FLASHBACK: Justice Korkpor at the head of the line of Associate Justices of the Supreme Court of Liberia when he was at the helm of the Supreme Court
By Garmah Never Lomo, garmahlomo@gmail.com
With the announcement of the retirement of Liberia’s fourth powerful man, the Chief Justice of Liberia from the Supreme Court Bench, several lawyers have critiqued and voiced out their disappointments in the retired Justice.
The Judiciary Branch of Government recently announced the retirement of Chief Justice Francis S. Korkpor, Sr. from service as Chief Justice of the Supreme Court of Liberia, and head of the Judiciary Branch of Government at the close of the March A.D. 2022 Term of the Honorable Supreme Court.
Retired Chief Justice Francis Korkpor
Article 72 (b) of the Liberian Constitution provides: “The Chief Justice and the Associate Justices of the Supreme Court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a Justice or judge who has attained that age may continue in office for as long as may be necessary to enable him to render judgment or perform any other judicial duty in regard to proceedings entertained by him before he attained that age.”
But following the announcement of Chief Justice Korkpor retirement, a renowned lawyer who prefers anonymity has pointed out some of the missteps and administrative malpractices exhibited by retired Chief Justice Francis S. Korkpor during his time at the Temple of Justice.
The lawyer disclosed that since the ascendency of Justice Francis Korkpor as Chief Justice of the Supreme Court of Liberia in 2015, he has had lots of shortcoming including his involvement in tribalizing the judiciary by recommending only his kinsmen to be appointed as judges.
The lawyer further disclosed that about 60% of key judicial functionaries are occupied by his kinsmen from Nimba County. According to some lawyers, under retired Chief Justice Korkpor’s watch nine Circuit Court Judges were appointed out of Sixth Circuit Court Judges.
“When it comes to majority groupings, amount the Circuit Court Judges, there has been no Muslim appointed as judge because he doesn’t want to see them,” another lawyer pointed out.
They added that during his service at the Temple of Justice the retired Chief Justice recommended for appointment nine Judges during his tenure which include three Relieving Judges including, Serena F. Garlawulo, Scheaplor Dunbar (Relieving judge), Yamie Quiqui Gbeisay (Relieving judge), Roland F. Dahn, Emery S. Paye, John E. Nenwon, Hector W. Quoigoah and James N. Glayene (Relieving judge but retired now) amongst several others all from Nimba County.
The lawyers further disclosed that no Muslim was recommended for appointment as Circuit Court Judge or Specialized Court Judge by the retired Chief Justice during his administrative.
According to sources at the Temple of Justice, Article 72 (a) of the Liberian Constitution prevents Justices and Judges Salaries being cut, but the Chief Justice watched the salaries of Justices and Judges being cut something that prompted judges to file lawsuit against the Liberian Government.
“This is the first time in Liberia for one group of tribe to dominate the Judiciary, employment statistics at the Temple of Justice is dominated by Nimba County. The retired Chief Justice during his honoring program on August 7, 2022, openly confessed that Nimba County enjoys its lion share of the Judiciary and also added that he is the Justice in chief, fairness in chief and equity in chief,” another source told newsmen.
“It is in his purview to interpret the law; under his watch some Legislators drafted an impeachment Bill against former Associate Kabineh Ja’neh and he Justice Ja’neh filed his prohibition in which the legislature was cited to appear before the Supreme Court Bench but vehemently disrespected the court’s order by not appearing at the Supreme Court siting that no branch of government is above the other,” a reliable source at the Temple of Justice pointed out.
He added that in order to fix the system void of corruption, every judge’s phone should be monitored and CCTV be installed in judges offices to curtail corruption in the Judiciary. Judiciary sources further pointed out that corruption is at the highest peak at the Judiciary. They added that the Judiciary is very corrupt as the higher ups are taking huge salaries while the least workers are taking little salaries home monthly.
Due to the high level of corruption at the Judiciary, an Activist Archie Ponpon was forced to set himself ablaze but later rescued by some judicial workers at the time. Ponpon’s action was as a result of the massive corruption that has engulfed the Temple of Justice under the leadership of Justice Korkpor.
“He made the succinct to the Executive because anything the Executive tells him, he does it,” a source closed to the retired Chief justice disclosed.
The source continued that the Legislators refused to appear before the Supreme Court Bench when they crafted an Impeachment Bill to impeach former Associate Justice Kabineh Ja’neh but the lawmakers vehemently refused to appear before the High Court something many viewed as more than disrespect to the third Branch of the Liberian Government. Despite the refusal of the Lawmakers to appear before him, Justice Korkpor went at the Liberian Senate and presided over the impeachment proceedings against an Associate Justice.
“Retired Chief Justice Korkpor sold the constitutionality authority to the Legislature after they refused to appear before them,” another source pointed out. He furthered, “Imagine Chief Justice Korkpor jumped over Margibi County and went to build a Judicial Complex in Sanniquellie City, Nimba County despite the numerous Magisterial Courts across Nimba County.”
