By David K. Dahn
An African proverb reminds us that when you swim in a river with crocodiles don’t be surprised when you are eventually eaten up by the crocodiles. Transposing this concept within the realm of academia, it is most likely that when the premise of your logic is faulty your conclusion will definitely become faulty.
I am talking about wrongful precedent in this article and what makes it dangerous. The key word here for me is precedent. What is it? Let’s go to the basis. When I searched the Merriam-Webster, it tells me that a precedent is something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same or an analogous (similar) kind.
I thought to also consult the Oxford dictionary on the same word, precedent. And though not purporting to be a legal actor, I found interest in the definition that the Oxford dictionary has to offer. It says, a precedent is a judgment or decision of a court, normally recorded in a law report, used as an authority for reaching the same decision in subsequent cases.
Mind you, I’m talking about the danger of wrongful precedent. Historically, when Samuel Doe and his men (17) of the People’s Redemption Council (PRC) toppled the government of President William R. Tolbert on April 12, 1980 and subsequently killed 13 other officials by firing squad for “rampant corruption”, among other reasons, little did the nation realize that it was a precedent for subsequent attempted coups.
In 1981, Major/General Thomas G. Weh-Syen(PRC member ), who then served as Vice Head of State to Master Sergeant Doe was accused of an attempted coup. In what was perceived as a hasty three-day trial found Weh-Syen and others guilty. On August 15, 1981, the alleged coup plotters were executed by firing squad. Note this, that Weh-Syen told reporters, hours to his death, to “tell the world” that “if I die, I die for nothing.” In term of precedent, what did we do as a nation?
In 1985, General Thomas Gonkama Quiwonkpa(PRC member and served as Commanding General, AFL) launched an abortive(unsuccessful) coup. He was captured and his body mutilated and put on public display. Again, wrongful precedent. What did we do as a nation?
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In 1988, then came Jlatoh Nicolas Podier(PRC member, and served as speaker and deputy head of state) who had been in self-imposed exile somewhere since 1984 was said to be returning with his men to overthrow President Doe. The government announced that he had died in a gun battle with security forces somehow on one of Liberia’s borders. We only clapped and glorified President Doe as a strong man capable of fending off coup attempts. Again, a wrong precedent under a dubious circumstance. What did we do as a nation?
In1990, we thought that coups were not capable of removing Doe but a guerilla warfare. And so, Charles Taylor launched a guerilla war from Butuo in Nimba County. We cheered Taylor and thought our redemption has come. Now, history reminds me that it was a wrongful precedent. What did we do as a nation?
What happened next was a proliferation of warring factions in the country, including the Independent National Patriotic Front of Liberia(INPFL, which broke away from the National Patriotic Front of Liberia (NPFL) in 1990.
In a time span of about nine months from the beginning of the civil war, President Doe was captured and killed on camera. It was another wrongful precedent but remember too that others were killed before and we did nothing. What could we have done within the context of precedent this time as a nation?
Forming rebel groups became a precedent not to protect any national agenda against external threats but to protect a group, tribe or county. So, understandably the Armed Forces of Liberia (AFL) became a faction as of 1990 as a result of existential threat. In 1991 came the United Liberation Movement of Liberia(ULIMO) which later broke apart in the Mandingo faction(ULIMO K) and Krahn faction(ULIMO J).Between 1993-1996, a faction known as the Lofa Defense Force evolved. In 1999, another rebel group surfaced; Liberia United for reconciliation and Democracy (LURD). The newest faction was the Movement for Democracy in Liberia (MODEL), which unveiled itself in 2003. What did we do as a nation?
At the Capitol Hill, Edwin Melvin Snowe was removed as the speaker of the House of Representatives on allegation of bribery. Was he accorded “due process?” Then Speaker Snowe alarmed, accusing the executive branch of bribing some legislators with USD5,000.00 each to remove him. He ran to the Supreme Court and he won his case but Snowe was in the end removed as Speaker in January 2007. Did the Supreme save him? Nope! A wrong precedent was set. What did we do as a nation?
It was Speaker Alex J. Tyler’s turn to feel the pinch of wrongful precedent. When I searched my notes, I gathered that it was on Tuesday, September 27, 2016 when a resolution was signed by 49 out of the 73 members of the House of Representatives calling for the removal of Speaker Tyler. The resolutionists have argued that their reliance was in keeping with Article 49 of the Liberian Constitution and the House of Representatives rules 48.1 and 48.3. It is interesting to note here that In Tyler’s removal there were close allies of Tyler but surprisingly signed for his removal. Accordingly, there were those considered the Judases in Tyler’s removal. In disbelief those who were considered ranking members of Tyler’s bloc crossed over to the majority. They included Solomon Goerge, Saah Joseph, Garrison Yealue, Samuel Worleh Morias Waylee and Charles Bardly(frontpageafricaonline.com). And that was the icing on the cake. Tyler was out. That was a wrongful precedent but again remember that a speaker had been removed earlier and we all acknowledged it. What did new do as a nation?
