarters in Kakata, Margibi County Court, like supreme courts in other common law Judge Smith described the challenges enumerated to provide appellate services to the 13th Judicial jurisdictions with courts of appeal, will then focus above as few of the crucial difficulties Liberian Circuit, Margibi County; the 2nd Judicial Circuit, on its original jurisdiction and may only hear courts, including the Supreme Court, have to Grand Bassa; and 14th Judicial Circuit, River Cess appeals of very important cases of public interest; confront daily in the speedy disposition of cases. County; whereas Bentol City in Montserrado such as those involving the Constitution, election But, the River Gee Circuit Judge noted, the County was proposed to host one of the regional matters; and capital cases like treason, armed challenges could be surmounted if the National appeal courts, with the mandate of disposing of robbery, hi-jacking, terrorism, murder and other Legislature amended Articles 20(b) and 66 of the appeals from the 1st Judicial Circuit, Montserrado capital offences. JudicThe ary | 9 Judge Suggest Establishment of Regional Appeal Courts for Liberia Judge Smith claimed that some Liberians may argue smaller common law US States which have courts of According to the World Bank, the challenges that Liberia is too small and has no money to create appeal like Connecticut, Oklahoma and Kentucky to getting loans from banks and other financial appeal courts, but contended that the argument with populations of 3.6 million, 3.9 million and 4.5 institutions by businesses and individuals; the against the establishment of such courts in the million, respectively, as examples. challenges to resolving insolvency or bankruptcy of country with a population of 4.7 million and an Regarding the issue of money, the Circuit Judge businesses and the challenges to enforcing contracts area of 43, 000 square miles was a weak one. “The noted, that the creation of courts of appeal will between banks or other financial institutions, good business climate, investment and economic bring money to Liberia because cases, including as lenders, and businesses and individuals, as development benefits that will accrue to Liberia those relating to the enforcement of contracts, will borrowers are factors affecting the ease of doing with the establishment of appeal courts in Liberia be disposed of expeditiously; thus creating a good business in Liberia and the other 189 countries. outweighs the Liberia-too-small and no-money business climate for investment and economic Judge Smith spoke on the theme: Courts of argument.” development. Appeal, A Key to Speedy Disposition of Cases - A Judge Smith narrated that The Gambia, the Judge Smith said his recommendation for the Desideratum for Good Business Climate in Liberia. smallest West African common law country with a creation of appeal courts was sparked by the World population of merely 2 million and an area of 4,363 Bank’s recognized indicators relative to the ease of sq. mi. has a court of appeal. He also named other doing business in 190 countries, including Liberia. Judge vows to push for creation of magistrate courts he Resident Circuit Judge noticeable to all who may have visited to man the institutions of justice upon to plague us as a people, our quest for of the 14th Judicial Circuit the structure known to have been once their establishment. growth and development in every aspect Court in River Cess County completely dilapidated. “Success in the creation of Magisterial of our existence will perpetually remain has vowed to ensure access to Judge Banwon, who delivered his Charge Districts in the administrative districts unrealized.” justice throughout the county after being officially seated as Resident of the county, as envisioned, depends He called on judges like himself and by initiating the process leading to the Judge by Associate Justice Joseph N. to a very large extent on the availability magistrates to always render justice void T of any considerations and biases, stressing that where there is justice, there is peace and where there is injustice, anarchy and chaos reign. According to Judge Banwon, justice is inarguably the bedrock of social, economic and infrastructural development in any society, noting that it was therefore imperative that judges and magistrates make it their duty at all times, to uphold in practical terms, the basic tenants of legal justice to achieve the development objectives of the county. “Unless River Cess places the issue of justice at the center of its development initiatives by tenaciously adhering to and supporting the rule of law,” he warned, “the county will not achieve the CDC Government’s pro-poor agenda for prosperity and development.” Judge Banwon pleaded with the prosecution and defense lawyers of the county to work towards the speedy disposition of cases