CHIEF JUSTICE ADDRESS AT THE OPENING OF THE SUPREME COURT OCTOBER 2018 TERM

Since we took over the helm of the Judiciary, considerable progress has been made. No one can deny this. The evidence abounds in the number of judicial facilities constructed throughout the country, the programs and policies initiated to build capacities and improve systems, and the employment of additional judicial workers to man judicial premises and cope with increasing workloads, amongst others.

 

 

OPENING ADDRESS OF HIS HONOR FRANCIS S. KORKPOR, SR.

CHIEF JUSTICE, SUPREME COURT OF LIBERIA

OCTOBER 2018 TERM

OCTOBER 8, 2018

 

Mr. President;

Madam Vice President;

Mr. Speaker & Members of the House of Representatives;

Mr. President Pro Tempore & Members of the Senate;

My Colleagues of the Supreme Court;

Former Chief Justices & Associate Justices of the Supreme Court;

The Minister of Justice & Dean of the Supreme Court Bar;

The Doyen & Members of the Diplomatic Corps;

The President & Members of the National Association of Trial Judges;

The President & Members of the Liberian National Bar Association;

The President & Members of the Association of Female Lawyers;

The President  & Members of the National Association of Public Defenders;

Madam Court Administrator & Staff of the Judiciary;

Members of the Press;

Distinguished Guests, Ladies and Gentlemen:

 

On behalf of the Members of the Supreme Court and the entire Judiciary, I welcome all of you to the opening of the October 2018 Term of this Court. We especially welcome Your Excellencies, President George Manneh Weah and Vice President Jewel Howard Taylor for honoring our invitation. I should note that this is the first time, since I have been on the Supreme Court Bench, for the first two highest officials of the Executive Branch of Government to attend the opening of this Court together. We also say a special thank you to the Speaker of the House of Representatives and the President Pro Tempore of the House of Senate for gracing this occasion with their presence.

We are grateful to God Almighty for His bountiful blessings during the March 2018 Term of Court; we entreat His continued guidance as we begin the October 2018 Term.

We open today with a quorum of four (4) Justices. On September 25, 2018, Mr. Justice Kabineh M. Ja’neh travelled out of the country for medical reasons; he indicated that it was unlikely that he would be back in time for the opening of Court today and therefore asked to be excused. I expect that he will be with us during the course of next week when we begin to hear cases.

You will also observe that today’s opening program coincides with the seating of Associate Justice Joseph N. Nagbe, the newest member of this Court. Former Associate Justice Philip A.Z. Banks, III, having reached age seventy, was honorably retired in accordance with Article 72 (b) of the Constitution of Liberia. The official program for his retirement took place in the Chamber of this Court on August 7, 2018. Justice Banks was appointed to the Supreme Court Bench in 2010 by former President Ellen Johnson-Sirleaf and served with distinction for eight (8) consecutive years. His retirement created a vacancy which was filled by the President of the Republic of Liberia, His Excellency George Manneh Weah, by the appointment of Counsellor Justice Joseph N. Nagbe.

We formally congratulate Mr. Justice Nagbe on his appointment as Associate Justice and welcome him into the ranks and files of the Supreme Court and the Judiciary. Justice Nagbe  comes to the Court not only as a Counsellor who has practiced law for many years, but he also brings a wealth of experience from the Legislature where he served for many years, first as a member of the House of Representatives and subsequently as a member of the House of Senate for Sinoe County. We have no doubt that making the transition from the Legislative to the Judiciary Branch of Government, his presence on this Bench will be an added advantage of the work of the Supreme Court.

Also honorably retired from active service in the Judiciary at age seventy during the period in review were two Circuit Judges – His Honor Emery S. Paye, former Resident Circuit Judge, 8^th Judicial Circuit, Nimba County and Her Honor Amymusu K. Jones, former Resident Circuit Judge, Fifth Judicial Circuit, Grand Cape Mount County. Judge Emery Paye was retired on July 20, 2018, in Sanniquellie, Nimba County; while Judge Amymusu Jones was retired on August 3, 2018 in Robertsport, Grand Cape Mount County. Unfortunately, about a month after her retirement, we lost Judge Amymusu Jones to the cruel hands of death.

