Convention 2024

RE:      LIBERIAN NATIONAL BAR ASSOCIATION ANNUAL NATIONAL CONVENTION 2024

THIS IS TO INFORM ALL MEMBERS OF THE LIBERIAN NATIONAL BAR ASSOCIATION (LNBA), INCLUDING THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE HONOURABLE SUPREME COURT OF LIBERIA, JUDGES OF COURTS OF RECORDS, COUNSELLORS AND ATTORNEYS-AT-LAW, MAGISTRATES, AND LAW STUDENTS THAT THE ANNUAL NATIONAL CONVENTION OF THE LNBA WILL BE HELD IN GANTA CITY, NIMBA COUNTY. THE CONVENTION WILL CONVENE FROM THURSDAY, NOVEMBER 28, 2024 THROUGH SUNDAY, DECEMBER 1, 2024.

 

CALENDAR OF EVENTS:

CONVENTION ACTIVITIES

THURSDAY, NOVEMBER 28, 2024                 ARRIVAL, GANTA CITY, NIMBA COUNTY

FRIDAY, NOVEMBER 29, 2024    FORMAL OPENING PROGRAM/CLE SESSIONS/BUSINESSS

 SESSION

SATURDAY, NOVEMBER 30, 2024                 BUSINESS SESSION/ELECTIONS ACTIVITIES &

ADJOURNMENT OF CONVENTION 2024

SUNDAY, DECEMBER 1, 2024                                    DEPARTURE FROM GANTA CITY, NIMBA COUNTY

COUNSELLORS AND ATTORNEYS ARE ENCOURAGE TO TAKE ADVANTAGE OF THE CONTINUING LEGAL EDUCATION (CLE) SESSIONS WHICH WILL AFFORD THEM THE OPPORTUNITY TO ACQUIRE CLE CREDIT HOURS FOR 2025.

CONVENTION FEES:

CONVENTION FEES INCLUDE A PACKAGE OF T-SHIRT, CAP, CONVENTION PORTFOLIO, LODGING AND FEEDING AT THE FOLLOWING AMOUNTS: HOTEL ACCOMODATION IS STRICTLY ON A FIRST COME FIRST SERVE BASIS.

Chief Justice & Associate Justices                   USD$300.00

Judges                                                              USD$250.00

Counsellors-At-Law                                       USD$200.00

Attorneys-At-Law                                           USD$175.00

Law Students                                                   USD$125.00

 

PAYMENT IS IN PROCESS AND CAN BE MADE IN PERSON AT THE LNBA HEADQUARTERS OR VIA LNBA MOBILE MONEY #0555695992. DEADLINE FOR PAYMENT WILL BE MADE IN OUR SUBSEQUENT ANNOUNCEMENTS. THE COOPERATION OF ALL IS HIGHLY ANTICIPATED.

US 2023 Human Rights Report on Liberia

Liberia 2023 Human Rights Report

Executive Summary

There were no significant changes in the human rights situation in Liberia
during the year.
Significant human rights issues included credible reports of: arbitrary or
unlawful killings, including extrajudicial killings; torture or cruel, inhuman, or
degrading treatment or punishment by the government or on behalf of the
government; harsh and life-threatening prison conditions; serious problems
with the independence of the judiciary; serious restrictions on freedom of
expression and media freedom, including violence or threats of violence
against journalists and censorship; serious government corruption;
extensive gender-based violence, including domestic or intimate partner
violence, sexual violence, and female genital mutilation/cutting; laws
criminalizing consensual same-sex conduct between adults, which were
enforced; crimes involving violence or threats of violence targeting lesbian,
gay, bisexual, transgender, queer, or intersex persons; and systematic
restrictions on workers’ freedom of association.
The government did not take credible steps to identify and punish officials
who may have committed human rights abuses.