on the trial docket for the February 2019 term of court. establishment of magisterial courts of trained Responding to the charge, River Cess across the county. magistrates as County Attorney, Attorney George Deray Judge D. Onesimus Banwon said he “Success in the creation of well as clerical agreed with Judge Banwon and Justice will endeavor to collaborate with staff to man Nagbe that justice produces peace and other actors of Liberia’s governance Magisterial Districts in the those courts,” peace is a lead way to development. system to establish the relevant he maintained. Attorney Deray promised to work with the institutions of justice in the county, Judge Banwon defense team and the court to ensure cases including the construction of a administrative districts of used the on its docket are dealt with expeditiously Judicial Complex in Cestos City. occasion to and legally. “The Chief Justice, His Honor Francis the county, as envisioned, encourage The County Attorney named rape, sexual S. Korkpor, Sr. has unequivocally the citizens based violence and illegal possession of assured us that with the cooperation of River Cess drugs as offenses on the increase in River of the Legislative Caucus of River depends to a very large County who Cess County, noting that he has made Cess County in terms of financial are university contact with the SGBV unit at the Justice contribution, the Judiciary is willing graduates to Ministry to commence prosecution of and prepared to construct a Judicial extent on the availability get enrolled sexual assault cases in River Cess. Complex during the 2018/2019 either at the Also responding to the Judge’s Charge, the budget year,” Judge Banwon added. of trained magistrates as James A. A. acting president of the River Cess Bar, Atty. According to Judge Banwon, the Pierre Judicial James Baipay Seekpee called the attention creation of magistrate courts in the Institute or the of the court to evidence gathering as a other administrative districts of the well as clerical staff to man Louis Arthur major problem being experienced by county will make justice accessible Grimes School prosecution. and satisfy the people’s quest for of Law to Atty. Seekpee alleged that community justice. those courts,” acquire legal people were not helpful to investigators and These commitments were contained knowledge prosecutors seeking evidence to prosecute in the judge’s first charge delivered at and serve their crimes even if they had information that the opening of the February Term A. D. Nagbe, was quick to mention that while county. could help. 2019 of the 14th Judicial Circuit Court. they were determined to improve the “It is our firm conviction,” he told the On the issue of access to justice, Atty. The event, which was attended by scores justice system of the county, River Cess gathering, “that unless we begin to harness Seekpee appealed to the Legislative caucus of citizens of River Cess County, took was faced with the monumental challenge our human resources as a county, in of the county to work with other local place in the refurbished circuit courtroom of the acute shortage of trained manpower taking up those challenges that continue and national authorities to help set up JudicThe ary | 10 Assign cases as they come …LNBA recommends to Supreme Court he Liberia National Bar III Part 1 (a) Entry of Cases, state clearly Association, LNBA has how cases should be entered upon the admonished the Supreme Court docket of the high court. to assign cases in the sequence According to the rules referenced above, Tthe cases are received instead of awaiting “The clerk shall enter upon the docket all lawyers to request for assignment of their cases appealed to or pending in this court cases. in the order of their filing. No case shall “In that case,” Cllr. Tiawan Gongloe, be entered on the docket until all of the President of the LNBA believes “the Court records and papers connected therewith and the parties will know which lawyer is including briefs shall have been sent up not ready for a case and the blame will not and filed in the office of the clerk. The go to the Court or its clerical staff.” clerk in making of the docket shall give Cllr. Gongloe’s statement comes in the the title and nature of every case.” wake of the Chief Justice’s report to the Section 15.2 of the Civil Procedure Law of public during the opening of the March Liberia also states in relevant part under 2019 Term of the Supreme Court of the Method of Calendaring, how cases in Liberia. the lower courts should form part of their The Chief Justice’s report puts the number dockets. of cases on the Supreme Court’s active The rule is similar to the Supreme Court’s trial docket and its motion calendar to rule on docketing of case and stipulates 310 and 15 respectively. that “The cases docketed for a term of In the report, the Supreme Court