The Judiciary also lost His Honor S.  Geevon Smith, Resident Circuit Judge, 14^th Judicial Circuit, Rivercess County. He passed on July 26, 2018. Judge Smith’s service in the Judiciary spanned over thirteen (13) years. Other members of the Judiciary who passed during the period in review are:

      No. Name                                     Position                          Assignment                          Date of Death

1. His Honor Francis Danuweli Debt Court Judge        Bong County                   March 29, 2018
2. Johnson N. Toe Stipendiary Mag.         Grand Kru County           April 21, 2018
3. Gavego Jallah Associate Mag.             Lofa County                    Aug. 20, 2018
4. Myer S. Wiah                      Associate Mag.            Sinoe County                 April 18, 2018
5. Thomas Nyema Associate Mag.              Grand Kru County         Sept. 12, 2018
6. Menyon Adonis Associate Mag.              Rivercess County           May 19, 2018
7. Paul T. S. Dohnty Magistrate Clerk            Margibi County               Aug. 8, 2018
8. Josiah S. Danyar Magistrate Clerk           Grand Kru County           Mar. 29, 2018
9. Morris Fahnbulleh Elevator Technician       Montserrado County       Sept. 17, 2018
10. William Paye Bailiff                           Grand Bassa County      July 22, 2018
11. Asher Cooper                        Bailiff                           Margibi County               July 11, 2018
12. Mohammed David  Bailiff                              Margibi County              Aug. 10, 2018
13. Samuel Gaynor  Bailiff                              Margibi County              Sept. 3, 2018
14. Molley V. Seh, Jr.                    Bailiff                           Gbarpolu County            April 26, 2018
15. Wilmot W. Nimely                    Bailiff                             Grand Kru County           May 16, 2018
16. Philomena Panton Recorder                        Maryland County             April 23, 2018
17. Francella Dickson         Recorder                        Montserrado County       June 19, 2018
18. David W. Saydee Security                          Montserrado County        June 24, 2018
19. James Tarsleh Security                          Montserrado County        July 16, 2018
20. Emmanuel H. Harmattan Security                          Montserrado County        Aug. 23, 2018
21. Daniel K. Coke      Caretaker                        Montserrado County        Sept. 11, 2018
22. Andrew Clarke      Messenger                       Montserrado County        Aug. 3, 2018
23. Daniel B. Soribah      Associate Mag.                Lofa County                     Sept. 23, 2018
24. Bendu Dukuly Bailiff                             Montserrado County        Oct. 2, 2018

 

I ask that we rise and observe a minute of silence to the memory of these dedicated judicial workers. May their souls rest in peace and may light perpetual continue to shine on them.

During the March  2018 Term of this Court, we heard and decided a total of 35 cases; two other cases heard during the same term of court involving remedial writs were decided shortly after the Court closed sine dine making it a total of 37 cases. Amongst the cases heard were the petitions of seventy-five (75) attorneys-at-law who applied to be admitted as counselors of the Supreme Court Bar. After hearing the various petitions, the names of seventy (70) attorneys-at-law were passed upon and submitted to the Boards of Examiners to be examined. Two (2) of the applicants were granted dispensation by this Court. This means that they did not have to sit the written examinations. A report from the examination committee revealed that fifty-five (55) attorneys-at-law sat the examinations and thirty-eight (38) passed; the successful candidates were duly admitted to practice as Counselors-At-Law.

 

I see that a good number of the new Counselors are making their debut appearance today at the opening of this Term of Court. We welcome you to the Supreme Court Bar. As you embark on the practice of law before this Court, we admonish you to always remember the oath you took- to demean yourselves as respectable and honorable citizens, uphold the Constitution and statutory laws of Liberia and rules of all courts, do nothing to undermine the dignity, authority and integrity of the courts, preserve inviolate the secrets of your clients, abstain from offensive personalities and avoid connection or association with shady, dishonest or dishonorable transactions. I implore you to abide by this oath and be exemplary in the practice of the legal profession.

