IMPEACHMENT vs. WITCH-HUNT
IN THE MATTER OF THE IMPEACHMENT PROCEEDINGS AGAINST JUSTICE JA'NEH
SUMMARY OF THE FACTS
Two of Montserrado County's Lawmakers filed a petition with the Lower House for the impeachment of Justice Kabineh Ja'neh for treacherous and fraudulent activities.
THE PETITION ALLEGED INTER ALIAS THAT:
1. That Justice Ja'neh misinterpreted and or
misapplied the Code of Conduct during the
peak of 2017 Elections.
2. That one Mr. Austin Clark was dragged to court by Ecobank Liberia on ground that he owed the bank and after exhibiting his records it was proven that he had paid the bank after which he filed a civil suit of damages against the bank and was awarded a verdict of One Million United States Dollars. To said ruling Ecobank lawyers excepted and went by a writ of certiorari to the Justice in Chambers then, His Honour, Justice Kabineh Ja'neh who granted the certiorari (to review the proceedings of the court below).
3. That Justice Ja'neh connived with J. Neyma Constance Jr. to illegally acquire a piece of property located in Sinkor, owned by Madam Annie Yancy, the surviving wife of the late J. Nyema Constance, Sr. It is important to note that in the referenced case, Letter of Administration of the property was legally issued to Constance, Jr. and a legitimate Decree of sales was issued by a competent tribunal/ court! Predicated upon these legal instruments, Justice Ja'neh purchased the land in question as far back as 1996 when he was not an Associate Justice of the Supreme Court.
The above facts summary is the basis of this impeachment proceeding.
IN COURSE OF THE HOUSE'S PROCESSING OF ITS PETITION, THE EMBATTLED JUSTICE MADE APPLICATION FOR THE WRIT OF PROHIBITION (TO ESTOP THE THE HOUSE FROM PROCEEDING WRONGLY IN VIOLATION OF HIS DUE PROCESS RIGHTS). THE JUSTICE'S REQUEST WAS GRANTED, BUT THE HOUSE REFUSED TO HONOUR SAME.
Now, legal minds, let's see whether the Petitioners Petition has the requisite legal reliance to prevail in this case by answering the following questions:
1) Whether or not the Court's (Justice Ja'neh)
interpretation of the Code of Conduct
constitutes ethical breach of judicial
duties as a judge?
2) Whether or not Justice Ja'neh granting of the writ of certiorari in the Austin Clark vs. ECOBANK case is a strange and wrongful legal practice?
3) Whether or not Justice Ja'neh purchase of the property from a duly authorized administrator of an inestate estate under legitimate court decree of sale should be disconsidered as a BONA FIDE PURCHASE?
The answer to all of the above questions is an emphatic 'NO'!
Judges commit no ethical breach when they render rulings, verdicts or opinions based on their candid understanding of the facts, issues and law controlling the dispute brought before them!
It is an acceptable judicial practice for a Justice to grant any remedial writ in accordance with his understanding of the issues brought before him/ her in keeping the procedures required.
When a legitimate letter of administration and decree of sale is issued by the court to a legitimate person as ADMINISTRATOR, any sale by such person is legit! Thus, anyone who purchases such inestate estate is a BONA FIDE PURCHASER!
Given the above and without prejudice and sentiment, any sound legal mind would discredit and discount the ALLEGATIONS levied against Justice Kabineh Ja'neh in the Bill of Impeachment by the Petitioners. The cogent lack of legal review of the Bill by legal minds has made Petitioners' pursuit a 'WITCH-HUNT', therein automatically aborting the purpose and intent of the Petitioners thereby making it seem like a WITCH-HUNT!
By and large, Justice Kabineh Ja'neh is protected by ARTICLE 73, 1986 CONSTITUTION OF LIBERIA, hence he will prevail in this matter!
Note: Justice is not driven on horse's back, but on snake's belly.