urged court shall be docketed in order of the Judge Dunbar warns against discussion counselors to put in early requests for the date on which the clerk receives proof assignment of their cases and get ready for of service, except that cases entitled to the argument of such cases. preference shall be accorded priority over of unconcluded cases in the media But, the LNBA President suggested that others.” he Sixth Judicial Circuit, Civil that undermine or impugn the authority, Law Court of Montserrado dignity and integrity of courts or judges. County, has frowned on what it In another development, Judge Dunbar describes as an upsurge in the has proposed the recruitment of law Tdiscussion of cases pending before it in clerks to assist judges of the Civil Law the press and on radio talk shows. Courts speedily dispose of cases on their Delivering the charge of Civil Law Courts very overcrowded dockets. A and B, Judge Scheaplor R. Dunbar said “I propose that the Judiciary, the Law cases pending before the courts are sub School and the LNBA should collaborate judice. in a pilot project underwhich senior “This means lawyers and party litigants law students, as part of their academic are prohibited from taking to the press requirements, will put in few hours a to discuss the merits and demerits of the week at the Civil Law Courts to assist the case even before the court can hear the presiding judges to conduct legal research matter and enter a ruling or judgment.” and in assisting to prepare the first drafts Some lawyers, Judge Dunbar alleged, are of court rulings, orders and judgments.” under the mistaken belief that by taking Judge Dunbar stated that the project their cases to the press, they will mount would assist the Civil Law Court judges, enormous pressure on the judge or in a timely manner, dispose of the huge magistrate to rule one way or the other. number of matters on the dockets of the Judge Dunbar’s statements were made Sixth Judicial Circuit Court. during the opening of the March 2019 The judge’s charge also urged prospective Term of the Civil Law Court at the Temple jurors and ministerial officers of the the court assigns cases on its docket However, there are some exceptions to of Justice in Monrovia. courts to play their respective roles with chronologically to ensure fair play and the rules of the lower courts which are He told the courtroom full of lawyers, dedication and commitment to assist the transparency in the system. provided in Section 15.3 under Trial magistrates, jurors, journalists and courts dispense justice properly. The revised rules of the Supreme Court Preferences as enumerated below in members of the public that the belief held He urged prospective jurors to be under the topic “The Docket,” at Chapter subsections (a) to (c). See Page 9 by some lawyers that mounting pressure punctual whenever they are hearing cases on judges through the media can make and work with the courts to dispose of at the ceremony held in Civil Law Court rulings, Cllr. Martins differed with Judge them rule otherwise is obviously not true. many cases as possible during the March A, in the presence of Judge Yussif D. Kaba Dunbar and proposed that members of “Cases are won or lost not on the basis term. and Judge George W. Smith of the 15th the LNBA be recruited to perform such of public sentiment, but based purely on The judge warned ministerial officers Judicial Circuit in River Gee County. duties because they are trained to manage the facts of each case and the controlling against taking money from lawyers They agreed that lawyers should stop sensitive legal information. laws.” to serve assignments and refusing to discussing the merits of cases being heard Also reacting to Judge Dunbar’s charge The Civil Law Court “B” Judge maintained serve the court precepts for which such by the courts so that trials are not derailed was the Assistant Court Clerk and Legal that it was therefore unprofessional for amounts were given them. as a result of public sentiments. Assistant at the Registry Department of lawyers to advise or encourage their “In some instances, some bailiffs will The Secretary General of the Liberia the ECOWAS Community Court, (ECC), clients to discuss the merits of their cases connive with party litigants to make National Bar Association, Cllr. Bobby Barrister Duke Ekpenyeng, who was in on radio talk shows. false returns to court precepts. This ugly Livingstone said the LNBA was in the country along with the President and In most instances, Judge Dunbar behavior must stop.” agreement with the Civil Law Courts Justices of the ECC. lamented, the facts of the cases are Speaking further, the judge said the Civil and promised to conduct workshops to Barrister Ekpenyeng said the importance distorted and insults are rained on judges Law Courts will not hesitate to punish educate journalists covering the