Members of the Bar, ladies and gentlemen, I am pleased to report that notwithstanding some daunting challenges, the Judiciary remains fully functional throughout the country. Circuit Courts, Specialized Courts and Magistrates Courts continue to adjudicate cases within their respective assigned areas and file returns in keeping with the mandates given them. These returns of Judges are compiled and analyzed to guide us in planning and decision making and they are posted on the Judiciary website (www.judiciary.gov.lr)

 

At the same time, we continued with the implementation of existing projects and programs of the Judiciary and attended local as well as international trainings, workshops and seminars; some of which we mention as follows:

 

1. The Judicial Complex housing the 7^th Judicial Circuit Court, Zwedru, Grand Gedeh County, is nearing completion. The contractor and our engineer have confirmed that the project will be ready for dedication in early January, 2019.

 

2. Renovation and expansion works are being carried out on the 15^th Judicial Complex, Fishtown, River Gee County.

 

3. The James A.A. Pierre Judicial Institute established by the Supreme Court in 2008 for the training of Judges and other judicial personnel is currently conducting the third cycle of Professional Magistrate Training Program with support from USAID through LPAC. With the exception of some of our sitting Magistrates who sat and passed the aptitude test, the rest of the participants are college graduates who are recruited and trained to serve as Associate Magistrates. This 3^rd batch of trainees, when graduated and deployed, will bring to 180 the number of trained Professional Magistrates against a projected target of 300 Associate Magistrates expected to be trained by the JI and deployed throughout the country. The program has proved to be very successful in enhancing the knowledge of the law and performance of Associate Magistrates who man our courts of first instance. We thank USAID and LPAC for assisting the Judiciary.
4. The Public Defense Office was also established by the Supreme Court in 2008 to provide legal representation to indigent people. This is a way of enhancing access to justice in fulfillment of Article 21(h) (i) of the Constitution of Liberia. Currently, the Judiciary has thirty-four (34) Public Defenders working in two hundred forty three (243) subordinate courts. We are seeking support from the Swedish Government through UNDP, for the deployment of six (6) additional Public Defenders in counties with only one (1) Public Defender. This will bring to forty (40) the number of Public Defenders in the entire country. Clearly, this number is grossly inadequate.

In our view, an ideal situation would be at least one (1) Public Defender per court to handle criminal cases across the sixteen (16) Judicial Circuits. I am informed that the Public Defense Office and the Legal Aid Section of the Liberian National Bar Association have concluded arrangements to collaborate in providing legal services to indigent criminal defendants. This is a laudable venture.

5. Access to information is a fundamental right guaranteed by the Constitution of Liberia. Article 15(c) of our Constitution provides that no limitation shall be placed on the right of the public to be informed about the government and its functionaries. The Universal Declaration of Human Rights as well as the African Charter on Human and People’s Rights also guarantees the right of the public to know about the activities of the government. It is in due recognition of the public’s right to be informed about the activities of the government that the Judiciary established the Public Information Office. Its mandate is to gather, process, and disseminate news and information of and about the Judiciary to the public. We are pleased to note that with support from the Swedish Government through UNDP, the Public Information Office of the Judiciary was strengthened during the period in review by the employment of three additional support staff members, a Media Relations Officer, Information and Communication Technology Officer and a chauffeur. The Swedish Government through UNDP also donated some assorted office equipment and supplies to the Public Information Office. We thank the Swedish Government and UNDP for the assistance.
6. Court inspection is an important function of the office of the Chief Justice, which by extension, devolves upon the office of the Court Administrator. The need for periodic visits to subordinate courts throughout the country cannot be overemphasized. Since its establishment in 2013, the Court Inspectorate Unit has remained confined at the Temple of Justice with limited visitations to courts across the country. This is due to lack of resources and logistics to roll out into the leeward counties. However, plans are now underway to decentralize the Unit with the establishment of 2 regional offices in central locations in the country to increase court monitoring activities.