Assembly 2024

ANNOUNCEMENT

THIS IS TO INFORM ALL MEMBERS OF THE LIBERIAN NATIONAL BAR ASSOCIATION (LNBA), INCLUDING THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE HONOURABLE SUPREME COURT OF LIBERIA, JUDGES OF COURTS OF RECORDS, COUNSELLORS AND ATTORNEYS-AT-LAW, MAGISTRATES, AND LAW STUDENTS THAT THE ANNUAL ASSEMBLY OF THE LNBA WHICH WAS SCHEDULED FOR FRIDAY, MARCH 29 THRU SATURDAY, MARCH 30, 2024 IS RESCHEDULED FOR FRIDAY, APRIL 5 THRU SATURDAY, APRIL 6, 2024 AT THE MINISTERIAL COMPLEX, CONGO TOWN, MONTSERRADO COUNTY.

Assembly activities will include, inter alia, (i) Keynote Address and (ii) Continuing Legal Education (CLE) Sessions and (iii) Business Sessions.

COUNSELLORS AND ATTORNEYS ARE ENCOURAGED TO TAKE ADVANTAGE OF THE CONTINUING LEGAL EDUCATION (CLE) SESSIONS WHICH WILL AFFORD THEM THE OPPORTUNITY TO ACQUIRE THEIR TEN CREDIT HOURS FOR 2025.

ASSEMBLY FEES

ASSEMBLY 2024 FEES INCLUDE A PACKAGE OF T-SHIRT, CAP, ASSEMBLY PORTFOLIO AND FEEDING.

Counsellors-At-Law……………………………………………………………..USD$100.00

Attorneys-At-Law……………………………………………………………….USD$  75.00

Law Students…………………………………………………………………….USD$  50.00

PAYMENT IS IN PROCESS AND CAN BE MADE IN PERSON AT THE LNBA’s HEADQUARTERS OR VIA LNBA MOBILE MONEY #0555695992. THE COOPERATION OF ALL IS HIGHLY ANTICIPATED.

 

 

National Vice President Remarks

BRIEF REMARKS DELIVERED BY THE NATIONAL VICE PRESIDENT OF THE LIBERIAN NATIONAL BAR ASSOCIATION AT THE PROGRAM MARKING THE COMMISSIONING CEREMONY OF THE RESIDENT CIRCUIT JUDGE AND JUDGE OF THE SEXUAL OFFENSES DIVISION OF THE 8TH JUDICIAL CIRCUIT COURT, NIMBA COUNTY, HELD AT THE GROUND FLOOR OF TEMPLE OF JUSTICE BUILDING ON WEDNESDAY, AUGUST 9, 2023.

Her Honor Sie-A-Nyene G. Yuoh, Chief Justice of the Honorable Supreme Court of the Republic of Liberia, Associate Justice Yussif D. Kaba, Judges of Circuit and Specialized Courts, Members of the Executive and Legislature present, The Court Administrator, Fellow Colleagues of the Bar, members of the press, ladies and gentlemen.

I bring you greetings from the National President and National Executive Council of the Liberian National Bar Association. The President is on an official trip to the Republic of South Africa, where he is attending the African Bar Conference along with the Secretary General.

The LNBA thanks the President of the Republic of Liberia and the Liberian Senate for their diligence in the nomination, confirmation and subsequent appointment of our colleagues to the Judiciary.

Madam Chief Justice and Associate Justice, the LNBA is delighted to have been involved in the nomination process of the two judges for the 8th Judicial Circuit. This is the first time in recent years that the Bar has participated in the vetting of judges for our courts. As the umbrella organization for all lawyers in Liberia including Judges and Justices, we believe that the Bar plays a very crucial role in the nomination of its members to an exalted position in the Judiciary.

However, the Bar reiterates its call for the establishment of a Judicial Commission where lawyers would be properly vetted as to their competence, character and overall ability to manage our courts and dispense justice without fear or favor without the need for political maneuvering or political lobbying.

The Judiciary is at a crossroad. The Bar is concerned about Cases of rape and other sexual offenses that clog the docket of the Sexual offenses court in Nimba County. We trust that Judge Sidibey will devise innovative means couched in the law to dispose of these cases and ensure that justice is served.