While are we surprised that Deputy Speaker Thomas Fallah crossed over to the majority bloc? Fallah is being condemned by his party; CDC and at several other fronts for his action. But wait a while with your condemnation against Fallah. It seems we have forgotten our basic science which taught us that the earth rotates and so time changes. All of the precedents that happened before can happen again. Why are we surprised in Fallah’s case. As a matter of analogy, when Weah was president, the Speaker, Deputy Speaker, Chief Justice, Finance Minister, Defense Minister, Police Inspector General and others were preferred by regional grouping or kinship. Sympathy flourished towards the Weah’s regime from south-east. When the question of regional dominance in government was ever raised, the argument was “It was the president’s constitutional power (over rational and moral thinking) to appoint all his regional associates. That was irrational precedent in governance.
Back to Fallah’s case quickly, he’s from and represents Foyah District. Fallah is attached to CDC by association but he’s attached to Foyah District (which he represents) by kinship. President Boakai is from Foyah. Therefore, they can easily meet and discuss Foyah’s issue. By precedent, can Fallah sacrifice his relations with Foyah and the president for Koffa’s speakership? Remember now by precedent, power has switched from the south-east to the north. Why do we think Koffa can survive this incident now with the involvement of the Same Supreme Court that didn’t save Snowe and Tyler? Wrongful Precedent people!!! What did we do as a nation?
Just to recall another wrongful precedent, Kabineh Mohammed Ja’neh was removed as an Associate Justice of the Supreme Court of Liberia. Under Article 43 of the Liberian Constitution the Legislature is required to set a rule of procedure for such impeachment. But Liberia being a strange country, the Judiciary and the Legislature ignored that constitutional mandate and proceeded with what they called “amended rules 63” to govern the impeachment process. Again, we set a wrongful precedent and now any one on the Supreme Court’s Bench by precedent is vulnerable to removal.
Speaking to the Perspective in Atlanta, Georgia, on May 21, 2019, Councilor Tiawan Saye Gongloe, as President of Liberia National Bar Association(LNBA), declared “The official position of the LNBA has been and still is that the removal of Justice Kabineh M. Ja’neh was unconstitutional.”
Weighing in Justice Ja’neh’s removal, rights advocate and lawyer, J. Alosius Toe on February 16, 2019, as reported by the News Public Trust, wrote then Pro-Tempore Albert T. Chea indicating inter alia “…Supported by records indicate no wrong doing by Justice Ja’neh.” The probing question is was Justice Ja’neh removed for a legal or political cause?
Justice Ja’neh, represented by Femi Falana in association with six other lawyers took his case to the ECOWAS court alleging that his removal violated his right to fair hearing and impartial trial, right to work and dignity of person guaranteed by the African Charter on Human and Peoples Rights, the Universal Declaration of Human Rights and the Constitution of Liberia. The ECOWAS Court ruled in favor of Justice Ja’neh. The Court ordered the Republic of Liberia to pay Justice Ja’neh US$200,000 as reparation for moral prejudice suffered for the violation of his rights.
The Government of President Weah fragrantly ignored the ruling of the court up to date. But in the turn of events, the Same President Weah ran with complaint to ECOWAS when he felt that the Boakai’s Administration was denying him some amenities as ex-president. The funniest action I am pointing out here as a matter of wrongful precedent is that the very Weah and his government consciously disrespected the regional block-ECOWAS. I then wonder what sense was being made by running to the same ECOWAS you demonstrated no respect for as a matter of precedent? What did we do as a nation in Justice Ja’neh’s wrongful removal as a nation?
It is the submission of this authorship that the danger of precedent is that what is done or said now can be used as an example or rule to be followed in the future. Precedent becomes a matter consistency, certainty and reliability.
Have speakers been removed before? Has there been allegation of bribe giving and bribe taking at the Capitol Hill before? Have legislators crossed over from minority to majority bloc before? Has the Supreme Court averted any removal of a speaker or Justice of the Supreme Court before?
On account of precedent, can Speaker Jonathan Fonati Koffa survive the power game at the Capitol this time? I’m waiting to write the outcome.