One of the fire-burning lawyers, Cllr. Jonathan Massaquoi recounts Chief Justice Francis S. Korkpor’s achievements saying the the retired Chief Justice has served the Liberian society especially the Judiciary.
In an exclusive interview, Cllr. Massaquoi said the retired Chief Justice served in various capacities of the Judiciary ranging from Associate Justice and now Chief Justice and even practiced before the very court system in Liberia and the level of professionalism he exhibited over the period are some of those things he will be remembered.
“I will remember Chief Justice Korkpor for his professional manner in dealing and manically handled cases of his clients and was very circumspect on the bench as he addressed those issues and he provided remedies for party litigants who appear before the Supreme Court bench.”
Cllr. Massaquoi further added that Chief Justice Korkpor will be remembered for his integrity and his boldness and friendship and rendered decisions which he stood by in ensuring that the rule of law is adhered to.
On the Issue of the Chief Justice appointing his tribal people, Cllr. Massaquoi dispelled the rumors saying that the Chief Justice is not tribalistic as being perceived by many lawyers. He added that the Chief Justice does not have any appointing power but rather appointing power is solely vested in the President.
“But assuming and admitting even if the Chief Justice recommends, it is at the discretion of the Chief Executive who has the authority to appoint Judges, Magistrates, Chief Justice and Associate Associates, so I find it disturbing to understand what some of his colleagues are saying that the Chief Justice is tribalistic because he doesn’t have appointing powers,” Cllr. Massaquoi said.
He went on, “Furthermore, lawyers from Nimba County are members of the Liberian National Bar Association and also members of the Supreme Court Bar therefore, if the President finds it necessary to appoint them it’s up to the President who has the appointing power and not with the Chief Justice because there is no evidence that the Chief Justice appointed his tribal people.
Was the judiciary independence under his tenure?
Cllr. Massaquoi admitted that the system has some challenges but the retired Chief Justice did his job and he excellently discharged his duties to the best of his ability with professionalism and there has been no time where lawyers have complained about the Chief Justice being involved with interfering with cases.
“There is no proof that the judiciary is an extension of the Executive Branch of Government but rather I see said allegation as water on the bridge. If the Executive was interfering, no lawyer could win cases against government and there are records of cases where the government lost,” Cllr. Massaquoi added.
On the Impeachment proceedings, Cllr. Massaquoi defended the Chief Justice that it wasn’t him who crafted the Bill of Impeachment but the House of Representatives and later sent to the Senate for concurrence and it wasn’t the Chief Justice as perceived by many. “It is required by law for the Chief Justice to preside.” He added that the Chief Justice only performed his constitutional duty as required by law. He said the Chief Justice will not see the law and violate it and he cannot dictate to other branches of government.
In many cases, lawyers, judges and Magistrates have been taken to the Judiciary Inquiry Commission for alleged corruption but to say the Judiciary is corrupt, he doesn’t have evidence to proof to the Judiciary being corrupt. “Even the United States Treasury Department said the Judiciary is corrupt but I’m waiting to see the evidence(s) from the US Treasury Department to prove that the judiciary is corrupt.
On the issue of infrastructure development, Cllr. Massaquoi narrated that the Chief Justice did extremely well by constructing courts in Gbapolu, Nimba, Grand Gedeh, Bomi Counties and several Magisterial Courts across the country.
Cllr. Massaquoi graded the retired Chief Justice 90% and said he will missed Chief Justice Korkpor because he (Justice Korkpor) personally encouraged young lawyers by directing and correcting them during cases at the Supreme Court and how he nurtured young lawyers and encourage access to justice.
While announcing his retirement, the judiciary press release emphasized that even though Chief Justice Korkpor shall have attained the retirement age of 70 on Monday, September 5, 2022, he is required to continue in office until the end of the March A. D. 2022 Term of Court to enable him to perform judicial responsibilities before him which he entertained prior to his 70th birthday as provided for by the Constitution of Liberia. Chief Justice Korkpor is expected to hand down opinions of the Supreme Court at the close of this term of Court.
The Judiciary also expresses heartfelt appreciation to Chief Justice Francis S. Korkpor, Sr. for his dedication, commitment and immeasurable service to the Judiciary Branch of Government in particular, and the Republic of Liberia in general during his tenure on the Supreme Court Bench as Associate Justice and Chief Justice respectively.
During his administration, the office of the Public Defense was created.
Also during his administration, the Omega magisterial court was constructed; the Seventh Judicial Circuit Court in Grand Gedeh was also constructed as well as the Eighth Judicial Circuit Court in Nimba County. Other courts constructed during Justice Korkpor’s tenure included the Botota magisterial court as well as the Eleventh and Fourteenth Judicial Circuit courts of Bomi and Rivercess Counties.