The Liberia National Bar Association (LNBA) has reiterated earlier calls for respect for the rule of law in the wake of key trending national issues, including the arrest and subsequent indictment of some current and former officials of the Central Bank in connection to the alleged missing LD$16 billions.
In a statement issued in Monrovia over the weekend, the LNBA headed by Cllr. Tiawan Gongloe also addressed itself to the ongoing legal tussle to impeach Justice Kabineh Ja’neh and the public torture and humiliation recently of two women stripped naked in Liberia’s southeastern Sinoe County.
The Bar noted that these developments “may be responsible for the seemingly escalating tone of rhetoric among both state and non-state actors”.
16 billions saga
On the arrests of the current officials and former CBL Governor, the LNBA noted that while it supports accountability and governments expressed commitment to fight corruption and hold people accountable for breaching the law, it warned against doing so on the basis of selective justice.
“If some Liberians are being arrested on account of the two recent reports issued on March 1, 2019, all of those who were named for unlawful conduct in the handling of public money, should be made to face the full weight of the law”, emphasizing the impartial application of the law regardless of the status, political or family connection of whoever is involved.
The umbrella organization of lawyers and judges in Liberia has at the same time underscored the need to note that an accused person is presumed innocent until proven guilty consistent with Chapter 2 Section 2.1 of the Criminal Procedure Law.
It also pointed out that “all accused persons must be accorded the rights and protection provided under the Constitution and statutory laws of Liberia and that they should be subjected to a free, fair, impartial and expeditious trial”.
Justice Ja’neh Impeachment trial
Another topical issue touched by the bar relates to ongoing impeachment proceedings against Justice Ja’neh, stressing the need for all to operate within the scope of the law.
Quoting Article 71 of the 1986 Constitution, the statement said ”Chief Justice or Associate Justice may be removed upon impeachment and conviction by the Legislature based on proved misconduct, gross breach of duty, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes.”
It further highlighted Article 73 of the Constitution: “No judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and judicial acts done in the course of a trial in open court or in chambers, except for treason, or other felonies misdemeanor or breach of the peace.…”
The statement also said that “if judicial officials are subjected to impeachment because of opinions rendered or decisions made in the exercise of their judicial responsibilities, it has the tendency to undermine the independence of the Judiciary, weaken the checks and balances framework envisaged in the Constitution and is corrosive to our democracy”.
LNBA: “if the impeachment proceeding omits the causes or fails to follow procedure spelled out clearly by the Constitution, it would be tantamount to a witch hunt and a travesty of justice that would erect a very dangerous precedent in the country”.
Public humiliation of women in Sinoe
In a separate development, the LNBA has condemned the public spectacle made of two women in Sinoe County who were paraded naked in the streets, photos and videos of which have been trending on social media.
“The Bar maintains that Liberia is governed by the rule of law. Under our laws, where a person is suspected of committing a crime, the person is investigated by the Police, charged and forwarded to court for prosecution”.
The Bar also strongly states that the laws of the country do not in any form support individuals or institutions taking the law into their own hands, describing the act against the two women as a gross violation of the law, a perpetuation of jungle justice, which damages the high values of womanhood.
Those alleged to have abused the women to be brought to book in order to serve as a deterrent, the umbrella group for Liberian Lawyers said.