PHOTO: L-R, Cllr. Nwabudike and LNBA President Cllr. Gongloe
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- After being encountered by Cllr. Nwabudike’s legal Counsel Johnny Momo, the Amici Curie (Friends of the Court) representing the Liberia National Bar Association (LNBA)
has completely changed their tongue on the citizenship of the former LACC boss at a hearing at the Supreme Court on Wednesday.
The Amici Curie, who were appointed by the Chief Justice Francis S. Korkpor sometime ago, have rather argued about the process of how Austin Ndubusi Nwabudike, whose nomination as NEC Chairman was rejected by the Liberian Senate, acquired his Liberian citizenship.
Every brief and letter sent to the Supreme Court was bordered on the citizenship of Cllr. Nwabudike but LNBA has twisted it’s now that it has recognized its mistake, it said they were concerned about the process of how he acquired those documents he presented at the Liberian Senate.
During the argument on June 23, 2021, one of the Amici Curie Cllr. Bonda Elliott said that the LNBA investigation against Cllr. Nwabudike was as the result of his presentation of his citizenship at the Liberian Senate during his confirmation hearing.
At the Liberian Senate, Cllr. Nwabudike presented different dates in his birthday, Passport, Married certificate and National Identification Card.
On the other hand, Justices of the Supreme Court questioned some of the Amici Curie whether the LNBA acted within its subject jurisdiction by depriving Cllr. Nwabudike from his right?
But the Amici Curie Cllr. Elliott answered and said the LNBA has law and has the authority to investigate any of its members who is alleged of fraudulent act and Supreme Court is there to regulate lawyers conduct as well.
The tough talking female lawyer further informed the court that she differed with the defense lawyers of Cllr. Nwabudike on ground that the hearing is not about revoking his citizenship but to remove him from the practice of law.
During the heated argument, Chief Justice Francis S. Korkpor questioned the female that the LNBA went one step further by expelling Cllr. Nwabudike and added that, what the LNBA should have done was to send the investigation findings to them and it is the position of the Supreme Court to stop a lawyer from practicing law and not the LNBA.
She also argued that even though the Supreme Court can’t take evidence but they should rely on the grievance and ethic commission report and those documents he presented at the Liberian Senate with different dates of birth and time he acquired his citizenship especially when he was 18yrs and under our Alien and National law, 17 years old can’t acquire citizenship.
Cllr. Elliott said she believes that the Supreme Court can disbar Cllr. Nwabudike based on his documents presented and questioned if Nwabudike says that he loss all his documents during the civil war, how then did he get those documents?
Finally, she argued at the Supreme Court that the LNBA is saying that Nwabudike is not their member but they are not telling him that he is not lawyer, because the Supreme Court who has the authority to disbar or revoke a license of a lawyer.
Another Amici Curie, Cllr. Jonathan Massaquio also raised three issues identified by him. Whether or not LNBA can investigate its own member and under what condition? He answered in the affirmative (yes).
Under what condition can the Supreme Court disbar and who can practice law I’m Liberia?
In answering those issues raised, he LNBA is a corporation but he was being cut off by Justice Joseph N. Nagbe to take Judicial notice that most public facilities were looted during the war.
Associate Justice Nagbe further questioned the Amici Curie who was on the stand whether the LNBA has Jurisdiction to investigate citizenship but he answered and said the LNBA doesn’t have jurisdiction to investigate citizenship matter but rather it squarely rely on the Attorney General of the Republic of Liberia.
The LNBA Amici Curie said their contention is that Cllr. Nwabudike lied under oath but not about his citizenship.
Another Amici Curie in person Cllr. Benedict Sanoh who has a desenting view on the matter said the Supreme Court doesn’t have subject matter Jurisdiction on citizenship and the LNBA doesn’t have jurisdiction to investigate citizenship but it is the Attorney General of the Republic of Liberia particularly the Minister of Justice.
Cllr. Sanoh raised three issues into the matter. Issue one talks about his multiples birth dates, fraudulent citizenship and whether the LNBA has right to investigate citizenship.
The second issues raised whether there was any thorough investigation made? But he answered in the negative and throughout the Investigation, the LNBA evidence were based on the documents presented at the Liberian Senate.
The former Liberia Justice Minister said Cllr. Nwabudike expulsion without thorough investigation by the LNBA was inviolation of his right.
He argued that the LNBA should have presented their findings to the Ministry of Justice which has the authority to investigate citizenship matter.
Narrating further, Cllr. Sanoh rule 28&29 of the rule of court were violated against Cllr. Nwabudike adding that both the LNBA and grievance and ethic didn’t do thorough investigation something that can’t be used as a basis of expelling or disbarment Cllr. Nwabudike.