The Resident Judge Joe Barkon urged members of the Liberia National Bar Association (LNBA) not to remain silence but constructively engage the Boakai administration over its fragrant violation of the rule of law.
During the opening of the 2nd Judicial Circuit Court in Grand Bassa County, on Monday, August 12, the judge based his comment on the suspension of Executive Governor of Central Bank of Liberia (CBL), Aloysius Tarlue.
“From the provision of the Liberian Constitution cited above and the case law as well, let me use this occasion to encourage the Liberian National Bar Association, the Grand Bassa Bar Association, and other professional and advocacy institutions, like civil society, to not sit in silence but should constructively engage the Executive Branch of government and other relevant authorities to provide the space within a reasonable time frame and ensure that the individuals who have been accused of wrongs and suspended from their respective offices be accorded due process of law,” Judge Barkon stated.
Barkon said, “It is to be done in a reasonable way to either exonerate themselves from the allegations levied against them or they be held for the charges after trial than to keep them in abeyance, which is not good for our emerging democracy.”
Article 20(a) of the 1986 Constitution provides, “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 provisions laid down in this Constitution and in accordance with due process of law.”
For example, in recent months of this year, Barkon noted, “Since the inception of the administration of President Joseph Boakai, we have heard on radio and from other media institutions in and out of the Country of the Government’s action of indefinite suspension from duties of individuals with positions from several government Agencies.”
He named the agencies like the Liberia Telecommunication Authority (LTA), the Governance Commission, National Social Security and welfare Corporation (NASSCORP), adding, “and of recent, the Governor of the Central Bank of Liberia, and other allegations of arbitrary dismissal of some government employees at various public institutions.”
“We want to call our government to accord these personalities due process of law so that they can be heard before a court of competent jurisdiction, consistent with the proceedings applicable therein, either to establish their guilt/liability or their innocence and be exonerated of the charges levied against them,” the judge cautioned.
Barkon told his audience that, “History has revealed to us that one of the causes of the Liberian civil conflict was due to the disregard to upholding the basic principles governing the rule of law which encompass the respect for human rights, human dignity and values, and among others, for which we think, we as a nation and people should desist from threading such ugly path again so that we all may live in peace and harmony irrespective of our religion, social class and status, association, ideological beliefs, culture and societal norms, and our expressions to critical national issues tenure.”
Judge Borkon said everyone is duty bound to be law abiding as citizens, residents, and governing authorities for the promotion of good governance and socio justice that will engender peace and stability, attract direct foreign investment for jobs creation, and economic growth and development of our Country.
However, the judge noted that “Anything on the contrary on our part not to have regard for the Rule of Law, it could retrogress our peace and progress we have made over the years, and may lead to civil upheaval and conflict among ourselves, and between those who feel suppressed and oppressed by the governing authorities of the day, which may endanger the peace of our country under such a situation.”
The judge added, “Both the past governments and the present governments of Liberia were and are under binding obligation to have upheld and/or uphold respectively every provision of our Constitution, statutory laws, as well as customary laws of our country to promoting good governance and a peaceful and harmonious society;
Explaining about the due process of law, he said, it was meant “a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.”
According to Judge Barkon, the principle or concept of upholding the rule of law demands from every citizen, resident, the governing authorities of the day to abide by all of the provisions as contained within the 1986 Constitution of the Republic of Liberia and all other Statutory laws enacted by the Legislature from time to time to engender a peaceful, coexisting, and a law abiding society.
