The Supreme Court has issued a Stay Order on the impeachment proceedings of Associate Justice Kabineh Ja‘neh at the House of Representatives.
It can be recalled recently two lawmakers of the ruling Coalition for Democratic Change filed a bill of impeachment against Associate Justice Kabineh Ja’neh.
Representative Accarous Gray of Electoral District 8 and Honorable Thomas Fallah of District 5, Montserrado County in their bill of impeachment among many things cites gross abuse of power by Justice Kabineh Ja’neh.
The lawmakers also argued that Justice Ja’neh lacks the moral character to serve on the bench of the Supreme Court adding that his presence has the propensity to create a dark cloud over the image of the High Court.
Justice in Chambers, SieAnen Youh 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.
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.
Article 20(a) of the Liberian Constitution states that 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.
It furthers that Justice shall be done without sale, denial or delay; and in all cases not arising in court not of record, under courts-martial and upon impeachment, the parties shall have the right to trial by jury.