PHOTO: Patrick Honnah, Punch FM boss at the Court after Supreme Court Ruling
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The full Bench of the Supreme of Liberia on Monday September 26,2022, ruled and upheld the Sixth Judicial Civil Law court ruling for declaratory judgement held on January 7, 2020 in the appeal case of Punch FM headed by former Liberia Broadcasting deputy director for media services, Patrick Honnah.
After the ruling for declaratory judgement held on January 7,2020, the government of Liberia took an appeal to the government.
The Supreme Court in its ruling said having carefully examined the facts contained in the records, listened to the arguments on both sides and considered the evidence and the laws relevant thereto, it is hereby;
The Court ruled on two legal issues: whether or not the Supreme Court can grant the appellant appeal and whether or not the lower court judge erred by granting the declaratory judgement?
That courts of records have the authority to declare rights, status and other legal relations whether or not further relief is or could be claimed. Hence the trial court properly assumed jurisdiction over the petition for declaratory judgement and to declare the rights of the appellee to operate under the license granted the appellee (Punch Fm) by the appellant(government).
That whilst the Executive Law Rev. Code 12:31 grants the appellant the authority to regulate the fourth estate, however, in the present case, the appellant violated the appellee’s constitutional rights to due process when it suspended the appellee’s license without conducting a hearing and that the continued closure of the appellee’s premises without any justifiable reason violates the appellee’s rights in many respects.
Cllr. Jimmy Saah Bombo represented Punch FM
The Supreme Court also quoted Article 20 of the Liberian constitution which provides,
- 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. Justice shall be done without sale, denial or delay; and in all cases not arising in courts not of record, under courts-martial and upon impeachment, the parties shall have the right to trial by jury.
- The right of an appeal from a judgment, decree, decision or ruling of any court or administrative board or agency, except the Supreme Court, shall be held inviolable. The legislature shall prescribe rules and procedures for the easy, expeditious and inexpensive ling and hearing of an appeal.
Wherefore and in view of the foregoing, the final ruling of the Civil law court is hereby affirmed for reasons detailed in the opinion of this court out of which this judgement emanated.
The appellant’s appeal is denied and the clerk of this court is hereby ordered to send a mandate to the Sixth Judicial Civil Law court, Montserrado County, commanding the Judge presiding therein to resume jurisdiction over this case and give effect to this judgement.
Background
During hearing of the appeal case on April 7,2022, Liberia’s Solicitor General, Cllr. Seyranius Cephas gave reasons while the PUNCH FM belonging to a vocal critic of government, Patrick Honnah, has so far been denied license by the Liberian government, in an appeal case before the Supreme Court of Liberia.
He told the Supreme Court Bench on Thursday April 7,2022 that, after the government’s purported pronouncement of reviewing radio and television stations frequencies, the results or reports was placed at the door of the Ministry of Information, Cultural Affairs and Tourism (MICAT) for those who concerned to make follow up, instead of putting it on the local radio stations and local dailies newspaper.
Cllr. Cephus raised two cardinal issues which include the principle of procedure and declaration of right is not a possession.
The Liberia’s Solicitor General Cephus relied on Title 12 page 8&48 of the Civil procedure law of Liberia.
Cllr Cephus argued that the appellee (complainant/plaintiff) filed with the Information Ministry for a permit and before a permit is given to someone who to operate a radio station, that individual must be a legitimate person, saying that Mr. Patrick Honnah, who is Chief Executive Officer of PUNCH Fm, wasn’t legitimate to be qualify for the permit then.
Mr. Honnah used to be Deputy Director General of the Liberia Broadcasting System (LBS) during the former Unity Party government.
SG Cephus surprisingly said that Mr. Honnah didn’t meet the requirements to operate his commercial radio and television stations on grounds that when he was filing his form at the Liberia telecommunications Authority and MICAT, series of questions were asked on the form, which he claimed Mr. Honnah failed to answer in order to meet the requirements.
He further argued that Mr. Honnah didn’t have article of incorporation, but all those required to operate a radio station are all in the possession of Mr. Honnah and his lawyer Cllr. Jimmy Saah Bombo.
According to Cllr. Cephus, Mr. Honnah bypassed the process when the government made the pronouncement of reviewing radio and television stations frequencies, calling on MICAT and LTA to refund Mr. Honnah US$2900 paid to LTA for license and US$500 paid to MICAT for permit.
During the appeal hearing at the Supreme Court, the Solicitor General was bombarded with several questions coming from the Chief Justice and Associate justices, as to their reason why they are stopping on Mr. Honnah radio station from operating. SG Cephas was asked: whether they revealed the revision process of radio and television stations frequencies report made available after their revision process?
Justice Yusuf Kaba asked Cllr. Cephus What procedure or process was back passed by Mr. Honnah for which he was denied from operating his radio and television stations?
