PHOTO: Patrick Honnah of PUNCH FM/TV at the Temple of Justice
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Liberia’s Solicitor General, Cllr. Seyranius Cephas has been giving reasons while the PUNCH FM belonging to a vocal critic of government, Patrick Honnah, has so far been denied license by the Liberian government, in an appeal case before the Supreme Court of Liberia.
He told the Supreme Court Bench on Thursday April 7,2022 that, after the government’s purported pronouncement of reviewing radio and television stations frequencies, the results or reports was placed at the door of the Ministry of Information, Cultural Affairs and Tourism (MICAT) for those who concerned to make follow up, instead of putting it on the local radio stations and local dailies newspaper.
Cllr. Cephus raised two cardinal issues which include the principle of procedure and declaration of right is not a possession.
The Liberia’s Solicitor General Cephus relied on Title 12 page 8&48 of the Civil procedure law of Liberia.
Cllr Cephus argued that the appellee (complainant/plaintiff) filed with the Information Ministry for a permit and before a permit is given to someone who to operate a radio station, that individual must be a legitimate person, saying that Mr. Patrick Honnah, who is Chief Executive Officer of PUNCH Fm, wasn’t legitimate to be qualify for the permit then.
Mr. Honnah used to be Deputy Director General of the Liberia Broadcasting System (LBS) during the former Unity Party government.
SG Cephus surprisingly said that Mr. Honnah didn’t meet the requirements to operate his commercial radio and television stations on grounds that when he was filing his form at the Liberia telecommunications Authority and MICAT, series of questions were asked on the form, which he claimed Mr. Honnah failed to answer in order to meet the requirements.
He further argued that Mr. Honnah didn’t have article of incorporation, but all those required to operate a radio station are all in the possession of Mr. Honnah and his lawyer Cllr. Jimmy Saah Bombo.
According to Cllr. Cephus, Mr. Honnah bypassed the process when the government made the pronouncement of reviewing radio and television stations frequencies, calling on MICAT and LTA to refund Mr. Honnah US$2900 paid to LTA for license and US$500 paid to MICAT for permit.
During the appeal hearing at the Supreme Court, the Solicitor General was bombarded with several questions coming from the Chief Justice and Associate justices, as to their reason why they are stopping on Mr. Honnah radio station from operating. SG Cephas was asked: whether they revealed the revision process of radio and television stations frequencies report made available after their revision process?
Justice Yusuf Kaba asked Cllr. Cephus What procedure or process was back passed by Mr. Honnah for which he was denied from operating his radio and television stations?
Associate Justice Kaba further asked the SG: where will Mr. Honnah go now, to the information Ministry and LTA to correct those errors or process you claimed he bypassed, will he be allowed to operate his stations?
Cllr. Cephus in response said yes.
Is the revision process still ongoing? Justice Kaba again asked the SG, but Cllr. Cephus replied by saying no, it has been completed long time.
Both the Chief Justice and Associate Justices said Mr. Honnah’s legal counsel filed the wrong action (declaratory judgement) at the Sixth Judicial Civil Law court; but rather he has filed a writ of mandamus straight at the Supreme Court to compel to the agencies responsible to do the necessary things for Mr. Honnah.
At one point during Cllr. Cephus’ argument, he began to fumble.
At the end of the SG’s argument, Chief Justice Korkpor said opposition voices are necessary for diverse views.
Cllr. Cephus therefore prayed the Court to reverse the ruling of the lower court on grounds that the appellee filed the wrong action.
PUNCH FM Lawyer’s argument
Cllr. Jimmy Saah Bombo, legal counsel representing Punch Fm/TV later counter argued.
Cllr. Bombo raised three issues for the basis of his argument.
First was whether or not the 1986 constitution of Liberia section 15(b) provides for Freedom of the Press?
Whether or not the arbitrary denial of Appellee(complainant/plaintiff) to operate as commercial radio and television stations after obtaining the required documents and subsequent payments of fees into appellant (government/defendant ) account is breached of appellee constitution right to press freedom?
Whether or not the continued suspension of appellee without a review process hearing is a denial of the appellee right to due process?
As to the first issue whether or not the 1986 constitution of Liberia section 15(b) provides for press freedom? The law cited is cleared in its meaning and spirit that the constitution provides for press freedom.
The constitution says in Article 15(a) every person shall have the right to freedom of expression being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoyed by government sale during an emergency declared in accordance with this constitution.
The plaintiff or appellee legal counsel argued before the Supreme Court Bench that the same constitution in Article 15(b) says “the right encompasses the right to hold opinions without interference and the right to knowledge which includes freedom of speech and of the press, academic freedom to receive and impart knowledge and the right to Libraries to make such knowledge available and also includes non interference with the use of mail, telephone and Telegraph.
It likewise includes right to remain silent. This right of press freedom is a constitution right provided for by the organic law of this republic and the same prohibits the government from cutting of the right to press freedom from controlling or constraining press freedom or placing press freedom under government command.
As to the second issue, whether or not the arbitrary denial of appellee to operate as commercial radio and television stations after obtaining the required documents and subsequent payments of fees into appellant/defendant account is breached of appellee constitution right to press freedom?
Cllr. Bombo referred to the 1986 constitution of Liberia Article 15(a&b) mentioned above, which he said contained the facts in this case, revealing that the appellee was given the necessary documents and subsequent made payment of required fees imposed by the government (appellant/defendant) to operate a commercial radio and television stations.
According to Cllr. Bombo, the facts also show that appellant issued a press release suspending appellee activity pending a reviewing process, after which the appellee made several attempts through phone calls to the appellant to have audience to this issue of reviewing done to enable appellee carry on its operation.
After more than a year, the defense lawyer said the appellant still didn’t carry on the reviewing process for which appellee operation was suspended for Punch Fm legal counsel told Supreme Court Justices.
The appellee through his legal counsel wrote the appellant a communication for audience to address this identical issue of reviewing as per appellant press release but appellant didn’t honor the communication, Cllr. Bombo told the Supreme Court.
Cllr. Bombo said that after all efforts made by appellee to address the issue as it relates to appellee press freedom and the failure of appellant to honor this communication, the issue of appellee suspension is no longer a matter of reviewing the process but rather, a desire by the appellant to arbitrarily deny the appellee its rights to press freedom.
This act of the appellant, according to Cllr. Bombo, violates Article 15 of the 1986 constitution of Liberia.
As to the third issue, whether or suspension of appellee operation without a hearing process is a denial of the appellee right to due process?
Due process is a fundamental principle of the organic law of this republic.
The 1986 constitution of Liberia, Article 20(a) says no person except as the outcome of hearing judgement consistent with the provisions laid down in this constitution and in accordance with due process of law.
Justice shall be done without sale, denial or delay and in all cases not arising in courts, not of record under courts martial and upon impeachment, the parties shall have the right to trial by jury. further the declaration of Table Mountain forum held in South Africa from June 3-6,2007 of which Liberia is signatory and same had been domesticated into our laws call on African governments as a matter of urgency to review and abolish all other laws that restricts press freedom.
Wherefore and in view of the foregoing facts and circumstances, appellee prayed your Honors and this Honorable Court to sustain the ruling/ judgement of the Court below and have appellant appeal deny. Further, appellee prayed your Honors to grant unto appellee all that seems just, legal and equitable.