PHOTO: Judge Joe Barkon of 2nd Judicial Circuit Court
BUCHANAN, Liberia– Resident Judge Joe Barkon has urged members of the Liberia National Bar Association (LNBA) and civil society groups to speak out against violations of the constitutions and disrespect for the rule of law by the current Boakai government.
The Bar and civil society should not remain silent but constructively engage the Boakai administration over its fragrant violation of the rule of law, citing the suspension of Executive Governor of Central Bank of Liberia (CBL), Aloysius Tarlue.
Speaking during the opening of the 2nd Judicial Circuit Court in Grand Bassa County on Monday, August 12, 2024, Judge Barkon said:
“Your Honor, madam President and members of the bar, and our esteemed guests, from the provision of the Liberian Constitution cited above and the case law as well, let me use this occasion to encourage the Liberian National Bar Association (LNBA), the Grand Bassa Bar Association, and other professional and advocacy institutions, like civil society, to not sit in silence but should constructively engage the Executive Branch of government and other relevant authorities to provide the space within a reasonable time frame and ensure that the individuals who have been accused of wrongs and suspended from their respective offices be accorded due process of law.” This, Barkon said, it is to be done. in a reasonable way to either exonerate themselves from the allegations levied against them or they be held for the charges after trial than to keep them in abeyance, which is not good for our emerging democracy.”
Judge Barkon explained that article 20(a) of the 1986 Constitution stipulates: “No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law.”
He noted that since the Boakai administration came to power in recent months, there have been a number of breaches of the rule of law, citing the removal of Commissioners of the Liberia Telecommunication Authority (LTA), the Governance Commission, National Social Security and welfare Corporation (NASSCORP), in addition to the “arbitrary dismissal of some government employees at various public institutions, etc”.
“We want to call our government to accord these personalities due process of law so that they can be heard before a court of competent jurisdiction, consistent with the proceedings applicable therein, either to establish their guilt/liability or their innocence and be exonerated of the charges levied against them,” the judge cautioned Boakai of the violation of the rule of law.”
Judge Barkon told his audience that, ” history has revealed to us that one of the causes of the Liberian Civil conflict was due to the disregard to upholding the basic principles governing the rule of law which encompass the respect for human rights, human dignity and values, and among others, for which we think, we as a nation and people should desist from threading such ugly path again so that we all may live in peace and harmony irrespective of our religion, social class and status, association, ideological beliefs, culture and societal norms, and our expressions to critical national issues tenure.”
The Judge of the 2nd Judicial Circuit Court in Grand Bassa County said that “everyone is duty bound to be law abiding as citizens, residents, and governing authorities for the promotion of good governance and socio justice that will engender peace and stability, attract direct foreign investment for jobs creation, and economic growth and development of our Country.”
However, Judge Barkon noted that “anything on the contrary on our part not to have regard for the Rule of Law, it could retrogress our peace and progress we have made over the years, and may lead to civil upheaval and conflict among ourselves, and between those who feel suppressed and oppressed by the governing authorities of the day, which may endanger the peace of our Country under such a situation.”
“Similarly, the judge adds “both the past governments and the present government of Liberia were and are under binding obligation to have upheld and/or uphold respectively every provision of our Constitution, statutory laws, as well as customary laws of our Country to promoting good governance and a peaceful and harmonious society;
“Explaining about the due process of law, he said, it was meant “a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial”.
“Let me remind all of us that the Labor law of Liberia and case laws of the Supreme Court of Liberia has for time without number that indefinite suspension of an employee for a protracted period of time without investigation or trial is equivalent to a dismissal,” the Liberian Judge noted.
According to Judge Barkon, the principle or concept of upholding the rule of law demands from every citizen, resident, the governing authorities of the day to abide by all of the provisions as contained within the 1986 Constitution of Liberia.
He said the government is also under obligation to abide by all other Statutory laws enacted by the Legislature at all times, in order to engender peaceful, co-existence and a law-abiding society.