PHOTO: Lawyer Findley Karngar
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Cllr. Findley Karngar, the Lawyer representing Liberia’s International Maritime Representative Attorney Isaac Jackson has asserted that the action of the CDC government has imprisoned Jackson in his diplomatic compound in London, thereby denying free movement.
Cllr. Karngar said the government of Liberia has denied the IMO Representative passport and his salary for two years now, thus making life in his deplomatic mission difficult and putting him in state of trauma.
In a telephone interview with www.newspublictrust.com over the weekend, the Liberian human rights Lawyer said that all those who served this position as IMO Representative had served for five years before Atty. Jackson, who is the current IMO head.
Responding to the Supreme Court ruling into the Writ of Prohibition filed by the Petitioner (Isaac Jackson), Cllr Kargar last Friday maintained that the IMO head has been recalled, because of bad governance by President Wea.
He also said the officials of government and their continuous actions to exhibit bad governance with lack of political will had led Atty. Jackson to become victim and recalled.
Atty Jackson filed a writ of prohibition before the Supreme Court of Liberia last year, in order to stop the government from preventing him from getting his passport and salary, but yet still the Supreme Court Nailed him on the cross without regret.
Matter involving Minister, diplomat and President are usually filed before the Supreme Court, which Atty. Jackson did, Cllr. Karngar added.
Liberia IMO Rep. Atty. Isaac Jackson
Cllr. Karngar said though members of the Supreme Court have ruled in their wisdom, he totally disagreed with ruling and threatened to file another action, either before the Supreme Court or other appropriate institutions and looking at numerous actions to be filed.
He noted that the suspension of his client’s license not to practice law for the period of one year is a violation of his right, because he does nothing whether directly or indirectly.
For two years now, the IMO boss Isaac Jackson is only static at his diplomatic compound, with no movement for him anywhere and neither has he has anything to identify him as diplomat or Liberian national.
The lawyer for Atty. Jackson stressed that the only thing protecting the IMO Representative in the UK is his diplomatic compound where he is static and has no means of movement.
Cllr. Karngar said it is disheartening that his client cannot afford to even walk around and it will be difficult for him to make his way to Liberia because the government has refused to give his passport and salary for two year since he has been recalled.
In it ruling, the Supreme Court said for the effective operation of the government, the Legislature in the exercise of its authority granted by the Constitution, may create an institution or agency of government and make it independent from overacting, executive influence, impact or interference of the President by giving tenure to its member. And the court said the action no way violates the power granted the President of Liberia under Article 56 of the 1986 constitution to appoint officials of government both in the military and civil authorities who hold officials at the will and pleasure of the President.
According to Supreme Court opinion, while the Liberia Maritime Act of 2010 gave tenure position of five years to the commissioner and deputy commissioner of the Liberia Maritime Authority, the position of permanent representatives to the International Maritime Organization (IMO) is not a deputy commissioner, the occupant of that position holds the status of a diplomat who may be recalled and or removed by the President of Liberia at his will.
Therefore, the Petitioner (Isaac Jackson) who was appointed permanent representative to the IMO is not entitled to tenure.
The Liberian high court further added that the extraordinary writ of prohibition filed by the petitioner Isaac Jackson will not lie where the act complained of is within the authority of the doer and no wrong rule was applied in the performance there of.
That the unprovoked verbal assault and insult by Atty. Isaac Jackson (the petitioner) in this case directed at the Chief Justice of the Supreme Court Francis S. Korkpor is highly contemptuous and reprehensible the opinion said.
His letter of apology quietly written to the Chief Justice did not go far in making amends for such unwarranted act for this egregious act, Atty. Jackson is hereby suspended from the Practice of law in the republic of Liberia for the period of one calendar year commencing from the date of the judgement.
Atty. Jackson is ordered by the Supreme Court to write and publish a letter of apology to the Chief Justice of the Supreme Court and the entire Judiciary and have same publish three times in succession in two local dailies and one of which shall be the Front Page Africa newspaper.
The Supreme Court further said failure on the part of Atty. Jackson to do as directed herein after a period of three months, the suspension imposed on him shall be automatically turned into permanent disbarment from the practice of law in the Republic of Liberia.
Wherefore, in view of the foregoing, the alternative writ of prohibition issued by the Justice in Chambers is hereby quashed and the peremptory writ prayed for is denied.