courts on of the judicial system cannot be over and magistrates by talk show hosts and any ministerial officer engaging in such what to report about cases pending before emphasized because it plays a pivotal the public. ugly behavior. them. role in the protection and promotion of He called such act on part of the media Judge Dunbar said the court relies Even though Montserrado County human rights. and the public as an illegal practice and heavily on ministerial officers to hear Attorney Edwin Martins supports the He expressed the hope that the public demanded that it be stopped. and determine cases, and as such, court positions of the courts, he noted that confidence in the Judiciary will not be Referencing RULE 1 OF THE CODE OF precepts must be served in a timely journalists had a responsibility to report eroded, urging greater cooperation and MORAL AND PROFESSIONAL ETHICS manner and the returns thereto must court events to the public, and as such, collaboration amongst all actors of the of lawyers, Judge Dunbar warned that always be correct. they should be guided as to the specific Justice System for the promotion of justice it was unprofessional for a lawyer to Officials of the Montserrado Bar, the and germane issues to report. across Liberia and ECOWAS sub-region. engage, advise, initiate or otherwise National Bar Association and state On the recruitment of Law Students to participate directly or indirectly in acts lawyers responded to the judge’s charge, assist the courts research the law and draft JudicThe ary | 11 Assign cases as they come Jury service critical to (a) An action brought by or against the disposition of cases at all levels of the the Republic of Liberia or a political Judiciary. subdivision or municipal corporation of Cllr. Gongloe highlighted that handing Liberia’s advancement the Republic, or an officer or agency of the down decisions on cases heard by the Republic on application of any such party; Supreme Court and subordinate courts (b) An action for which a preference across the country has been a major is provided by statute; stumbling block to dispensing justice in (c) An action in which the interest Liberia. of justice will be served by an early trial, “There are some cases before the Supreme including cases in which a material witness Court, currently, in which arguments took is about to depart from the country. place more than two years ago and yet, this court has not delivered any opinion These rules are however silent on the form in those cases.” and manner of Assignment of Cases by The LNBA President decried the both the Supreme Court and Judges of protracted period it takes for the courts to subordinate courts. It has therefore been deliver judgments in cases heard, noting the practice of lawyers making written that justice delayed is justice denied. or oral applications to the courts to have Cllr. Gongloe requested that the Supreme their cases assigned for hearing. Court set the standard by speedily On the issue of the performance of disposing cases it has heard so that lower the Judiciary, Cllr. Gongloe said the courts can follow suit. LNBA was compelled to speak on the numerous complaints about the delay in IDLO to support Liberia revise action help them understand the case individu- Office, Dr. Michelle T. Washington. ally. Dr. Washington said the role of jurors is plan against human trafficking He cautioned the prospective jurors to so important in United States of America be impartial, independent and unassisted and Liberia that only judges can overturn by persons not part of their panel as they their decisions. There are few instances in help the courts decide the fate of party lit- which a jury’s verdict can be set aside, and igants. one of such instances is when the evidence “Through participating in the jury system, adduced at the trial does not support or is you are playing a direct role in the imple- grossly contrary to the verdict of the jury. mentation of justice in Liberia,” Cllr. Tweh Dr. Washington told the prospective ju- concluded. rors to remember that their position is so Also making a brief remark at the cere- important and asked them to take up the mony was the Country Director of the courage to make decisions that may not be American BAR Association, ABA, Liberia popular but independent. ECOWAS Court discusses its mandates in Liberia the enforcement of the court’s judgment with member states through their execution procedures. During a press conference that climaxed the sensitization activities, the delegation appealed to the Liberian media to continue the awareness campaign through their global level.” and protection of survivors. fortify their knowledge of these laws reportage via their various mediums Despite its downgraded position, the “What we really hope to achieve with the and equip them better for the practice as a means of further