The LNBA is also aware of several land disputes and labor matters that plague the Circuit Court in Nimba County and call on Judge Suah to meticulously handle the disposition of said cased so as to bring relief to the party litigants seeking justice.

The LNBA believes that our Judges need to conscientious and impartial in the administration of justice. We are aware that being a judge is a herculean task, but with the confidence reposed in you as judges, we believe that you’ll show yourselves approved.

As we are in the campaign season for elections, the LNBA cautions all Liberians to exercise their rights to campaign for a particular political party or candidate with caution and care so as not to disrupt the peace we all enjoy.

The LNBA condemns in its strongest term the recent incident of partisans of the coalition for democratic change toting a casket portraying the death of a political party’s candidate. We believe that this action by members of the ruling coalition for democratic change is counterproductive to the conduct of a free, fair and credible elections. The LNBA calls on the National Elections Commission to apply the appropriate sanctions on the individuals and political party in an effort to deter such unwholesome act.

The LNBA believes in clean campaign messages that reflect the overall plan for national growth and development.

Judicial Canon 16 requires our Judges to not be swayed away by partisan demands, public clamor, or consideration of personal popularity or notoriety, nor be apprehensive of unjust criticisms.

Just to reiterate the statement made by the Honorable Chief Justice, let me remind us of Judicial Canon 38, which provides that “In every particular case a judge’s conduct should always be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, fearless of public clamor regardless of public praise, and indifferent to private, political or partisan influence; he should administer justice according to law, and deal with his appointment as a public trust; he should not allow another affairs or his private interest to interfere with the prompt and proper performance of his judicial duties nor should he administer the office for the purpose of advancing his personal ambitions or increasing his popularity.

As we have entered the heat of the political season, let me also caution our Judges and remind them of the requirement of Judicial Canon 37, which provides and I quote “While a judge is entitled to entertain his personal view of political questions, and while not required to surrender his rights or opinion as a citizen it is inevitable that suspicion of being warped by political bias will attach to a judge who becomes an active member of a political party and a promoter of its interest as against, another especially those of our judges of the highest courts who by constitutional command are empowered to review and determine electoral issues under the multiparty system introduced by the 1986 Constitution. Candidates for political office should neither accept nor retain a place on any party committee nor act as a party leader or generally engage in party activities. A judge should not appear at political meetings and indicate support of candidates for political office (nor should he permit his wife or her husband to give political teas.)”

As Judges you should be aware that the Court is the last place of hope for man on earth and therefore as a Judge you must live above reproach.

To our judges, we trust that you’ll uphold the confidence reposed in you by the President and members of the Bar to serve with integrity as you contribute to the development of our legal jurisprudence.

Thank You!

 

LNBA National President Returns

LNBA National President Returns from ECOWAS Conference In The Gambia

(MONROVIA, LIBERIA MONDAY MAY 29, 2023) – The National President of the Liberian National Bar Association (LNBA), Cllr. Sylvester D. Rennie has returned to the country after participating in a weeklong International Conference hosted by the ECOWAS Community Court of Justice in Banjul, in the Republic of the Gambia. The weeklong International conference was organized under the Theme: “ECOWAS’ ZERO TOLERANCE FOR UNCONSTITUTIONAL Change of Government”. The high-level conference brought together jurists, scholars, and other stakeholders from the Institutional Agencies of ECOWAS and Member states of the Community.

The LNBA says,  the relevance of the theme of the  conference cannot be overemphasized as it focuses on the need for participatory democracy and constitutional order in all ECOWAS Member States, and in particular on the ECOWAS policy of Zero Tolerance for Unconstitutional Change of Government.

The LNBA in a statement released today, says that following the civil war in Liberia which began in 1989, and which later spread to Sierra Leone, the Authority of Heads of State and government of ECOWAS in July 1991, adopted the Declaration of ECOWAS political principles, in which they declared their adherence to certain principles, in order to enhance the prospects of advancing; “economic cooperation and integration in a political environment of peace, security and stability”. In addition to pleading to respect human rights and fundamental freedoms in all their plenitude, the Heads of State among others, declared their determination to “concert efforts to promote democracy in the sub region on the basis of political pluralism and respect for fundamental human rights as embodied in universally recognized instruments on human rights and on the African Charter on Human and Peoples Rights.