Associate Justice Kaba further asked the SG: where will Mr. Honnah go now, to the information Ministry and LTA to correct those errors or process you claimed he bypassed, will he be allowed to operate his stations?
Cllr. Cephus in response said yes.
Is the revision process still ongoing? Justice Kaba again asked the SG, but Cllr. Cephus replied by saying no, it has been completed long time.
Both the Chief Justice and Associate Justices said Mr. Honnah’s legal counsel filed the wrong action (declaratory judgement) at the Sixth Judicial Civil Law court; but rather he has filed a writ of mandamus straight at the Supreme Court to compel to the agencies responsible to do the necessary things for Mr. Honnah.
At one point during Cllr. Cephus’ argument, he began to fumble.
At the end of the SG’s argument, Chief Justice Korkpor said opposition voices are necessary for diverse views.
Cllr. Cephus therefore prayed the Court to reverse the ruling of the lower court on grounds that the appellee filed the wrong action.
PUNCH FM Lawyer’s argument
Cllr. Jimmy Saah Bombo, legal counsel representing Punch Fm/TV later counter argued
Cllr. Bombo raised three issues for the basis of his argument.
First was whether or not the 1986 constitution of Liberia section 15(b) provides for Freedom of the Press?
Whether or not the arbitrary denial of Appellee(complainant/plaintiff) to operate as commercial radio and television stations after obtaining the required documents and subsequent payments of fees into appellant (government/defendant ) account is breached of appellee constitution right to press freedom?
Whether or not the continued suspension of appellee without a review process hearing is a denial of the appellee right to due process?
As to the first issue whether or not the 1986 constitution of Liberia section 15(b) provides for press freedom? The law cited is cleared in its meaning and spirit that the constitution provides for press freedom.
The constitution says in Article 15(a) every person shall have the right to freedom of expression being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoyed by government sale during an emergency declared in accordance with this constitution.
The plaintiff or appellee legal counsel argued before the Supreme Court Bench that the same constitution in Article 15(b) says “the right encompasses the right to hold opinions without interference and the right to knowledge which includes freedom of speech and of the press, academic freedom to receive and impart knowledge and the right to Libraries to make such knowledge available and also includes non interference with the use of mail, telephone and Telegraph.
It likewise includes right to remain silent. This right of press freedom is a constitution right provided for by the organic law of this republic and the same prohibits the government from cutting of the right to press freedom from controlling or constraining press freedom or placing press freedom under government command.
As to the second issue, whether or not the arbitrary denial of appellee to operate as commercial radio and television stations after obtaining the required documents and subsequent payments of fees into appellant/defendant account is breached of appellee constitution right to press freedom?
Cllr. Bombo referred to the 1986 constitution of Liberia Article 15(a&b) mentioned above, which he said contained the facts in this case, revealing that the appellee was given the necessary documents and subsequent made payment of required fees imposed by the government (appellant/defendant) to operate a commercial radio and television stations.
According to Cllr. Bombo, the facts also show that appellant issued a press release suspending appellee activity pending a reviewing process, after which the appellee made several attempts through phone calls to the appellant to have audience to this issue of reviewing done to enable appellee carry on its operation.
After more than a year, the defense lawyer said the appellant still didn’t carry on the reviewing process for which appellee operation was suspended for Punch Fm legal counsel told Supreme Court Justices.
The appellee through his legal counsel wrote the appellant a communication for audience to address this identical issue of reviewing as per appellant press release but appellant didn’t honor the communication, Cllr. Bombo told the Supreme Court.
Cllr. Bombo said that after all efforts made by appellee to address the issue as it relates to appellee press freedom and the failure of appellant to honor this communication, the issue of appellee suspension is no longer a matter of reviewing the process but rather, a desire by the appellant to arbitrarily deny the appellee its rights to press freedom.
This act of the appellant, according to Cllr. Bombo, violates Article 15 of the 1986 constitution of Liberia.
As to the third issue, whether or suspension of appellee operation without a hearing process is a denial of the appellee right to due process?
Due process is a fundamental principle of the organic law of this republic. The 1986 constitution of Liberia, Article 20(a) says no person except as the outcome of hearing judgement consistent with the provisions laid down in this constitution and in accordance with due process of law.
Justice shall be done without sale, denial or delay and in all cases not arising in courts, not of record under courts martial and upon impeachment, the parties shall have the right to trial by jury. further the declaration of Table Mountain forum held in South Africa from June 3-6,2007 of which Liberia is signatory and same had been domesticated into our laws call on African governments as a matter of urgency to review and abolish all other laws that restricts press freedom.
Wherefore and in view of the foregoing facts and circumstances, appellee prayed your Honors and this Honorable Court to sustain the ruling/ judgement of the Court below and have appellant appeal deny. Further, appellee prayed your Honors to grant unto appellee all that seems just, legal and equitable,” Cllr. Bombo said.