PHOTO: Civil Law Court ‘A’ Judge Peabody
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Despite currently being hospitalized in Ghana for COVID-19, the Six Judicial Civil Law Court ‘A’ on Thursday, August 13, 2020 issued a Writ of Summons on Liberia’s Vice President Jewel Howard Taylor, amid the leadership rift in the former ruling NPP.
The writ came after a petition for Declaratory Judgement filed by the National Patriotic Party’s National Executive Committee by and through its Chairman, James P. Biney and all other executive committee members.
Court officers are said to have taken the writ to the Capitol Building office of the VP, though she is presently not in the country.
Count two of the nine counts petition filed, says that NPP is a political Party duly organized and existing under the laws of Liberia with duly elected officials.
Petitioner further says that the National Chairman, the National Secretary General and other officials of the Party are responsible for administering and managing the day to day activities of the Party, including the convening of all National executive committee meetings and National Convention.
It further requested the Court to take Judicial notice of Article 5, section 5.1 of the 2004 constitution which provides among other things that the National Chairman shall preside over all meetings of the Party, including the NEC, the Biennial convention and the National Convention and in the absence of the Chairman, the vice chairperson can presides.
The petitioner further stated that as to the above section 5.6(I) of the party constitution says, the secretary General of the Party shall be responsible for all communications emanating from the party. This include circulars for partisans for all meetings and received all reports of the NPP.
Count five of the petition says that pursuant to the provision stated above, the secretary General issued a citation and letter for the holding of the National Executive Committee meeting to be held on June 12,2020, at the Corina Hotel. That notice appertaining to the meeting was properly served on the respondent on May 26,2020 and again on June 10,2020.
Petitioner complain that the respondent without any regards to the party’s constitution and provision mentioned Supra, elected to convene and preside over another meeting on June 12,2020, at the Party headquarters in Congo Town. They said this was in contravention of and direct challenge which was over overshadowing the powers of the National Chairman and the Secretary General which action of the respondent is ultra vires and illegal.
According to the petitioner, the respondent Vice Jewel Howard Taylor without right under their party constitution, came out with resolution in that meeting which included the setting up of constitutional Committee, date for county’s primary and County headship convention, as well as Committee to review and harmonize various version of the 2016 constitution using the 2004 constitution.
The petitioner therefore prayed the Civil Law Court ‘A’ to grant and render a Declaratory judgement to the effect
That co- respondent (Standard Bearer) an ex-officio member to NPP national executive committee has no authority to convene meeting and or issue formal communication in the name of the party; accordingly, respondent called meeting on June 12,2020, was illegal ab initio and that all subsequent actions arising there from pursuant to and as consequence of said illegal meeting are equally illegal, null and avoid, ab initio.
That is to say, all actions taken by the respondent having no business over the affairs and functions of the executive committee and without reference to the said National executive committee members were all illegal and all their said decisions and actions taken are all illegal and unconstitutional and hence reversible and unenforceable.
Accordingly, respondent herein are all jointly and severally, barred, prevented, prohibited and restrained from attempting to usurp, interfere with obstruct, impede and assume any of the functions and operation of the national executive committee and said respondent are forbidden from interfering with obstructing the ordinary functions of the national executive committee, the petition added.