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Circuit Court Judge Says Weakness Of The Judiciary Led To Liberia’s 14 Years Civil War

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PHOTO: Circuit Court Judge Smith

By Garmah Never Lomo, garmahlomo@gmail.com

FISHTOWN, River Gee, Liberia- The Assigned Resident Circuit Judge here, George Smith says the Judiciary is the “chief-pillar, cornerstone and foundation” upon which the government, people and all other institutions and organizations can rest upon.

“The word “pillar” is defined as “a … structure of stone … used as a support for a building ….” While “cornerstone” means “foundation.” This means that amongst the three branches of the Liberian government, the Judiciary Branch is the “chief-Pillar upon which our national Government must rest.”

The Judge made the assertion this week when he delivered his charge at the opening of the November term of court in in this southeastern County.

Judge Smith stated that research has shown that the weakness of the Liberian Judiciary was one of the main factors that led to Liberia’s 14 years of civil war. By the time the armed conflict ended in 2003, United Nations estimated that some 250,000 lives were lost.

According to the International Crisis Group on Post-war Liberia (ICGPL), weakness in the Judiciary is due to long years of very low remuneration of judicial officers and staff.

“This Nation, Liberia, is likened to a triangular structure and home. The first and left side/line of this triangular structure and home represents the first branch of government, the Legislature; while the second and right side/line is the Executive, the second branch of Government; and the third line, the base, upon which the Legislature and Executive rest represents the Judiciary, the third branch of Government,” Judge Smith said in Fishtown.

Commenting on the government salary harmonization scheme that saw the pay of Judges and Magistrates sliced, he said that in the midst of impediment faced by the Judiciary Branch of government, compensation of Judges and Magistrates are being diminished in violation of the Liberian constitution.

According to Judge Smith, the Legislative and Executive branches of government were created from the Judiciary Branch and as such, “it is that branch upon which our people, natural human beings and juristic beings like business organizations must rest”.

He complained that, “the reduction in the remuneration of judges and magistrate since the passage of the Remuneration Standardization Act (2019) gravely undermines judicial independence – judicial independence as regards the effective administration of justice,” he added.

Judge Smith furthered stated that when the cornerstone/foundation is weak, the whole nation might crumble. The pillar and cornerstone/foundation, the Judiciary, must therefore be strong enough to hold the Legislature, the Executive and all those that rest upon it.

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