The ECOWAS Court of Justice organized its ninth international conference held at the Sir Dawda Kairaba Jawara International Conference Centre, in Banjul, the Gambia, from 22 to 25 of May 2023. The International Conference provided a forum for the court to examine important and topical thematic issues of concern for the Community, together with scholars, jurists, practitioners and stakeholders from within the member states of ECOWAS.

Below is the final Communique of the International Conference of the ECOWAS Community Court of Justice:

http://FINAL COMMUNIQUE ECOWAS COMMUNITY COURT OF JUSTICE

PRESS RELEASE

LNBA PARTICIPATES IN A WEEKLONG INTERNATIONAL CONFERENCE, CONDEMNS ATTACK ON THE NORMAL WORSHIP SERVICE AT THE CHRIST CHAPEL OF FAITH CHURCH OF SENATOR PRINCE Y. JOHNSON

 (MONROVIA, LIBERIA MAY 22, 2023) – The National President of the Liberian National Bar Association (LNBA), Cllr. Sylvester D. Rennie has departed the country for a weeklong International Conference hosted by the ECOWAS Community Court of Justice in Banjul, in the Republic of the Gambia. The weeklong International conference is being organized under the Theme: “ECOWAS’ ZERO TOLERANCE FOR UNCONSTITUTIONAL CHANGE OF GOVERNMENT”. The high-level conference will bring together jurists, scholars, and other stakeholders from the Institutional Agencies of ECOWAS and Member States of the Community.

The LNBA says, the relevance of the theme of the conference cannot be overemphasized as it focuses on the need for participatory democracy and constitutional order in all ECOWAS Member States, and in particular on the ECOWAS policy of Zero Tolerance for Unconstitutional Change of Government.

The LNBA in a statement released today, says that following the civil war in Liberia which began in 1989, and which later spread to Sierra Leone, the Authority of Heads of State and government of ECOWAS in July 1991, adopted the Declaration of ECOWAS political principles, in which they declared their adherence to certain principles, in order to enhance the prospects of advancing; “economic cooperation and integration in a political environment of peace, security and stability”. In addition to pleading to respect human rights and fundamental freedoms in all their plenitude, the Heads of State among others, declared their determination to “concert efforts to promote democracy in the sub-region on the basis of political pluralism and respect for fundamental human rights as embodied in universally recognized instruments on human rights and on the African Charter on Human and Peoples Rights.

In another development, the LNBA condemns the attack on the normal worship service at the Christ Chapel of Faith Church of Senator Prince Y. Johnson on Sunday, May 21, 2023, by men believed to be partisans of both the NPP and CDC Youth wings. The LNBA says, this is outrageous and a pure act of provocation to undermine the peace of the country. The LNBA is utterly dismayed over such cruel act of violence, which has repeatedly marred the Political landscape and gravely threatens the Civil Liberty, Freedom of Expression, and Association as guaranteed under the 1986 Constitution. The LNBA in a statement released today, says these attacks are intended to harass and intimidate prominent citizens and members of the public in the months leading to the upcoming elections and could have a chilling effect throughout the country.

The LNBA seriously cautions the Liberian Government to take all necessary steps to prevent acts of motivated violence and refrain from all inflammatory actions that could incite similar attacks or deter people from enjoying their civil liberties ahead of the crucial 2023 elections. The Bar assures all of its commitment to fully cooperate with relevant actors to keep the peace by ensuring that the Liberian democracy is kept afloat. The Bar says, the Liberian government is under obligation by law to protect life and property and must ensure that the needful is done consistent with Article 20 (a) which provides 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 provision laid down in the 1986 Constitution in accordance with due process”.

