Monrovia-The Supreme Court has issued a Stay Order on the impeachment proceedings of Associate Justice Kabineh Ja ‘neh at the House of Representatives.
By Massa Kanneh-www.masskanneh4@gnail.com
Justice in Chambers, SieAnenYouh has at the same time mandated the House of Representatives through its Speaker to appear on August 18, 2018 to provide reasons why the Prohibition should not be granted.
Justice Youh also ordered the Clerk of the Supreme Court, Atty. Sam Mamulu, to notify the House of Representatives of the Legislature headed by the Speaker, Dr. Bhofal Chambers, to appear before her in the Chamber of the Supreme Court on August 18, 2018 at 9 a.m. for hearing over the issuance of an alternative Writ of Prohibition prayed for by Justice Ja’neh.
“You are commanded to instruct respondent (members of the House of Representatives) to stay all further proceedings in the matter and that the parties are ordered returned to status quo ante, pending the disposition of the petition,” Associate Justice Youh order dated August 9, 2018 stated.
The Associate Justice’s order to place stay order on the impeachment proceeding of Justice Ja’neh stems from a 14-count petition for the writ of prohibition filed before her by five lawyers, Cllrs. James E. Pierre, Laveli Supuwood, Emmanuel James, Johnny Momoh and Arthur Johnson opposing the bill of impeachment forwarded to the House of Representatives by two lawmakers from Montserrado County, Acarous Gray and Thomas Fallah against Justice Ja’neh.
Associate Justice Kabineh Ja’ neh filed a writ of prohibition on his impeachment by the House on August 6, 2018.
In a fourteen count document, Justice Ja’ neh through his legal Counsels among other reasons, alleged that the impeachment process is characterized by procedure error orchestrated by the Speaker.
The petition also added that instead of the Committee on Judiciary, the Speaker instituted a Special Ad Hoc committee and forwarded the impeachment Petition to it for scrutiny, thereby violating section 57.3 of the rules and procedures of the House.
At the same time, the Petition highlights that even though, the Liberian Constitution confers authority on the House of Representatives to initiate impeachment proceedings but does not allow the violation of Articles 20(a), 71 and 73 of the same Constitution.
Both Reps. Gray of Montserrado County District #8 and Fallah of District #5, all of the ruling Coalition of Democratic Change (CDC), stated that Justice Ja’neh should be impeached because he has allegedly committed a serious official misconduct by allegedly engaging in the wanton and unsavoury exercise of his judicial discretion far exceeding the bounds of elementary judicial interpretation of issues simply to satisfy his personal ego.
In furtherance, the two lawmakers also want Ja’neh impeached for what they termed as “proved misconduct, gross breach of duty, inability to perform the functions of his office by allegedly allowing justice to be served where it belongs no matter the status of the party affected.”
According to the two CDC lawmakers, Justice Ja’neh has allegedly engaged in proved misconduct, gross breach of duty, inability to perform his functions beyond reproach and has surreptitiously connived with the late Nyema Constance Jnr to illegally acquire a piece of property located in Sinkor which is owned by 90-year-old Annie Yancy, the surviving wife of the late Nyema Constance Sr.
But the five lawyers in their petition argued that under Article 73 of the 1986 Constitution provides that no judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and acts done in the course of a trial in open court or in chambers.
