The Perspective
Atlanta, Georgia
March 15, 2020

Cllr. Tiawan S. Gongloe President of the LNBA

Mr. President
Mr. Chief Justice and Associate Justices of the Supreme Court of Liberia
Madam Vice President
Mr. Speaker of the House of Representatives
Mr. President Pro Tempore and Members of the Liberian Senate
Former Chief Justices and Associate Justices of the Supreme Court
The Doyen and members of the Diplomatic and Consular Corps
Mr. Minister of Justice and Dean of the Supreme Court Bar
Judges of Circuit and Specialized Courts
The President and members of the National Association of Trial Judges of Liberia
The Vice President, other officers and Members of the Liberian National Bar Association
The President and Members of the Association of Female Lawyers of Liberia
The President and Members of the Prosecution Association of Liberia
The President and Members of the Association of the Public Defenders
Madam Court Administrator and members of the Clerical and Ministerial Staff of the Judiciary
Members of the Press and Civil Society Organizations
Other Distinguished Ladies and Gentlemen

Once again, we have gathered here before the highest tribunal of justice to answer to the call of His Honor Chief Justice Francis Saye Korkpor, Sr. and his colleagues to witness the opening of the Supreme Court of Liberia, consistent with the schedule established by the Liberian Legislature in the Judiciary Law of Liberia. In accordance with section 2.5 of the Judiciary Law, the Supreme Court Opens on the Second Monday of October and the Second Monday of March. On behalf of the Liberian National Bar Association, we welcome your honors from a well-deserved vacation after hearing 41 cases and rendering judgments in 31. As the March Term of Court is longer than the October Term, we are hopeful that your honors will hear and decide more cases during this term of court.

We note with sadness the information about the home-going of individuals who served in various capacities in the judiciary and the legal profession. May the Almighty God comfort their families. Amongst, these personalities, we join your honor, in recognizing the importance of the resignation of the Late Former Associate Justice M. Kron Yangbe from the Supreme Court Bench in defense of the independence of the Judiciary. His action was a display of an unprecedented commitment to the independence of the Judiciary.

For the benefit of the younger lawyers, a gist of the evidence of this commitment must be repeatedly told. The former Associate Justice resigned, after a two-year suspension imposed on Cllr. Jenkins K. Z. B. Scott, Minister of Justice under M.Sgt. Samuel Kanyon Doe, Chairman of the Interim National Assembly, for contempt of the judiciary, was immediately lifted by the Supreme Court, under pressure from Chairman Doe. It should be noted that, while the resignation of a person holding an elected or appointed position should be considered a normal thing, to do so in reaction to a decision based on the direct order of a military leader was defiant and could have caused his immediate death. But the Late former Associate Justice made a conscious choice in standing up for the independence of the Judiciary, knowing that his decision could have caused him to lose his life. How many of the lawyers in this courtroom are prepared to take such a risk today? The test of commitment to principles is always judged by the decisions that are taken during very difficult times, not during normal times. The LNBA will continue to remember the late former Associate Justice Yangbe for standing up for the independence of the Judiciary without any fear for the consequences of his action.  

We note the information about the appointment of new judges. While we have no question about their professional capabilities to serve in the respective judicial positions to which they have been appointed and we are aware of the constitutional authority of the President of Liberia to appoint them, we would have loved for the Judicial Committee of the Liberian National Bar Association to be given the opportunity advise the President through the National Executive Council of the LNBA on those appointments. This kind of collaboration is good for the avoidance of any mistake and for the full cooperation of members of the LNBA. We appeal to the President of Liberia to seek the advice of the LNBA on the appointment of magistrates, judges, and justices in the future. We want to be a partner of the President in the strengthening of the capacity of the Judiciary to perform the duties assigned to it by the Constitution of Liberia.

Your honor, we applaud the Judiciary and its partners for various actions taken during the last term of court to improve the performance of the judiciary, including, the production of more legal reading materials, the construction of courts and particularly, the opportunities that were given to members of the judiciary for training in Liberia and abroad. These training opportunities provide avenues for continuing legal education (CLE) which is essential for capacity-building. Like the judiciary, the LNBA is beginning to place greater emphasis on continuing legal education. Therefore, this year, the LNBA has conditioned the issuance of a good standing certificate and license on the attainment of ten credits from continuing legal education during the preceding year. Members of the LNBA who attended the Assembly, the law day, the African Bar Convention and the National Convention of the LNBA, have already attained their ten credits. For those who did not attend any of these events to have an opportunity to attain CLE credits, the CLE Committee is offering a one-day training section that will include sufficient topics for attaining ten credits on March 14, 2020, at the ground floor of the Temple of Justice.