The LNBA in a statement released, is calling on the Liberian Government to immediately and unconditionally launch a thorough, independent, and impartial investigation to ensure that the perpetrators are brought to justice in fair trials before a court of competent jurisdiction. The LNBA warns that this reckless act by anti-peace elements must not be treated as business as usual as it is only the adherence to the principle of the rule of law that guarantees the peaceful co-existence of all Liberians.

In a related development, the LNBA calls on ECOWAS, AU, and the United States Government to not sit by to let  Liberia degenerate into conflict; especially ahead of a crucial election this year. The Bar calls for monitoring the actions of anti-democratic elements and the immediate imposition of sanctions and other measures to jealously protect the peace of the country.

Meanwhile, while the National President of the LNBA is away from the country and in the absence of the National Vice President, the National Secretary General, Cllr. Bornor M. Varmah will act as National President consistent with the LNBA constitution.

Annual Convention 2022 Announcement

LNBA ANNUAL NATIONAL CONVENTION 2022 CHANGE OF VENUE

THIS IS TO INFORM ALL MEMBERS OF THE LIBERIAN NATIONAL BAR ASSOCIATION (LNBA), INCLUDING THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE HONOURABLE SUPREME COURT OF LIBERIA, JUDGES OF COURTS OF RECORDS, COUNSELORS AND ATTORNEYS-AT-LAW, MAGISTRATES, AND LAW STUDENTS THAT THE EXECUTIVE COUNCIL OF THE LNBA HAS DECIDED TO CHANGE THE VENUE FOR THE NATIONAL CONVENTION 2022 WHICH WAS SCHEDULED TO BE HELD IN GBARNGA CITY, BONG COUNTY TO THE PAYNESVILLE CITY HALL. THE EXECUTIVE COUNCIL REGRETS THE INCONVENIENCES CAUSED BY THIS CHANGE WHICH IS DUE TO REASONS BEYOND THE CONTROL OF THE EXECUTIVE COUNCIL. ALL MEMBERS ARE FURTHER INFORMED THAT THE ANNUAL CONVENTION WILL BE HELD FROM THURSDAY, NOVEMBER 24, 2022 TO FRIDAY, NOVEMBER 25, 2022.

COUNSELORS AND ATTORNEYS ARE ENCOURAGED TO TAKE ADVANTAGE OF THE CONTINUING LEGAL EDUCATION (CLE) SESSIONS WHICH WILL AFFORD THEM THE OPPORTUNITY TO ACQUIRE CLE CREDIT HOURS FOR 2022. PLEASE NOTE: ONLY MEMBERS WHO ARE LICENSED FOR 2022 WILL BE ALLOWED TO REGISTER.

NOTE: NO MEMBER OF THE LNBA WILL BE ALLOWED TO REGISTER TO PARTICIPATE IN CONVENTION 2022 OF THE BAR WHO IS NOT IN GOOD STANDING WITH THE BAR, CONSISTENT WITH SECTION 2.2 OF THE LNBA CONSTITUTION.

CONVENTION FEES:

CONVENTION FEES INCLUDE A PACKAGE OF T-SHIRT, CAP, CONVENTION PORTFOLIO AND FEEDING AT THE FOLLOWING AMOUNTS:

Counselors-At-Law……………………………………………………… $125.00(U. S. Dollars)

Attorneys-At-Law………………………………………………………….$100.00(U. S. Dollars)

Law Students………………………………….………………..……………$75.00(U. S. Dollars)

PAYMENT IS IN PROCESS AND CAN BE MADE IN PERSON AT THE LNBA HEADQUARTERS OR VIA LNBA MOBILE MONEY #0555695992. THE DEADLINE IS WEDNESDAY, NOVEMBER 23, 2022. THE COOPERATION OF ALL IS HIGHLY ANTICIPATED.

