But Controversial LACC Boss Lawyers Press On With The Matter
PHOTO: Nwabudike leaving the Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- At a conference hearing at the Supreme Court, the Liberian National Bar Association has said, the high Court of Liberia does not has Jurisdiction over the expulsion of controversial LACC boss, Cllr. Ndubusi Nwabudike from the LNBA, because it involves a private institution.
Nwabudike, whose nomination as NEC Chairman was withdrawn by President Weah after Senators accused him of lying about his Liberian naturalization, was expelled by the Liberian National Bar Association in June this year.
LNBA investigation showed that the Nigerian-born Nwabudike acquired fraudulent citizenship. He later he filed a Writ of Prohibition to the Supreme Court of Liberia.
A Writ of Prohibition is a writ directing a subordinate to stop doing something the law prohibits.
A Team of lawyers appearing for the LNBA before the Justice in Chambers Jamesetta Wolokolie on Thursday, July 23, 2020 included the Bar President Cllr. Tiawon Gongloe; formers Chiefs Justice of Gloria Musu Scott and Francis Johnson Morris; former Associate Justice Wilkins A. Wrights; Cllr. Milton Taylor, among others.
Cllr. Gongole said during the conference hearing on the prohibition that the law is clear on purely practice, while Cllr. Wrights argued that the Supreme Court does have jurisdiction over the prohibition filed by LACC boss, Nwabudike.
The reason former Justice Wright gave is that LNBA is a private entity and asked court to quash the writ of prohibition, because it was filed to the wrong place.
He therefore said the Court has nothing to do with said writ.
Cllr. Wright told the Associate Justice in Chamber, Jamesetta Wolokolie not to even waste her time by opening the case folder, but rather she should close or throw it through the window.
The former Liberian Associate Justice also asked Justice Wolokolie to decline and not to go into the merit of the case, because the Court does have jurisdiction over said matter.
Another member of the LNBA legal team and former Chief Justice of the Supreme Court, Cllr. Gloria Musu Scott said it the lower court, particularly Civil law court which has jurisdiction over matter and not the Supreme Court.
The former Chief Justice of the Supreme maintained that Cllr. Nwabudike was invited to appear before by the LNBA but he refused, because all the requirements to be member of their institution was not met by the current LACC boss.
“You must be a Liberian citizen before practicing law in Liberia something Nwabudike didn’t meet,” the former Chief Justice said.
Cllr. Scott argued that every institutions has rules, regulations and constitution therefore they have the right to investigate their members, if they are found any situation that might bring the institution to public disrepute and not the Supreme Court.
She asserted that the LNBA decides who become a member of their institution, so the expulsion of Cllr. Nwabudike by the LNBA was never wrong as being claimed by lawyer representing Cllr. Nwabudike.
On the other hand, lawyers representing Cllr. Nwabudike, Cllr. Johnny Momo and Cllr. Alexander Zoe argued that the expulsion of their client doesn’t has any legal backing.
Cllr. Momo’s argument before the Justice in Chambers was that “the first requirement before practicing law in Liberia is that you must be a Liberian citizen and Cllr. Nwabudike attended the law school and graduated from the University of Liberia and was even admitted into the LNBA and thereafter to the Supreme Court Bar.”
Nwabudike, Cllr. Momo added that the Supreme Court has board of examiners to examine any candidate, whether they meet the requirements, before being admitted into the high court Bar.
This, he said Cllr. Nwabudike met.
Cllr. Momo raised two questions: whether or not the LNBA Committee can set a committee to investigate its member? And whether or not the LNBA can investigate a citizenship or nationality of its member?
But he answered and said, NO because the LNBA doesn’t has subject matter over that.
The Lawyer defending the LACC boss further said the citizenship or nationality investigation of an individual lies within the purview of the Liberia Immigration Service, Ministry of Justice and other relevant institutions, not the LNBA.
Cllr. Momo indicated that the tribunal which has Jurisdiction over citizenship “should be the one to investigate and more besides, the LNBA doesn’t investigation citizenship.”
Another Lawyer defending the LACC boss, Cllr. Alexander Zoe rejected rejected the expulsion done by the LNBA, something he said doesn’t have statutory backing.
And more besides the LNBA doesn’t even has office to investigate citizenship or nationality of its members.
Cllr. Zoe revealed that the LNBA shot itself into the leg because his client was admitted into very Supreme Court Bar and how did he get there if he is not a citizen of Liberia.
Cllr. Zoe further argued that the action of the LNBA also undermines the Supreme Court Bar and every lawyers practicing law in Liberia must firstly pay their Bar due, something Nwabudike has always done.
Earlier when Nwabudike was rejected by the Liberian Senate and subsequently his appointment was withdrew by President Weah, he filed a petition of Declaratory Judgement before the Civil law court. But he later withdrew his petition and filed a writ of prohibition before the Supreme Court.