explaining the IDLO boss believes Liberia can do better process is to start a conversation that says of international law. significance of the Community Court at fighting trafficking in persons because how we use the courts to be able to better Justice Asante urged the LNBA, the to the Liberian people. the country has the laws, legal framework respond and to begin to build this body oldest Bar Association in Africa, to The Community Court of Justice was and the capacity to respond. of evidence that says in fact, there is this rally the support of ECOWAS member created pursuant to the provisions of To correct some of the challenges Liberia robust judicial response to the problem of Articles 6 and 15 of the Revised Treaty is facing, Madam Mugadza noted, the trafficking in Liberia.” states to address the challenges and limitations against enforcement of the of the Economic Community of West IDLO Liberia Office will next year Also speaking at the ceremony, the Acting African States (ECOWAS). commence working very closely with Executive Director of the James A. A. decisions of the court. The Mandate of the Court is to the National Anti-Human Trafficking Pierre Judicial Institute lauded the IDLO Considering the potential negative Taskforce, convened by the Labor and for sponsoring the training which focused impact the non-enforcement of the ensure the observance of law and Justice Ministries to support the National on Human Trafficking, Jury selection and court’s decisions can have on the of the principles of equity and the Action Plan on responding to trafficking the New Jury Law, Financial Crimes and relevance of the court on the minds interpretation and application of the in persons. the Judicial Process, among others. of the community citizens, Justice provisions of the Revised Treaty and Prevention, Protection, Prosecution and Asante hinted, it was imperative all other subsidiary legal instruments Partnership are the pillars of the National Attorney Moses Soribah told the gathering for stakeholders to exert pressure adopted by Community. Action Plan which has been in place that the training was crucial for judges and on member states that have not The Court is composed of five (5) for a five (5) year period without much magistrates since they will hear trafficking, independent Judges who are persons achievement. financial crime and cybercrime cases in designated their focal authorities for the enforcement of the courts decisions of high moral character, appointed Madam Mugadza disclosed that IDLO is their respective courts. by the Authority of Heads of State currently working with the taskforce to Attorney Soribah said trafficking is a to do so. of Government, from nationals of revise and come up with a new action plan serious challenge because of Liberia’s The ECCJ President also called for on trafficking in persons for Liberia for many porous borders. similar pressure to be mounted on Member States, for a four-year term the period 2019-2023, with a strong focus member states to domesticate the of office, upon recommendation of the on strengthening prevention, prosecution instruments of the ECCJ to facilitate Community Judicial council. The

JudicJanuary - March 2019 ar Vol. 1. Issue: 5 y Jury service critical to Liberia’s advancement Chief Justice Francis Korkpor n fulfillment of the New Jury Law of Liberia, and impartial decisions if they were selected to backed by the Liberian Constitution, hun- serve. dreds of Liberians have undergone orien- In a brief statement, the Chief Justice warned the tation for jury service during the February prospective jurors against making unfair and par- I2019 Term of court in Montserrado County. tial decisions because the consequences of such Article 20 (A) of the Liberian Constitution states judgments will not be blamed on jurors but rath- in part “…and in all cases not arising in courts er on the Judiciary. not of record, under courts martial and upon im- “You come here, those of you who will be select- peachment, the parties shall have the right to trial ed. You will sit on maybe a criminal case or on by jury.” a civil case. Your action or inaction will have far The orientation program, organized by the Jury reaching effect. If you look at the facts like this, Management Office of the Judiciary, took place and say because somebody has influenced you, Friday February 1, 2019 at the Temple of Justice so you will not say the truth, then you have done in Monrovia. wrong.” Prospective jurors are no longer requested from Even though Chief Justice Korkpor acknowl- the municipalities like before, but randomly se- edged the imperfection of the Judiciary in the ad- lected from the databases of government min- ministration of justice, he added that jurors wors- istries and agencies, civil society organizations, en the situation if they make the wrong decisions corporate