Signed: The Secretariat

Circular AFBA Conference

LNBA Special Statement on the pending African Bar Association Conference Scheduled to be held in Lilongwe, Malawi From August 7-11, 2022

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Press Release

LNBA HOLDS ENGAGEMENT MEETINGS WITH THE NATIONAL ELECTIONS COMMISSION (NEC), AND THE UNIVERSITY OF LIBERIA (UL), AND PROMISES COLLABORATION ON ATTENDING RULE OF LAW ISSUES LEADING TO THE 2023 ELECTIONS:

(MONROVIA, LIBERIA JUNE 13, 2022) The Liberian National Bar Association (LNBA), has held an engagement meeting with the Board of Commissioners of the National Elections Commission to acquaint itself with the “General State of Affairs” at the NEC and strengthen collaboration to address attending rule of law issues leading to the 2023 elections.

The LNBA in a press release describes the engagement meeting between the two institutions as critical and a platform to discuss a credible 2023 elections that will strengthen peace and democracy. The LNBA says, based on the mistrust surrounding past elections in Liberia as well as the possibility of intimidation in the Liberian political environment, the LNBA has decided to undertake programming aimed at enhancing transparency, deterring fraud and increasing the chances that the 2023 elections would be conducted in conformity with Liberian laws and International Standards.

At the June 7, 2022 meeting held at the Headquarters of the National Elections Commission, both Institutions discussed and agreed to collaborate on a number of critical issues such as:

Legal/ Electoral Reforms;

Capacity Building/Training on Rule of Law issues;

Electoral Dispute Resolution Mechanisms etc

The NEC Board of Commissioners informed the LNBA’s Leadership about the convening of an ‘Election Stakeholders’ Conference’ which will provide the forum for Liberian Political and Civic actors to evaluate the election process and make recommendations for the future of Liberia’s nascent democracy.

The LNBA for its part raised serious concerns about early warning signs of conflict; particularly referring to recent information emanating from Lofa County that both the CDC and the Unity Party are forming “Militia Groups“ ahead of the  By-Elections. The LNBA says, such action is disturbing and troubling for the peace of the country and calls on the Ministry of Justice to be proactive in curbing any potential conflict in the country. The LNBA seriously cautions Liberians against reckless actions that could undermine rule of law and eventually subvert Liberia’s democratic gains.

In a related development, the LNBA has pledged its fullest cooperation with the National Elections Commission and relevant stakeholders to begin looking at the possibility to factor in “Chieftaincy Elections” during the 2023 General and Presidential Elections. The LNBA observes that the failure of successive governments to conduct “Chieftaincy Elections” since 1985 is a brutal violation of Article 56 (b) of the 1986 Constitution, which should no longer be condoned by the Liberian people.

The LNBA believes that “Access to Justice” under the Informal/ Customary Justice System, will continue to be undermined once Chiefs who constitute an integral component, are not properly and legally situated to discharge their functions. “Liberia’s democracy remains incomplete without the election of chiefs as provided for under the Constitution,” the statement said. Both the Bar and the NEC have agreed to conceptualize their collaboration.

Meanwhile, the Liberian National Bar Association (LNBA), has had an audience with the President of the University of Liberia (UL), Dr. Julius Sarwolo Nelson, Jr. to strengthen the longstanding relationship between the Bar and the University. The meeting took place on Wednesday, June 8, 2022, at 10:00 a. m. on the main campus of the University. At the meeting, both the LNBA and the UL Administration expressed their commitment to collaborate to enhance rule of law which is the bedrock for peace and stability.

The LNBA’s Leadership thanked the UL Administration for its continuous effort in improving the Manpower Development of the country. For his part, the UL President disclosed strides his Administration has made to upgrade the University of Liberia. He informed the LNBA that the UL Administration has finalized arrangements to shortly introduce “Master of Laws” Program at the Louis Arthur Grimes School of Law which will ease the burden on Liberian Lawyers seeking graduate degrees outside Liberia. The UL President furthered that the University has concluded plans to relocate all undergraduate programs to its Fendall Campus shortly. This, according to the UL President, is intended to provide adequate accommodation for professional Degree-granting programs on the main campus of the University.

