PHOTO: Cllr. Sylvester Rennie, Bar President
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The President of the Liberian National Bar Association (LNBA), Cllr. Sylvester Rennie has decried the continuous none-enforcement of court judgements in the country, ranging from Circuit Courts to the Supreme Court.
Cllr. Rennie expressed this concern at the opening of the Sixth Judicial Civil Law Court here on Monday, March 21, 2022.
The LNBA President, who was responding to Judge Kennedy Peabody’s charge, said that courts in Liberia usually render decisions in favor or against, but the enforcement of their decisions or judgements remains a major challenge for the Judiciary and court officials.
According to him, Judge Peabody’s charge was to remind the LNBA in discharging its duty or role.
Cllr. Rennie added that the none-enforcement of court judgements has always drawn his attention during opening of courts and there is no remedy to end such nightmare.
The head of the LNBA has promised to work with relevant authorities, including the other branches of government to ensure that judgements are enforced.
He disclosed that there is a need for stakeholders to meet at the Supreme Court to explain to them on how the legal system can proceed in order to dispel some of the rumors in the public concerning at the Judiciary branch of government.
“If a judgement was made in favor of someone and if said judgements are not enforced, the Judiciary can take the blame and the LNBA must ensure that of its activities should be straightly on the rule of law Cllr. Indicated,” Cllr. Rennie stressed.
Before the new Bar president took his oath of office recently, Cllr. Rennie assured that he would collaborate with all stakeholders and promised to approach issues through various medium.
And he said that the LNBA was willing to work with the court at all times but the judiciary should seizure of the none enforcement of court judgements, as well as working with inmates through their legal aid clinic program to release inmates held for minor crimes.
SG Cllr. Cephus blames Lawyers for lack of enforcement of judgements
For his part, Liberia’s Solicitor General Saymah Syrenius Cephus blamed the none enforcement of court judgements on some of lawyers, who when the case goes against them, they go to the press and give a bad picture of the courts’ judgements. After the publication of media reports, he claims that this creates public tension against the court, thereby making it difficult to enforce the court judgements.
Cllr. Cephus added that the problem of none enforcement of court judgements is not with court but the perception in the public, because judgements are concluded in the public before even the court hand down judgements.
He said that the press is often used to carry misinformation to damage people characters adding that coordination is not only with the court or branches of government but is should be among lawyers.
SG Cephus called on the LNBA to make none enforcement of courts judgement as one of their resolutions during major assemblies of the Bar.
Justice Yuoh says “the law is the law,” not reasoning
Meanwhile, the Associate Justice Sie-A- Nyene G. Yuoh said she has always advocated in her personal convictions to dismiss the saying that law is reasoning, but she said “the law is law and law is based on evidence”.
The Supreme Court Justice revealed that reasoning can be done at different locations based on what you are involved with.
According to her, the financial set back of the judiciary, the Supreme Court continues to embark on those projects they have initiated and there are high degree of coordination and collaboration between the three branches of government.
As to the LNBA claims of none enforcement of court judgements, Justice Yuoh told the LNBA president that they will look into it what bringing the problem about the none enforcement of court judgements.
She therefore, appealed to stakeholders to come together and see where the problems lies when it comes to none enforcement of court judgements and also interested to know the problem or hindrance on these judgements that can’t be enforced.
Justice Yuoh maintained that the Supreme Court is aware of the present day court procedure doesn’t confront with today’s reality which many cases have been delayed.
“We will look into it to see some of those procedures that is negatively affecting the delay of court proceedings” she added.
She informed the gathering that section 13.5 which deals with bond has been abused by magistrates upon which most of the Magistrates complaints are before the Judicial Inquiry Commission.
Speaking further, Justice Yuoh called on Magistrates to operates within the orbit of the law and called on prospective jurors to listen attentively and decide cases based on fact presented or application of the law but not base on sentiments or bribery.
As to salaries of judges, which were cut during the salary harmonization process last year, the government has agreed to put back every cent that was cut.
However, told them that the right of the party litigants’ rights are on the shoulders of the jurors.
Meanwhile, Civil Law Court Judge Kennedy Peabody has called on the coordination, participation and collaboration of stakeholders in dispensing justice.
He delivered his charge on behalf of both Civil Law court A&B on the theme; ”The need for stakeholders’ participation and coordination for efficient and effective delivery of Justice, the Bar as an Arm of Court”.
Judge Peabody added that stakeholders’ participation and coordination in the administration of Justice is very important in terms of justice delivery. We need to engage in frequent and fruitful interactions that will result in positive and visible changes in the Judiciary which are of utmost importance.
The Civil Law Court Judge told members of the Bar that ‘the Judiciary is their pepper bush, Judiciary is their cocoa farm and therefore, if the road to the farm is not clear, they will not have access to the farm adding that the role they play will determine how their farm yields.’