Lawyers Decry Attack on Judicial Independence

A team of lawyers has condemned what they considered as "the political attacks" on Criminal Court 'B' Judge Nelson Chineh, arguing that the Constitution does not provide for resignation or impeachment whenever a judge makes a decision with which elected officials disagree.

In direct response to a threat from Bong County District #6 Representative, Moima Briggs Mensah, who has threatened Judge Chineh with impeachment for his verdict in the Lucas Richards attempted murder case, the lawyers said in a statement on Friday, April 19, that the threat is a political interference into judicial activities—and that such move undermines the independence of the judiciary.

It could be recalled Representative Mensah wrote the Plenary of the House of Representatives, asking the body to impeach Criminal Court ‘B’ Judge Chinneh for what she termed as bringing the Judiciary and the entire government into disrepute, following his acquittal of the American Missionary, Lucas Richards who was on trial for the attempted murder of his Liberian wife, Jessica Lloyd.

She claimed that her decision is in support of President Joseph Boakai’s annual message, which she quoted as saying, “Our justice system, which is meant to protect the innocent and punish the guilty, has been marred by inefficiency, corruption and lack of public trust,” Rep. Mensah said.

She argued in her communication to Speaker Cllr. J. Fonati Koffa that on Wednesday, April 17, 2024 Liberians in and out of the country realized a shocking truth of the averment, in which a young Liberian lady was left vulnerable to the justice system, when her (alleged) assailant, with all the evidence adduced, was found not guilty and acquitted by the judge in the Criminal

Court ‘B’.

“The verdict met the appalling despair of thousands of Liberians across the country and many around the world,” Rep. Mensah said.

She added: “Mr. Speaker, it is the responsibility of this legislature to conduct oversight across the entire government, and where justice is derailed or denied, we must act. Therefore, I request that Plenary conducts an inquiry that may lead to the impeachment of the judge.”

However, the lawyers, in their statement, described the threat of impeachment as an attack on the judiciary. "These attacks do a grave disservice to the principle of an independent judiciary and … mislead the public as to the role of judges in a constitutional democracy;” argue the lawyers "Disagreement over a ruling does not constitute grounds for impeachment." “The Constitution says what the grounds for impeachment are.

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 judicial acts done in the course of a trial in open court or chambers, except for treason or other felonies, misdemeanor or breach of the peace. Statements made and acts done by such officials in the course of a judicial proceeding shall be privileged, and, subject to the above qualification, no such statements made or acts done shall be admissible into evidence against them at any trial or proceeding.."

On December 14, 2023, the government indicted defendant Lucas Richards with. the commission of the crimes of aggravated assault and criminal attempt to commit murder, very serious crimes that carry many years' imprisonment. In the indictment, the government alleges that on September 14, 2023, Richards, then the defendant, injected and dosed his Liberian wife Jessica Lloyd with an unknown substance with the intent of aborting her three-month pregnancy,

which she lost the unborn child.

 Besides, the indictment alleges that since Richards noticed that his wife was helpless and weak as a result of the doses and injections took advantage of her at about 1500hrs around the Palm Farm community, Township of Dixville, Montserrado County where he struck Jessica on her forehead and when she fell on the ground and became unconscious, he got on her unconscious body and began to slash her throat with a knife in an attempt to kill her.

However, Judge Chineh ruled and acquitted Richards of the allegations on grounds that throughout the entire proceeding, the prosecution neglected to produce the criminal instruments that were used in the commission of the crimes charged as well as the pieces of evidence that are capably or supporting allegations and or charges in the indictment.

 As this controversy unfolds, it is important to know the law and practice of judicial recusal and impeachment in Liberia.

What conduct constitutes grounds for impeachment?

The Constitution provides little guidance as to what offenses constitute grounds for the impeachment of judges: as with other government officials, judges may be removed following impeachment and conviction for “Treason, Bribery, or other high Crimes and Misdemeanors”;

otherwise, under Article 71, judges “shall hold their Offices during good Behavior.”

Article 71 states, "The Chief Justice and the Associate Justices of the Supreme Court and the judges of subordinate courts of record shall hold office during good behavior. They may be removed upon impeachment and conviction by the Legislature based on proved misconduct, gross breach of duty, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous."

But in the case of Judge Chineh, Rep. Mensah claimed that the judgment met the appalling despair of thousands of Liberians across the country and many around the world, of which she asked for Chineh's impeachment.

Can judges be impeached for their rulings on the bench?

Historical practice suggests a strong tradition against impeaching judges for judicial rulings. The Constitution established the norm that judicial acts -rulings from judges should not be a basis for removal from office by impeachment and conviction. 

Article 73 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 judicial acts done in the course of a trial in open court or chambers, except for treason or other felonies, misdemeanor or breach of the peace. Statements made and acts done by such officials in the course of a judicial proceeding shall be privileged, and, subject to the above qualification, no such statements made or acts done shall be admissible into evidence against them at any trial or

proceeding.

Have there been abuses of the impeachment power?

Yes, the 54th National Legislature has used the impeachment power to impeach Associate Justice Kabineh Ja’neh, although the ECOWAS Court had reversed the decision and subsequently ordered the government to pay US$25 million to Ja’neh as compensation and ordered the Republic of Liberia to restore him to his position of Associate Justice of the Supreme Court of Liberia.

It all started in reinstated in March 2019, when the Legislature, beginning with the House of Representatives and later the Senate, impeached Justice Ja’neh after an impeachment bill was introduced and sponsored by Representatives Thomas P. Fallah and Acarous Moses 

 Ja’neh was impeached by the Legislature for granting a Writ of Prohibition petitioned by petroleum dealers in the country to stop the government from collecting levy/taxes of US$0.25 (road fund) imposed on the pump price of petroleum products.

Twenty-two senators voted to remove him, four voted against his removal, and three abstained from the process.

However, said decision taken by Justice Ja’neh when he served as the Justice in Chambers was endorsed by the full bench of the Supreme Court, the Chief Justice, Justice Francis Korkpor, who presided over the impeachment trial while the senators served as jurors.

Ja’neh’s lawyers prayed the Supreme Court not to admit the verdict into the Senate’s records. According to them, the procedure used to impeach Justice Ja’neh was contrary to the procedure prescribed by the Constitution.

Ja’neh’s lawyers took the case before the ECOWAS Court for his illegal impeachment and flagrant violation of the Constitution, particularly Article 73.

Will Rep. Mensah's Impeachment plan end up like Fallah and Gray's decision that was seriously condemned by the ECOWAS Court? Let's watch and see how it would end.