PHOTO: Cllr. Nwabudike, former LACC Chairman
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICEE, Monrovia-The Supreme Court of Liberia is today, Wednesday, June 23, 2021 expected to hear the case of controversial former LACC boss and NEC rejected Nominee, Austin Ndubusi Nwabudike, who challenges his expulsion from the membership of the Liberian National Bar Association (LNBA).
The highest court in the country is also expected to hear the case involving the Chief Commercial Court Judge, Eva Mappy Morgan, after JIC found her guilty for ethical transgression involving the Monrovia Oil Trading Company (MOTC) and Mr. Amos Brosius of the Majority Shareholder of Ducor Petroleum this Wednesday at 10 am, in which she took an appeal to the full bench of the Supreme Court.
Judge Morgan
Both cases were assigned for hearing on May 26, 2021, but one of the Amici Curie(Friends of the Court) Cllr. Benedict Sanoh who were appointed by Chief Justice at the call of the case at the the Supreme Court, one the Amici Curie(friend of the court) requested court in a written letter for continuance into the matter on ground that he received the court records late Tuesday evening May 25,2021 specifically 5pm which couldn’t allow him to adequately prepare for the hearing.
Cllr. Sannoh also informed the high court on May 25, 2021, that given the gravity of the case involving some high profile, ( judge Morgan and A. Nwabudike)he needs sufficient time to review the court records to file brief in respect to the case.
On the other hand, one of the lawyers representing judge Morgan, Cllr. Bolda Elliott on May 25,2021 also expressed concern on ground that she received one court record and the other was up standing therefore, she interpose no objection to the request made by Cllr. Benedict Sanoh.
Majority of lawyers representing both Nwabudike and Judge Morgan didn’t file their briefs at the call of case except one of the Amici Curie in person of Cllr. Jonathan Massaquio who filed his brief calling for the impeachment of judge Morgan.
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
Speaking at a major press conference at it’s headquarters in Monrovia, the LNBA president Cllr. Tiawon S. Gongloe said, the doubt raised by the Senate over the citizenship of Cllr. Nwabudike by extension, cast a very dark cloud over the integrity and credibility of the Liberian national Bar Association and judiciary in evaluating applicants for admission into the legal profession.
Cllr. Gongloe revealed that the LNBA felt duty bound to investigate and find out what the truth is relative to Cllr. Nwabudike’s Liberian citizenship.
Based upon his failure to defend his citizenship, the national executive council of the LNBA met and mandated the president of the Liberian national Bar Association to instruct the Grievance and ethics committee to launch a full scale investigation into his nationality.
LNBA emphasized that the legal profession is unique among the professions in Liberia because it is the only profession that is given protection by the Constitution of Liberia according to Article 21(I) of the Liberian Constitution which provides, there shall be absolute immunity from any government sanctions or interference in the performance of legal services as a counselor or advocate.
Therefore, the LNBA said it is under obligation to honor this protection provided by the Constitution of Liberia with the highest degree of integrity and credibility bin order to prove to the people of Liberia that the legal profession is worthy of this unique protection.
In order to ensure that the investigation was thorough and meticulous, the LNBA acted within the confines of legal speed by exhausting all means possible to provide Cllr. Nwabudike his right to due process something the LNBA did.
The investigation of Cllr. Nwabudike citizenship by the LNBA begun on March 31,2020, the president of the LNBA wrote the Grievance and ethics committee of the LNBA based upon decision taken by the national executive council, mandating it to investigate and submit it’s report regarding the issue of the citizenship of Cllr. Nwabudike given the level of public debate that had arisen over his citizenship.
LNBA wrote both the Liberia Immigration Service and Criminal Court B about documents or records relating to Cllr. Nwabudike citizenship or naturalization and the Louis Arthur Grimes school of law along with clerk of the Supreme Court in order to independently acquire relevant information pertaining to the citizenship of Cllr. Nwabudike.
Interestingly, on April 6, 2020, Cllr. Nwabudike wrote the Grievance and ethics committee of the LNBA in which he questioned the basis of the investigation, contending that there was no complaint before the LNBA challenging his citizenship.
Cllr. Nwabudike further contended that he had not violated any provision of the code of professional ethic governing bethel conduct of lawyers; and argued that citizenship is given by the government of Liberia and it is only the government of Liberia that can challenge or revoke it.
He also erroneously argued that the issue of his Citizenship was now moot, since the issue was not raised when he was admitted as attorney at law and Counselor at law.
Cllr. Nwabudike was written on seven separate occasions to appear before the grievance and ethics committee and even written through publication of the Inquiry newspaper but failed to appear.
Both the Liberia immigration service and Criminal Court B at the Temple of Justice wrote the LNBA that there is no record for Cllr. Nwabudike concerning his citizenship.
The Grievance and ethics committee after their intensive investigation discovered the following inconsistent information A purported certificate of Nationality presented to the Liberian Senate by Cllr. Nwabudike showed that he was issued citizenship by Criminal Court B when in fact that court was called the People’s Criminal Court “B” during the regime of the People’s Redemption Council (PRC), thereby creating more doubt. perusal of his various passports showed his birth dates as October 19,1960, October 2,1963 and October 2,1969.
His 2004 Liberian password carried his date of birth as October 2, 1963 and his name as A. Nkwuka Ndubusi Nwabudike instead of the name that appears on the roster of the LNBA and Supreme court Bar which is A. Ndubusi Nwabudike; His Liberian National Identification Card carried A. Ndubusi Nkwuka Nwabudike and his application for marriage certificate dated January 22,1992, filed by himself in handwriting carried his name as A. Ndubusi Nwabudike and his date of birth as October 19,1960 along his nationality as Nigerian.
Meanwhile, the committee therefore, recommended that Cllr. A. Ndubusi Nwabudike be expelled, consistent with Article ii section is of the Constitution of the Liberian national Bar Association, which provides, Any member may, after Inquiry be disciplined by means of suspension or expulsion from membership of the Association for proven gross misconduct in his relations to the Association or in his profession an undertaking upon two third votes of membership of the National Executive council.
LNBA said at a meeting held by the National Executive council on June 18,2020, at their headquarters in Monrovia, the Grievance and ethics committee’s recommended that Cllr. Nwabudike be expelled which was approved by a vote of two thirds members of the National Executive council of the LNBA.
The LNBA promised to communicate to the President of Liberia George Weah, the Speaker of the House of Representatives, the President Pro Tempore of the Liberian Senate and Chief Justice of the Supreme Court of Liberia as well as all courts throughout the Republic of Liberia.