Also, at the June 8 meeting, both the LNBA and the UL Administration agreed to collaborate on issues relating to the Louis Arthur Grimes School of Law, enhancing the UL Human Rights Policy as well as optimizing the performance of the Liberian Law Research Codification and Publication Center, INC at the Louis Arthur Grimes School of Law. The Center which has produced three volumes (43, 44 & 49) of the Liberian Law Reports and three volumes of (I, II-A &II-B) of the Liberian Code of Laws Revised is headed by Retired Supreme Court Justice, Philip A.Z. Banks, III.

Signed:  Cllr. Borno M. Varmah

National Secretary General

LNBA Presidents’ Speech October Term 2021

Mr. President and First Lady

Mr. Speaker and Members of the House of Representatives

Mr. President Pro Tempore and members of the Liberian Senate

Mr. Chief Justice and Associate Justices of the Supreme Court of Liberia

Former chief Justices and Associate Justices of the Supreme Court of Liberia

Honorable Minister of Justice and Dean of the Supreme Court Bar

His Excellency, the Doyen and Members of bthe Diplomatic and consular corps.

The officers and members of the Liberian National Bar Association

The President and members of the National Association of Trial Judges of Liberia

The President and Members of the Association of Female Lawyers of Liberia

The President and members of the Prosecutors Association of Liberia

The President and members of the Public Defenders Association of Liberia

The Representatives of bilateral and multilateral organizations

Representatives of International Non-governmental organizations

Representatives of Liberian Civil Society organizations

Representatives of the Inter-religious Counsel

Madam Court Administrator and the staff of the Judiciary

Members of the fourth estate

Other distinguished ladies and gentlemen

Once again, the omnipotent master of the Universe has permitted us to congregate in this great hall of justice for the purpose opening the Supreme Court for the October Term of Court, the first term of Court of this Court as mandated by the Judiciary Law of Liberia. We are cognizant of the fact that as a result the elections related cases that were handled by this Court, your honors did not close the March Term of Court early enough in order to have adequate time for a restful vacation. All the same, on behalf of the Liberian National Bar Association, we welcome you from your vacation, without entertaining any doubt that you are prepared and energized to perform your constitutional duties of being the final arbiter of all constitutional issues and exercising appellate jurisdiction over all cases, as well as original jurisdiction over cases involving ambassadors, public ministers and cases in which a county is a party, consistent with Article 66 of the Constitution of Liberia. We wish you the wisdom of Solomon, the patience of Job to listen to every case that is presented in this Court, as well good health and the required physical strength in the performance of your duties. We hope and pray that your colleague, His Honor Joseph N. Nagbe will join you soon with a clean bill of health from his doctor.

We note with sadness the passing of a fifteen active judicial officers beginning with His Honor George C. Katakpa, the late Resident Judge of Criminal Court “E”, 9th Judicial Circuit, Bong County and four former judicial officers, namely,  His Honor Kamoh Soko Sackor, former Associate Justice of the Supreme Court, Her Honor Emma Shannon Walser, the late Judge Resident Judge of the First Judicial Circuit, Criminal Assizes “A” and His Honor Richard Flomo, former Resident Judge of the 9th Judicial Circuit, Bong County and Brig. General Jehu T. Stryker, former Marshall of the Supreme Court of Liberia. WE express condolences to the bereaved families on behalf of the LNBA.

We applaud your honors for the tremendous progress made, since the last opening of this court, in human resource development and infrastructural development. We also commend the court for hosting a national judicial conference. We note that these laudable efforts of the Judiciary would not have yielded the expected results without the cooperation of the government of Liberia and its international partners. We encourage the judiciary to continue these capacity-building efforts. We also call on government to increase the budget of the Judiciary.

