Says This Practice Undermines The Country’s Democracy
PHOTO: Circuit Court Judge George Smith
FISHTOWN, RIVER GEE, Liberia- Judge George Smith of the 15th Judicial Circuit Court here in this southeastern city has criticized attempts in some quarters to undermine the independence of the Judiciary.
Judge Smith noted that courts play a unique role in the country’s democracy — a role that requires them to be independent of the two political branches of government and to make politically unpopular decisions on occasion.
But he observed that in recent years, this critical role has come under threat.
Judge Smith said that the Executive and Legislature are the branches of government are the ones that make budgetary appropriation for the Judiciary and their failure to allocate adequate budgetary support to the Judiciary was undermining the smooth functioning of this branch of government.
“It is indisputably evident, then, that the Legislature and the Executive are the cause of “the long years of very low remuneration and generally poor working conditions of judicial officers and staff,” Judge Smith told his audience at the opening of the August Term of Court, on Monday, August 12,2024 during a formal opening ceremony.
Blaming the two other branches of government, the 15th Judicial Circuit Court Judge claimed that the cause of judicial corruption and the discouragement of many talented professionals to accept the judgeship are primarily attributable to the Legislature and the Executive.
“Low remuneration and poor working conditions of judicial officers and staff undermine judicial independent-impartial administration of justice and the rule of law, the 3rd pillar of our new Government’s ARREST Agenda: Agriculture, Roads, Rule of Law, Education, Sanitation and Tourism agendas,” Judge maintained.
According to him, Liberia has continued to lag far behind regarding adherence to the rule of law, particularly as it relates to judicial independence as guaranteed under Article 72(a) of our Constitution, supplemented by Section 13.4(2) of the Judiciary Law and the Judiciary Financial Autonomy Act (2006). Delivering his judge’s Charge on the topic: Government’s ARREST Agenda: With Particular Emphasis on the Rule of Law Agenda – A Perspective of the Court. l, Smith, however maintained, the work of judges, including magistrates, universally, is all about and rests primarily upon judicial independence.”
Judge Smith added: “Judicial independence are those things that enable judges to decide cases impartially devoid of undue external influence from sources like the legislative and the executive branches of government, and/or internal improper interference from sources like colleague and/or superior judges.”
Judicial independence, he said, is an antecedent and prerequisite of judicial impartiality in the administration of justice. “Judicial Independent-impartial administration of justice is fundamental and indispensable to the rule of law, the 3rd pillar of Government’s lofty ARREST Agenda.”
Judge Smith noted that “each of these 6 pillars is indispensable and a desideratum of national economic development and prosperity”.
But he said among all of them, the Rule of law agenda is fundamental and a prerequisite of, and opens the gateway to the others; for, and that the rule of law is the foundation cornerstone of a peaceful and orderly society for the ease of doing business in any nation.
According to Judge Smith, the ease of doing business in a country ensures business investment; and business investment ultimately yields national economic development and prosperity, pointing out that deficiency in adherence to the rule of law can lead to anarchy.
“How can our Government carry out its Agriculture, Roads, Education, Sanitation and Tourism agendas in a state of anarchy and lawlessness – in the absence of adherence to the Rule of Law agenda? The Liberian 14-year war answers this question,” Judge Smith emphasized.