By Grace Q. Bryant
The Justice in Chamber, Yamie Q. Gbeisay, has set aside May 8, for the hearing of a petition of a Writ of Prohibition filed by District 5 Nimba County lawmaker Samuel G. Kogar against some members of People’s Unification Party (PUP).
Some members of the PUP are James Emmanuel Nuquay; Tokpah J. Mulbah; Benjamin K. Massaquoi; Bish A. Dolo Kerkulah; L. Moses Klyean Kwehai; Abel Y. Dolokelen; Amos Y. Flomo; Morris Barbay; Patrick Cole; David Chelly; James M. Kolleh and Edward Karfiah.
“You’re are hereby cited to a conference with his honor on Monday, May 8, 2023 , at the hour of 10:00 am in connection with the petition for a writ of Prohibition,” Justice Gbeisay commanded.
The Associate Justice also ordered the both parties to stop all further proceedings and actions pending the outcome of the conference.
The Justice in Chamber’s decision was based on an eight-count petition filed by Kogar requesting the court to order the issuance of the Alternative Writ of Prohibition against the respondents.
The petitioner said as chairperson of the PUP, he is among others responsible to preside over all meetings, approve all official communications and documents and therefore approve all monetary spending as would be sanctioned by the National Executive of PUP.
He maintained that he is responsible to report quarterly to the NEC in accordance with Section 7.2 (a) and (b) of the PUP by-Laws and constitution.
The petitioner noted that without regard to the dignity and sanity of his responsibilities and duties to the party and Liberia, some members led by Nuquay and others elected to assume the responsibility of the chairperson when they convened a secret meeting outside of the constitution of the PUP.
“Any officer or members of the NEC shall have the right to request a meeting regarding issues of importance to growth and development of the PUP ‘but’ through a written communication to the National Chairperson,” he noted.
He explained that the respondents continued to carry out the illegal secret meeting and arrived at decisions which are contrary to the practices and processes because they were not done in keeping with Law.
The petitioner emphasized that the action of the respondents to suspend him as chairperson without due process violates the standard of investigation in the jurisdiction, and it is not in harmony with the principle of law.
The petitioner concluded that his constitution rights to due process and equal protection before the law as guaranteed in Articles (c) and 20 (a) of the 1986 Constitution were also violated.
