By Grace Bryant Mollay
The former Associate Justice, Philip Banks, has emphasized the importance of relying on evolving evidence in the country and promoting public education on legal matters, aimed at explaining the law accurately rather than leaving it to non-lawyers or politically motivated interpretations.
Speaking on the Super Morning Show on ELBC on April 29, Justice Banks urged Liberians to uphold respect for the Supreme Court’s authority, even when its opinions spark disagreement.
“It is important that the interpretation of the law be left to those with a genuine understanding, rather than those with political agendas,” he emphasized.
He stressed a key principle, “Even if one disagrees with the court’s decisions, obedience to the court’s ruling is essential.”
Drawing from personal experience, including cases where he dissented from the majority opinion, he highlighted the solidarity citizenship case involving the Code of Conduct noting that he believed citizens have standing to sue and that the Code of Conduct should have applied to all public officials, not selectively.
He noted that while political controversies may arise from rulings, it is important to engage in critical discussions but with respectful analysis which does not undermine the authority of the court.
He recalled how he dissented when the court ruled that citizens lacked standing to challenge the Code of Conduct, arguing that instead, every public official should be equally accountable under the law.
“I disagreed with the majority. I believed citizens have standing But despite my disagreements, I taught my students then and I will say it again; now even if you disagree with the Supreme Court, you must obey its rulings. Once the court has spoken, it becomes the law,” he disclosed.
He emphasized that while political debate and legal analysis are natural, they must always be framed within respect for judicial authority adding, “There will be controversy, yes. But obedience to the Supreme Court is not optional.”
With the matter still before the court after a petition was filed, he explained that enforcement of the recent decision remains paused.
Supreme Court rules provide losing parties with a 72-hour window to file for reconsideration. If accepted, enforcement is suspended until the Court resolves the petition.
He noted that during the drafting of the current Constitution, it was recognized that many Liberians believed the old Constitution was inadequate or obsolete, and many citizens were not sufficiently familiar with its contents.
