So the controversial impeachment trial of Supreme Court of Liberia Associate Justice Kabineh Ja’neh, which started on February 28, 2019 at the Senate, has finally ended with the Jury comprising Senators voting him down guilty 14-12 on four counts.
The lower House of Representatives on August 28, 2019 indicted Justice Ja’neh on impeachment grounds.
“Guilty”, according to the Summary of the Senate’s current membership of 29 following the death of former Senator Geraldine Doe-Sheriff means at least two-thirds voted to convict Justice Ja’neh.
Among other counts the embattled Associate Justice was found guilty of was
“abuse of discretion, granting a Writ of Prohibition” in the Road Fund Case, which the prosecution claimed denied the government of collecting levy/taxes in the total sum of US$27 million, something that was vehemently denied by Justice Ja’neh when he took the witness stand earlier.
According to the Senate’s action to impeach and remove Justice Ja’neh from the Supreme Court Bench is based on Article 71 of the 1986 Constitution, which says:
“The Chief Justice and Associates Justices of the Supreme Court and the judges of subordinate courts of record shall hold office during good behavior. They may be removed upon impeachment and conviction by the Legislature based on proved misconduct, gross breach of duty, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes.”
However, the Expert Witness in the impeachment trial, retired Associate Justice Cllr. Philip A.Z. Banks had earlier said the Ja’neh impeachment trial was unconstitutional. He said the proceeding took place in flagrant violation of Article 43 of the Liberian Constitution which mandate both the House and Senate to draw up the rules for impeachment in line with due process of law.