As SG, Cllr. Cephas Takes The Bar Association To Task
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Civil Law Court Judge, J. Kennedy Peabody says access to Justice in Liberia is a challenge that have created by the silence and inaction of actors of the Justice System.
Judge Peabody made the disclosure during the opening of the September term A.D opening of the Civil law courts recently (September 21, 2020).
Delivering his charge on behalf of Civil Law courts ‘A’ and ‘B’ at the Temple of Justice, Judge Peabody said they are aware that there are many challenges in finding solutions to access to Justice. but the Bench and Bar have not been able to adequately address the issue and make implementation.
He delivered his charge on Thursday under the theme, Access to Justice and the Role of the Liberian National Bar Association in Enhancing Justice to all in Liberia.
Judge Peabody noted that a sustainable democracy begins with the rule of law and with access to Justice and restore peace with the rule of law, people are unable to have their voice heard and exercise their rights.
He told the Chief Justice and President of the LNBA and its members that with the establishment of a regional appellate court in some of the counties, this will alleviate the burden of long distances covered to have access to Justice. This, he said will fast track cases and relieve the Supreme Court of a huge burden.
It is only in Liberia and the south regions that has two steps to an appellate review–The Circuit Court and the Supreme Court and this has overburdened the Supreme Court over the years.
Judge Peabody has therefore charged lawyers and judges to take the lead, so that our people will have access to Justice and he called on them to respond to injustice.
According to him, Liberia’s appellate process is unique, but it needs to be decentralized so that people will have access to Justice. One of those reasons people are losing faith in the Judiciary and Justice system as a whole, the Liberian Circuit Court Judge said.
The Civil law court ‘A’ has maintained that the situation with access to Justice doesn’t lie with the Judiciary or the interpretation of the law, but rather the laws and how the system is structured.
Judge Peabody further noted said it safe to say that the main barriers to access to Justice are the length of the procedure, the lack of political will to take the lead to a certain extent costs.
On appeal, however, the procedure is slow, unpredictable and appeal is expensive for the poor and the distances covered by party litigants for judicial review. The distances and procedural aspects on access to Justice is not always easy.
For example, for party litigants to travel from River Gee County on appeal for judicial review taking into consideration the road condition, they cannot leave southeastern Liberia to Montserrado County for judicial review. Judge Peabody said underscored the setbacks, especially during the rainy, given the pain and the suffering many have experienced directly or indirectly as a result of seeking access to justice.
SG says National Bar only points out problem
In response to Judge Peabody’s charge, Liberia’s Solicitor General Syrenius Cephas said from the last 50 years, there has been no effective change of the laws something that is seriously embarrassing them.
He also said if the need for access to justice should be obtained, the system must be validated.
Cllr. Cephas said also said even some of those laws are amended, it doesn’t still solve some of those compelling, as many times people think that conviction is Justice. But he also said not when people are acquitted, it is also Justice.
The Solicitor General called on lawyers to stop denigrating the court whenever they win or lose cases.
Cllr. Cephas also accused the LNBA of identifying problems but failing to implement actions, promising to work with what Judge said in his charge.
For his part, the Vice President of the LNBA Sylvester Reeves asserted that many none lawyers are all over the courts soliciting money from people in the name of providing legal services for clients, something he said is damaging their profession.
Cllr. Rennie promised the Judge that the recommendations made will be taken into consideration by the Executive Council of the LNBA.
Meanwhile, the Montserrado County Bar President, Cllr. Sam Y. Cooper has called on all court actors do their job professionally void of bribery and politics.