2017 SUPREME COURT OF LIBERIA DECISIONS


Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONORABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA SITTING IN ITS MARCH TERM, A. D. 2017   BEFORE HIS HONOR: FRANCIS S. KORKPOR, SR………………….CHIEF JUSTICE BEFORE HIS HONOR: KABINEH M. JA’NEH………………….. ASSOCIATE JUSTICE BEFORE HER HONOR: JAMESETTA H. WOLOKOLIE…………ASSOCIATE JUSTICE BEFORE HIS HONOR: PHILIP A. Z. BANKS, III……………….ASSOCIATE JUSTICE BEFORE HIS HONOR: SIE-A-NYENE G. YUOH…………………..ASSOCIATE JUSTICE   Harrison S. Karnwea & Liberty Party………APPELLANTS    )  Appeal from the                                                                                                 )  Decision of the VERSUS                                                                                 )   National Elections The National Elections Commission (NEC), represented      )   Commission, by and thru its Chairman, Cllr. Jerome G. Korkorya, and      )   …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONORABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA SITTING IN ITS MARCH TERM, A.D. 2017 BEFORE HIS HONOR:  FRANCIS  S. KORKPOR, SR. …………………………..CHIEF JUSTICE BEFORE HIS HONOR:  KABINEH  M. JA’NEH ……………………………..ASSOCIATE JUSTICE BEFORE HER HONOR: JAMESETTA  H. WOLOKOLIE ………………….ASSOCIATE JUSTICE BEFORE HIS HONOR:  PHILIP A.Z. BANKS, III …….…………………..ASSOCIATE JUSTICE BEFORE HER HONOR: SIE-A-NYENE  G. YUOH ………………………….ASSOCIATE JUSTICE   Ambassador Jeremiah Congbeh Sulunteh, Vice Presidential ) Aspirant of the Alternative National Congress of Airfield      ) Shortcut, Tubman Boulevard, Sinkor, Montserrado County  ) Republic of Liberia……………………………………..…1ST APPELLANT ) ) AND                                                                          ) ) Alternative National Congress represented by its               ) Chairman, Mr. Lafayette Gould of the City of                    ) Paynesville, Montserrado …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA SITTING IN ITS MARCH TERM, A.D. 2017 BEFORE HIS  HONOR:        FRANCIS S. KORKPOR, SR……………..……CHIEF JUSTICE BEFORE HIS  HONOR:        KABINEH M. JA’NEH.……………………..ASSOCIATE JUSTICE BEFORE HER HONOR:       JAMESETTA H. WOLOKOLIE……………ASSOCIATE JUSTICE BEFORE HIS   HONOR:      PHILIP A.Z. BANKS, III …………..……..ASSOCIATE JUSTICE BEFORE HER HONOR:       SIE-A-NYENE G. YUOH ………………….ASSOCIATE JUSTICE _________________________________________________________________________ Abu Bana Kamara, Assistant Minister for Administration,             ) Ministry of Posts and Telecommunications, Government             ) of the Republic of Liberia, of the City of Monrovia, Republic        ) of Liberia…………………………………..…………..Petitioner       )                             Versus                                                                  )      PETITION FOR A The National Elections Commission by & thru its                         ) WRIT OF PROHIBITION Chairman …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIB ERIA SITTING IN ITS OCTOBER TERM, A. D. 2016 PETITION FOR DECLARATORY JUDGMENT Heard: July 18, 2016.                                                                                                      Decided: March 2, 2016 MR. JUSTICE JA’NEH DELIVERED THE OPINION OF THE COURT.    
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONORABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA SITTING IN ITS OCTOBER TERM, A.D. 2016 Heard: November 22 and December 5, 2016.                                                                 Decided: March 3, 2017. MR. JUSTICE BANKS DELIVERED THE OPINION OF THE COURT. The legal profession is one of the most profound professions. The way it operates, like the medical profession, for example, can determine the life or death of a citizenry. If it operates poorly, the nation and the people feel the repercussions. The slightest mistake a lawyer makes …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIB ERIA SITTING IN ITS OCTOBER TERM, A. D. 2016 PETITION FOR DECLARATORY JUDGMENT Heard: July 18, 2016.                                                                                                      Decided: March 2, 2017 MR. JUSTICE JA’NEH DELIVERED THE OPINION OF THE COURT. Our forebearers have vested in the Supreme Court of Liberia the colossal power to determine the consistency with the Liberian Constitution, of any Act of the Legislature, any Treaty concluded by the Liberian State, Executive Order issued by the President of Liberia or any traditional custom or regulation; and to declare as “void and of no legal effect” any law the Court determines to be in conflict with the Constitution. Chapter I, Article …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIB ERIA SITTING IN ITS OCTOBER TERM, A. D. 2016 PETITION FOR DECLARATORY JUDGMENT Heard: July 18, 2016.                                                                                                      Decided March 3, 2017 MADAM JUSTICE  JAMESETTA  HOWARD  WOLOKOLIE DISSENT The Liberian Constitution, Chapter 11, Article 90 (c), devolves upon the National Legislature the duty to prescribe a code of conduct for all public officials and employees, legislating acts which constitute conflict of interest or acts against public policy, and to derive penalties for the violation thereof. In consonance therewith, the 53rd Legislature, on June 20, A.D. 2014, passed into law an Act entitled, “An Act of the Legislature prescribing a Code of Conduct for …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIB ERIA SITTING IN ITS OCTOBER TERM, A. D. 2016 PETITION FOR DECLARATORY JUDGMENT Heard: July 18, 2016.                                                                                                      Dissent Filed: March 2, 2017 MR. JUSTICE BANKS DISSENTING. Today I have, as I believe have most Liberians, shared tears for Liberia, for by the decision of the majority colleagues of this Court, some of the most sacred rights of the people and the most sacred provision of the Liberia Constitution have been shredded and placed into a waste vent, and by the Act the Constitution has been turned upside down on its head. This is the second time that a challenge has been mounted …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIB ERIA SITTING IN ITS OCTOBER TERM, A. D. 2016 PETITION FOR THE WRIT OF PROHIBITION HEARD: August 18, 2016                                                                                              DECIDED: February 17, 2017 MADAM JUSTICE YUOH DELIVERED THE OPINION OF THE COURT Ever and anon, the Supreme Court of Liberia has admonished all legal practitioners that the law is a noble profession and that it represents the embodiment of the moral of the society. The Court, in numerous opinions, …
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Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed opinion pamphlets. In case of discrepancies between the print and electronic versions of an opinion, the print version controls. Download PDF version here IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIB ERIA SITTING IN ITS OCTOBER TERM, A. D. 2016 APPEAL Heard:   April 23, 2013                                                                                                   Decided:   February 17, 2017. MR. JUSTICE BANKS delivered the Opinion of the Court. The Supreme Court of Liberia, gravely concerned about how the estates of decedents, testate and intestate, were being managed and the problems being encountered in the administration or maladministration of those estates, attributed to the trustees, administrators, the probate courts, and counsel pursuing matters for the estates, has in a number of recent opinions tried to fashion out some course to address those issues. In those Opinions, this Court has focused substantially on core factors which …
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