We take particular note of the issues of judicial influence and the freedom of expression highlighted in the Opening Address. Disagreement, your honors, no matter how it may be expressed must always be viewed as the kernel of democracy. Some expressions of disagreement may be in words that may be considered unpleasant by others; yet some may be pleasant words, but not considered factually truthful; yet still, some may be a combination of both but fundamentally flawed in analyses and conclusions. The important thing is that in a democracy there must be an unfettered flow of views on the functioning of the three branches of government. While, views expressed by lawyers, party-litigants and observers of the judiciary may be considered not constructive or merely intended to make the judiciary look bad, no reaction of a judicial officer at any level of the judiciary should be for the protection of the image of the judiciary. Image-building is an expression that is meant for those whose positions are motivated by the impression of the public such as elected officials or appointed officials without a tenure. Public opinions about a judge is not a pre-condition for maintaining a judicial office. What is needed of a judicial officer is to uphold the oath of his/her office at all times and to remain loyal to his/her conscience and country in the performance of his/her duties as a judge. There is no history that a judge has ever been removed from office in Liberia because of a newspaper report or comment made by any citizen or observer of the court. In fact some of the very brutal expressions regarding decisions of the Court have, on some occasions come from justices of the Supreme Court, for example, in their dissenting opinions. The view held by the public of the existence of judicial corruption, for instance, has been publicly shared by members of the judiciary, sometimes at the highest level. For example on one occasion, the late Chief Justice Johnny Lewis said, “The judiciary needs to be cleaned up and public confidence restored in the courts system” Liberia: Too few judges, too many cases snag rule of law – Liberia | ReliefWeb. At the opening of the May Term of Court, the press reported the following on remarks made by the Chief Justice, “Chief Justice Francis Korkpor on Monday, May 9 openly admitted that Liberian Judges are corrupt without mentioning the name of any individual judge.  The Chief Justice’s admittance to corruption in the Judiciary comes after some international reports had cast dark cloud over the independence and transparency of the third branch of government earlier.” Chief Justice Admits to Judges’ Corruption (theworldnews.net). These comments by a former Chief Justice and one by the current Chief Justice may not be considered constructive by some because they were not definite about the judicial officers whose conducts motivated these remarks. It is the view of the LNBA that free expression of views should not be curtailed or discouraged in any manner, shape or form and that critical views about the judiciary should encounter no disciplinary action, but same should be taken in good faith by all members of the judiciary as was done in the case of the two chief justices. Our Constitution provides for equal treatment before the law. There is more good in criticism than any harm that may be done by it. We cannot build a free society without freedom of expression.

On the issue of delay in bringing finality to cases at the Supreme Court, the LNBA joins Your Honor in appealing to members of the bar in filing their briefs in keeping with the Rules of the Supreme Court, in order to give ample time to the bench to read the briefs before assigning cases  for argument. While we will make no excuse for lawyers that are derelict in the performance of their duties, we must bring to the attention of this honorable that some lawyers, too, have perennially complained that they have argued cases and waited for several terms of court without this Court’s opinions in those cases. It is obvious that the failure or delay in making decisions in cases that have been argued before this court is also a major source of delay in concluding cases brought before this court on appeal. Such actions on the part of this Court tends to undermine public confidence in the Judiciary.

There is another observation about this Court that is becoming popular among lawyers, their clients and the greater Liberian society. That view is that the decisions of this Court, in some cases, tend to create doubts and sometimes confusions as to the implication and sometimes implications of the Court’s decision. It is important that this Court as the final arbiter of all disputes in the Republic of Liberia be crystal clear in all its decisions, in order to aid the Liberian people in sustaining the peace that they continue to build after 14 years of fratricidal civil conflict. In short, the Court must be clear and unambiguous in its decisions.

Your honors and members of the Supreme Bar, as today is the last occasion for me to address this Court as President of the Liberian National Bar Association, permit me to use this occasion to express the deep joy that I have felt each time that I have stood here to speak on behalf of the Liberian National Bar Association. On this case, I want to thank your honors for the patience that you have had to listen to my views, which occasionally, may not have been as complementary as you would have loved them to be. I entertain no doubt that you will accord my successor an even greater level of cooperation and patience. May the Almighty God Bless your honors and this Court for the entire period of the October Term of Court.

I thank you.