institutions and the roster of eligible based on external influences. voters. He urged them to be people of courage, charac- Cllr. Tweh, who is the Managing Partner of the Pierre, Tweh and Associ- Simply put, their (jurors) key role is to assist the ter and independence in their actions as a way of ates, Incorporated law firm, noted that jury questions during trials bring Judiciary make decisions on matters brought avoiding the temptation of being tempered with about clarity and understanding of the testimonies of witnesses as well as before the courts, in support of citizens’ partici- by lawyers and party litigants. jurors’ engagement with the trials. pation in the Judiciary-a key pillar of the Open Delivering the keynote address on the theme According to Cllr. Tweh, jury questions sometimes expose the leanings Government Partnership initiative or OGP. “Questioning Witnesses by Jurors” Cllr. N. and biases of a particular juror or jurors hearing a case. Chief Justice Korkpor told the prospective jurors Oswald Tweh said Liberia has a history where ju- The learned lawyer advised the prospective jurors to ask questions that that the only way Liberia will advance is if they rors take notes during trials and ask questions, a will clarify a witness’s testimony, bring out the truth, and took up the challenge and courage to make fair trend that is now being globally accepted. See Page 11 Among other things, the report IDLO to support Liberia revise action plan against human trafficking recommends that Liberia increases efforts lthough the Liberian Organization, IDLO, Liberia Country in the society and also works with various to investigate, prosecute, and convict Government has not fully Office said Liberia made efforts in 2017 justice actors to respond to key issues traffickers; as well as train and equip law complied with the least at fighting trafficking in persons but, the working against the most vulnerable enforcement, immigration officials, and standards for the elimination country’s status has been downgraded for getting justice. social workers to identify, investigate, and Aof trafficking, it was said to be making failure to enhance the fight in 2018. Teresa Mugadza, IDLO’s Country prosecute trafficking offenses. frantic efforts to conform to the principles, IDLO is an international organization Director for Liberia disclosed that the US Provision of operation and victim despite limited resources. that partners with institutions to enhance State Department Report on Trafficking protection budgets to the anti-trafficking The International Development Law access to justice for the most vulnerable in Persons placed Liberia in what is task force, finalization of the national described as ‘Tier 2 watch list,’ because it referral mechanism, training of law appeared that the country was not doing enforcement and social workers on enough to fight trafficking in persons implementation and the expansion of during the last reporting period. victim services – particularly for victims Madam Mugadza made the statements outside the capital– are some of the in February 2019, at the opening of key recommendations Liberia needs to a quarterly training of judges and enhance. magistrates undertaken by the James A. “And if,” Madam Mugadza said, “Liberia A. Pierre Judicial Institute and sponsored has been identified as one of the countries by the IDLO. that is both a source of trafficking in As a Tier 2 country in the Trafficking persons, as well as a destination country in Persons Report of 2017, produced by for persons that are trafficked, then the the US State Department, Liberia was question of trafficking in persons has considered a country that had legislations become very important; not just from an responding and working towards international development perspective, eradicating trafficking in persons. but also from an international relations However, the report states, that the and policy perspective, because how you government did not demonstrate overall are perceived in the comity of nations increasing efforts compared to the is how you are responding to the issues previous reporting period. that are happening at the See Page 11

“The Judiciary” is published by Public Information Department of the Liberian Judiciary at the Temple of Justice, on Capitol Hill, Monrovia, Liberia. Web: www.judiciary.gov.lr | Email: [email protected]/pio.judiciary.gov.lr | Contacts: Attorney Darryl Ambrose Nmah, Sr. Director of Public Information/Managing Editor, 0886458993 Zito F. Slebah, Deputy Director, Public Information Department/Chief Editor, 0776748370 Bruce S. B. Boweh, Public Information Officer for Media Relations/ Editor, 0777200841 Naiye Kwiah-Wiaplah, Public Information Assistant Officer for Web management /News Editor, 0775656651 Romeo Quoi, Layout Artist/Web Manager, 0880811238 Kortee Smith, Compilation Clerk, 0777940758