PHOTO: Presidential contestants in the PUL Nov. 2022 election, Daniel-Nyankonah-and-Julius-Kanubah
The Supreme Court of Liberia has granted the bill of information prayed for by the campaign management team Julius Kanubah of Press union of Liberia disputed election case.
The Bill of information was issue against Associate justice Joseph Nagbeand the administration of the Press Union of Liberia and its elections commission.
Delivering the court judgment Tuesday, December 19,2023, Associate justice Yussif D. Kaba, said the justice in chamber should have order the lower court judge to set aside the stay order on the induction of the officers -elect of the PUL.
He said order the absenting on the issuance of the alternative writ is reversed.
The justice in their judgment added that it is the law in the jurisdiction that a chambers justice has the discretionary authority to determine whether or not to issue a remedial writ prayed for in a petition.
“Judiciary law chapter 2, section 2.9 however if a chambers justice declines to issue a writ in any such remedial petition, he is stopped from taking any further action to vary the lower tribunal decision against which the remedial writ was prayed for.
The justice stress that a bill of information will lie to prevent a judge or judicial officer who attempts to execute the mandate of the Supreme Court improperly from doing so.
This according to justice Kaba, made also prevent anyone whomsoever from interfering with the judgment or mandate of the court.
At the same time, Justice Kaba said: “it is also the ruling that a bill of information will lie in this instant case against a justice in chambers who decline to issue a remedial writ prayed for.”.
“Wherefore and in view of the foregoing, the bill of information is hereby granted. The order of the Justice in chambers to the judge in the lower court below to set aside the stay order on the induction of the officers elect, of the Press Union of Liberia, absent the issuance of the alternative writ is hereby reversed. The clerk of this court is ordered to send a mandate to the Nine Judicial Circuit Court, Bong County commanding the judge presiding herein to resume Jurisdiction over this case and give effect to this judgement.”