The ECOWAS Court of Justice that has the Mandate to ensure the observance of law and the principles of equity in the interpretation and application of the provisions of the Revised Treaty and all other subsidiary legal instruments adopted by the ECOWAS Community has ruled in favour of impeached Associate Justice Cllr. Kabineh Muhammad Ja’neh.The Court also adjudicates in disputes between Institutions of the Community and their officials; has the power to handle cases dealing with liability for or against the Community; has jurisdiction to determine cases of violation of human rights that occur in any Member State; adjudicate and make declarations on the legality of Regulations, Directives, Decisions, and other subsidiary legal instruments adopted by ECOWAS among others.
According to report, the Court ruled ordering the Republic of Liberia to pay former Associate Justice, Kabineh Muhammad Ja’neh, who was impeached from the Supreme Court of Liberia, the sum of US$200, 000 ( two hundred thousand dollars) as reparation for moral prejudice he suffered for the violation of his rights.
The ruling on November 10, 2020 by a three-judge panel led by His Honour Justice Edward Amoako Asante pointed out that the court found the matter admissible within ECOWAS jurisdiction and further ordered the Government of Liberia to calculate and pay Ja’neh all his withheld entitlements, including salaries, allowances and pension benefits as from the date of his impeachment to the date of notification of this judgment.
The panel judges further ordered the reinstatement of Ja’neh as an Associate Justice of the Supreme Court or in the alternative, grant him the right to retire from services from the date of notification of the court’s judgment with full pension benefits in the same vein as if he has retired normally.
It can be recalled that former Associate Justice Jan’eh filed a lawsuit against the Government of Liberia citing his alleged removal which he termed as violation of his human rights especially the right to a fair hearing and impartial trial.
He further claimed that the purported impeachment trial and conviction and removal from office as Associate Justice of the Supreme Court bench of Liberia violated his human rights and dignity as guaranteed under the African Charter on Human Rights and People’s right, the violation of the Liberian Constitution among others.
However, the government has denied violating his human rights and argued that his impeachment was done through a political process which was also followed by due process of the law within section 43 of the 1986 Constitution of Liberia.
The government of Liberia had further argued that the ECOWAS Court is incompetent to review, interpret and apply the national constitution and the domestic laws of the member state.