LNBA Reacts To Abuse Of Power

The Liberian National Bar Association (LNBA) has reacted sharply to what seems to be the “evolution abuse of state power” by frowning on attempts by some state actors to engage in the harassment of lawyers simply on the account of representing their clients.
The LNBA said its attention has been drawn to a recent statement attributed to the Solicitor General of Liberia, threatening to arrest Counsellor Finley Karngar, a member of the LNBA, on the premise that he could not produce a client, in person of Henry Costa who fled the country based on personal security concerns.
It stated assuming that Karngar signed for Henry Costa to have him report for an investigation, the mere fact that the Liberian Government was in the know that Costa had fled the country and the Government said it was initiating discussions with the Government of Sierra Leone to bring him back to Liberia, the matter became mute, therefore, Karngar no longer had any obligation of ensuring the appearance of Costa before any forum, neither was he responsible to answer any question regarding the whereabouts of Henry Costa.
The LNBA in a release statement maintained the position that being the Solicitor General of Liberia does not give Counsellor Sayma Syrenius Cephus, who is also a member of the LNBA, any authority to arrest a member of the LNBA who has not committed any offense under the Liberian law.
The Association further said that for Cephus to perceive, imagine, countenance or entertain the notion that he has such authority is sad, to say the least. The LNBA cautioned the Solicitor General to exercise his authority within the scope of the law and with regard to the rights of all Liberian citizens, including lawyers, as guaranteed by the Constitution of Liberia and the international bill of human rights.
“The LNBA will not tolerate any violation of the rights of lawyers in the execution of the professional obligations to their clients by the Solicitor General or any official of Government and reminded the SG to always take cognizance of section 12.70 of the Penal Law which prohibits the abuse of public office,” the statement noted.
The LNBA warned that it will not hesitate to institute actions and impose appropriate sanctions on Cephus if he were to carry out the threatened arbitrary arrest of Finley, in order to send out a clear message that the Bar will not condone the subjection of lawyers to harassment by state actors and shall always defend lawyers in the protection of their duties.
Additionally, the LNBA said it was taken aback that the Liberia Immigration Service (LIS) would assign unto itself a duty outside of its statutory mandate beyond the Alien and Nationality Law by attempting to investigate a Liberian citizen for alleged possession of false travel document.
The Bar also noted that the principal function of the LIS is to enforce the Alien and Nationality Law, Title 4 – Liberian Code of Laws Revised and not to conduct investigation of Liberian citizens suspected or accused of committing crime. Such a duty, according to the Bar, is strictly assigned to the Liberian National Police.
At the same time, the Bar said that it was concerned about the escalating clampdown on critics of the government, as evidenced by unfounded allegations and threatening utterances coming from highly placed individuals, which may have the net effect of silencing dissents, thereby reversing the gains made in the building of democracy in Liberia and eventually creating an environment for the resurgence of dictatorship in Liberia and civil conflict.
Once again, the LNBA called on the Government of Liberia and all officials of government to take serious note of the fact that the legal profession is the only profession that is protected by the Constitution of Liberia.
Article 21(i) of the Constitution of Liberia provides, amongst other things that “…no lawyer shall be… punished for providing legal services, regardless of the charges against or the guilt of his client…” Solicitor General Cephus and other overzealous officials of governments must resist the temptation to illegally amplify the scope of authority of their offices by taking actions against lawyers that bear the potential of creating a chilling effect on the practice of law and thereby make it difficult for lawyers to protect human rights in Liberia.
The LNBA then assured the Government of Liberia of its willingness to cooperate and collaborate with it in protecting the rights of the people and seek their common good. But it shall not for one minute close its eyes on the violation of the rights of its members in the performance of the professional duties to their clients and any attempt by anyone holding public office in Liberia to depart from subscribing to governance by rule of law to governance by rule of man.