Your honors, we note the increase in the number of cases received by the judiciary and the number of cases disposed of at all levels. While there are still challenges that prevent the judiciary from disposing of cases as expeditiously as possible, we must put a positive twist to the increase in the number of cases received during each term of court, especially at the lower courts. In our view, the increase in the number of cases received by the judiciary can be interpreted as a demonstration of increased confidence in the judiciary as a better avenue for the resolution of disputes over trial by ordeal, mob violence and other unlawful means to settle disputes, even with the multiple challenges faced by the judiciary.

Your honor, your observation, and warning that the unlawful sale of land in Liberia and the frequent obstruction of enforcement of court judgments could undermine the peace and stability of Liberia need no further emphasis. It is our view, that the issues of unlawful sale of land and the challenges faced by the court in the enforcement of its judgments are so important that we believe that the holding of a one-week judicial conference that will bring together judges, lawyers, surveyors, ministerial officers of the court, and the police in order to find ways to resolve these issues will be helpful.

Your Honor, the bar notes the importance of the concerns raised by you regarding the challenges faced by the judiciary in the resolution of real property disputes. Specifically, your honor highlighted the increase in the unlawful sale of land and the difficulties experienced by the Court in the execution of its judgments. It is our view, that the issues of unlawful sale of land and the challenges faced by the court in the enforcement of its judgments are so important that we believe that the holding of a one-week judicial conference that will bring together judges, lawyers, surveyors, ministerial officers of the court, and the police in order to find ways to resolve these issues will be helpful. We, therefore, recommend that a committee comprising of lawyers, judges and magistrates be established to work on the modalities for the holding of such a conference. One of the problems that could be solved by such a conference could be providing more education on the Criminal Conveyance Act to magistrates and the police in order for them to get a better understanding of this law which was enacted by the Legislature to curtail the unlawful sale of land.

Currently, once two parties to a land dispute show their land deeds, both the police and magistrates, most often conclude that the title is in dispute, although the parties have the same grantor; hence, the matter should be resolved through an action of ejectment. By such conduct, they tend to miss the point that if A sells a parcel of land to B and the same person (A) subsequently sells the same quantity of land or a portion thereof to C, then the second deed is a clear evidence of criminal conveyance. Also, by that law, if the same surveyor that surveyed the land that B purchased is the same surveyor that surveyed the land subsequently purchased by C, then that surveyor has participated in the criminal conveyance of B’s land to C by A.

On the question of the challenge faced by the judiciary in enforcing its judgments, it is important to note that sometimes, court officers are obstructed by very senior government officials in the three branches of government. One case in point is the case: Ghoussalny v. Nelson et. Al, 20LLR 591(1972). In that case, President Tubman stopped the Sheriff of Montserrado County from enforcing a judgment of the Supreme Court by writing him the following letter:

“ Executive Mansion, Monrovia”

Dear Sir,

You are hereby commanded not to serve any writ of Execution or other relevant document emanating from the Civil Law Court in an action between the L. M Ericson Telephone Company and Mr. Arif Ghoussanly, until otherwise ordered by the Chief Executive. Fair not at your peril.

Given under my hand this 22nd day of April, 1971.

William V. S. Tubman
President of Liberia

For this kind of conduct, the legislature should enact a law that will make the interference with the enforcement of judgments and judicial orders an impeachable offense for elected officials and a ground for dismissal of appointed officials of government and civil servants.

People in position of influence in the three branches of government should discipline themselves enough to allow the legal system to work. Magistrates are the most vulnerable. Recent history has shown that when they make rulings or enter judgments that are not favorable to the state they are removed or transferred. This tends to have a chilling effect on all other magistrates and judges, to make decisions, including rendering and enforcement of judgments involving title to real property. There have also been reports of lawyers telling their clients not to obey court orders. 

This is unethical. Realizing that unethical conduct of lawyers as judges, government lawyers, and private practitioners tend to undermine the rule of law in Liberia, the LNBA has decided to make the issue of ethics the focus of its up-coming Assembly to be held in Montserrado County at the end of March. The LNBA intends for this year’s assembly to be a forum for a brutally frank but civil exchange of views on the issue of the unethical conduct of lawyers and judges. We do not doubt that the Court will support the idea that the Assembly will be a contempt free zone for all lawyers so that they can freely express themselves on the matter that threatens the integrity of the legal profession in Liberia. The National Executive Council decided this year to look inwards and to examine the conduct of its members in order to improve the ethical standard of the practice of law as a way of becoming more meaningful to the Liberian state and people in the strengthening of the rule of law in Liberia.

We look forward to seeing all lawyers and judges at the upcoming National Assembly to be held in Bentol, Montserrado County.

With these brief remarks in response to your honor’s address, we wish you and your colleagues a very successful term of court.

I Thank you.