By Moses J. Dawoe
-Maryland (freelance)
In a powerful address during the official opening of the November 2024 Term of Court, Judge Nelson B. Chineh of the Fourth Judicial Circuit Court has called for urgent reforms within Liberia’s judicial system to restore public confidence.
Speaking to an audience of legal practitioners, judicial officials and the public, Judge Chineh highlighted the widespread perception of corruption and inefficiency within the judiciary, stressing that judicial actors must take immediate action to reverse this trend.
Delivering his formal charge under the theme “Redefining the Role of Judicial Actors in Restoring Public Confidence in the Liberian Judiciary”, Judge Chineh lamented the heavy caseloads and overcrowding in the country’s prisons, particularly at Harper Central Prison, which he noted is home to many pretrial detainees.
“It is no secret that our courts are overloaded, and the prison system is bursting at the seams,” the judge said. He explained, “If we are to restore the public’s trust in the judiciary, each of us must redefine our roles and act with diligence to ensure that justice is served promptly and fairly.”
Judge Chineh emphasized that restoring public confidence requires a concerted effort from all judicial actors, including judges, lawyers, clerks, and even jurors.
He pointed out that the manner in which each individual performs their duties significantly impacts how the public perceives the judicial system.
Citing the rules governing Magistrate and Traffic Courts, Judge Chineh urged judicial officials to adhere to the statutes, particularly regarding the timely handling of cases.
“When cases are delayed or mishandled, it negatively affects the integrity of the judiciary,” he said.
He also cautioned magistrates and judges against overstepping their legal authority, urging them to refrain from hearing cases outside their jurisdiction.
“Magistrates do not have the authority to hear divorce or labor cases,” Judge Chineh reminded the gathering, stating, “We must be mindful not to embarrass the Judiciary by acting contrary to the law.”
In his charge, Judge Chineh called for judicial independence, urging judges and magistrates to resist improper influence from external actors, whether governmental or societal.
He underscored that a judge should not issue warrants or detain individuals under pressure from powerful figures.
“A judge’s duty is to act solely within the bounds of the law. When we uphold the rule of law, public trust in the judiciary will improve,” he stated.
The judge also highlighted the critical role of lawyers in ensuring a fair trial, emphasizing that a party litigant’s right to competent legal representation is guaranteed under the 1986 Constitution.
“Incompetent or negligent lawyers undermine the fairness of the justice system,” Judge Chineh warned.
Judge Chineh stressed that a positive shift in the public’s perception of the Judiciary could have far-reaching benefits for the nation’s economic growth, peace, and stability.
He pointed out that addressing the backlog of cases, particularly in criminal matters such as the alarming rise in rape cases, was essential to restoring trust.
In response to the charge, former prosecutor and current private attorney, Cllr Joshua Odoi, commended Judge Chineh for delivering a “well-written and almost judicial manual” that would serve as a guide for all judicial actors in the county.
Cllr. Odoi encouraged the attendees to refer to the charge frequently, noting it’s importance in keeping the justice system on track.
Human rights advocate, Mr. Boniface Nyemah, representing the Independent National Commission on Human Rights (INCHR), also took the floor, commending Judge Chineh for his efforts in ensuring justice in previous court terms.
However, Nyemah raised concerns about the increasing number of pretrial detainees, some of whom have been held for over two terms of court without trial.
“This is a clear violation of their rights,” Nyemah said. “Many detainees are languishing in prison without being afforded their days in court.”
Nyemah also called for better resources for law enforcement, including vehicles for police in the county, as well as the expansion of the Harper Central Prison to accommodate the growing number of inmates.
Acting Debt Court Judge for Maryland County, Jefford Torborh, raised concerns about the challenges faced by magistrates in dispensing justice.
He highlighted issues such as limited access to education for magistrates, low salaries, and insufficient resources, including the lack of vehicles to transport prisoners.
“We must recognize that the judiciary is the backbone of the justice system, yet we see magistrates struggling with basic resources,” Judge Torborh said.
Superintendent of Maryland County, Henry B. Cole also delivered remarks, expressing his appreciation for Judge Chineh’s charge.
He acknowledged the importance of self-reflection among judicial actors and emphasized the need for greater accountability in the justice system.
“Let us all take a second look at how we operate in our respective capacities so that justice can be dispensed properly,” Superintendent Cole said.
He also noted the absence of the county’s legal bar association at the ceremony, suggesting that their presence could help address some of the challenges faced in the judiciary.
Judge Chineh’s call for reform was echoed by many, as they recognized the need for a collective effort to rebuild public confidence in Liberia’s judiciary.
As the term of court begins, all eyes will be on the judiciary to see if the promises of reform will translate into tangible improvements in the system.
