By Garmah Naver Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Controversial Liberian Lawmaker, Yekeh Kolubah has won a legal victory at the highest court in the land.
At long last, the Justice in Chamber has reaffirmed an earlier ruling of Associate Justice Joseph N. Nagbe by ordering the National Legislature to pay District #10 Representative Yekeh Kolubah’s salary and all benefits that accrued to him for June 2021.
The latest ruling has just been made in response to a Bill of Information filed by the petitioner Yekeh Kolubah, following Justice Nagbe’s ruling made July 14, 2021,
According to the court document, Justice Nagbe mandated the House of Representatives to afford Rep. Kolubah his due process as agreed to by both parties (Legislature and Rep. Kolubah) in a conference on July 4th, 2021.
The ruling furthered that contrary to Justice Nagbe’s mandate, the Legislature has willfully withheld District #10 Lawmaker’s salary and benefits for June 2021.
Justice Wolokolie ruled: “We, therefore ordered that the House of Representatives not having proceeded to have a hearing but to proceed to arbitrarily withhold the Lawmaker’s salary and benefits for June 2021, it is herewith ordered to pay he (Rep. Kolubah) salary and all benefits that accrued to him for June.”
She revealed that a Bill of Information will lie to prevent a Judge or any judicial officer who attempts to execute the mandate of the Supreme Court improperly from doing so.
The Justice in Chamber said that the role of the court is to ensure that all, including the branches and agencies of government, adhere to the rule of law and constitutional (Article 20 (a) of the Constitution) and the court envisions that no circumstance would warrant the violation of one’s due process, rights of any individual, agency or functionary of the government.
“Article 38 of the Liberian Constitution also provides that, each house shall adopt its own rules of procedure, enforce order, and with the concurrence of two-thirds of the entire membership, may expel a member for a cause; all rules adopted by the Legislature must conform to the requirements of due process of law laid down in the Constitution,” Justice Wolokolie explained.
She indicated that the court has held that due process is a fundamental right of every individual and is cardinal and an integral and significant part of the law and jurisdiction, with the essential elements being noticed and an opportunity given to an individual to be heard and defend himself in an orderly proceeding adapted to the nature of the case.
The Supreme Court ruling established that the then Justice in Chamber ordered the parties to return to status quo ante and for the House to accord Rep. Kolubah due process before taking any action against him.
Document from the court reveals that based on the outcome of the conference, the House of Representatives wrote Rep. Kolubah on July 19, 2021, informing him that the suspension had been lifted with immediate effect and all his rights and privileges to receive his salary, benefits, including gas and special allowances were restored.
“The office of the Clerk of the Supreme Court also wrote the House Speaker Bhofal Chambers on July 22, 2021, informing him that based on the communication from the House of Representatives, July 19, 2021, lifting the suspension of District #10 Lawmaker, by the directive of Justice Nagbe mandating Speaker Chamber to resume jurisdiction and proceed in keeping with the law,” court document added.
Justice Wolokolie stated that the Bill of Infomation before the court stems from the failure of the House of Representatives to pay Rep. Kolubah’s benefits and salary, even though the House failed to proceed to take any action in conformity with due process.
The Associate Justice said records reveal that Hon. Kolubah was suspended by the House of Representatives on May 18, 2021, for a period of sixteen meeting days and denied all salaries and benefits for the said period.
The document added that Rep. Kolubah complained to the court that such a decision was unfair and illegal as he was not afforded due process when he was suspended.
But the House of Representatives through its lawyer denied the assertion made by the lawmaker, countering that he was given due process before he was suspended.