 

7. I attended the ECOWAS Judicial Council meeting in Lome, Togo from May 4-10, 2018. The purpose of the meeting was to screen and interview applicants and subsequently make recommendations to the Authority of Heads of State of ECOWAS for appointment to the ECOWAS Community Court of Justice.
8. The Judiciary is a member of the Steering Committee of the Open Government Partnership (OGP). This is a multi- stakeholder coalition of leading government agencies and civil society organizations working to advance transparency and accountability in government with the goal of increasing the responsiveness of the government to its citizens. Upon invitation of its Steering Committee, I was amongst the panelists at the Official Program marking the celebration of the Open Government Week in May this year at the Monrovia City Hall. I spoke on the topic: The Role of the Judiciary in Advancing OGP Principles in Achieving Government’s Pro-Poor Agenda.
9. In May 2018, His Honor Chan-Chan Paegar Associate Judge, Commercial Court of Liberia represented the National Association of Trial Judges (NATJL) at the International Association of Judges (IAJ) Africa Regional Group Meeting held in Algiers, Algeria. During the meeting, Judge Paegar presented a paper on behalf of the NATJL on the topic: Judicial Ethics and its practices in Liberia. Meanwhile, four members of the NATJL, led by its President, His Honor Roosevelt Z. Willie, Resident Circuit Judge, Criminal Assizes “A”; James E. Jones, Debt Court Judge, Montserrado County; Serena F.Garlawulo, Judge, Criminal Court “E”; and L. Ben Barco, Traffic Court Judge, Margibi County, are expected to participate in the annual Meeting of the IAJ scheduled to be held from 14-18 October 2018, in Marrakech, Morocco.
10. Two employees of the Judiciary, Wadeh J. Wisner and Teaner L. Karter, who were granted scholarships by the People’s Republic of China, recently returned home after pursuing graduate degrees in Computer Science & Technology and Project & Organization Management respectively.
11. Three other employees of the Judiciary, Patrick Karmon, ICT Director, Augustine F. Nah, Jr., Assets Management Officer and Romeo L. Quoi, ICT Officer, departed the country for the People’s Republic of China to pursue advanced degrees in their respective disciplines. We thank the Government of the People’s Republic of China for its continuous support to the Judiciary.
12. The Ministry of Foreign Affairs, Republic of Liberia, conducted a two – week Protocol Training for Personnel of the Government of Liberia; six (6) employees of the Judiciary benefitted from the training.
13. In April, 2018, His Honor A. Blamo Dixon, Resident Circuit Judge, Criminal Assizes “C”, Montserrado County, participated in a regional training on the investigation and prosecution of corruption offenses. The training was held in Niamey, Niger under the auspices of the Inter-Governmental Action Group Against Money Laundering in West Africa (GIABA).
14. In July, 2018, His Honor Karboi K. Nuta, Resident Circuit Judge, Criminal Assizes “B” and His Honor Tweh Wesseh, Stipendiary Magistrate, Gardnersville Magisterial Court, participated in an Advanced Judicial Training Course on Cybercrime and Electronic Evidence for Judges, Magistrates and Prosecutors of Anglophone Countries of the ECOWAS Region in Accra, Ghana. The purpose of the training was to establish groups of trainers in the sub-region, who will be able to instruct their peers on how to fulfill their respective roles in cases of cybercrime or crimes involving electronic evidence.
15. In June, 2018, the United Nations Office for Drugs and Crime (UNODC) facilitated a one week workshop on basic training on the legal framework for the investigation and prosecution of transnational organized crime. Two (2) circuit Judges and four (4) magistrates participated in the workshop in Monrovia. Judges who participated in the training are: His Honor J. Boima Kontoe, Resident Circuit Judge, 9^th Judicial Circuit, Bong County; His Honor Chan-Chan Paegar, Associate Judge, Commercial Court; His Honor Nelson Chineh, Stipendiary Magistrate with assignment at the James A.A. Pierre Judicial Institute; His Honor James F. Dudu, Stipendiary Magistrate, Bushrod Island Magistrate Court; His Honor Kennedy Peabody, Stipendiary Magistrate, Monrovia City Court; and His Honor E. Flomo Bana, Stipendiary Magistrate, West Point Magistrate Court.

 

16. Cllr. James C.R. Flomo, Coordinator of the Public Defense Program, was invited by the UNODC to attend an Expert Group meeting on “Quality of Legal Aid Services” in Vienna, Austria from September 26-28, 2018. The objective of the meeting was to develop a handbook to provide guidance and information on the structures necessary to ensure the provision of high quality legal aid services, including models for monitoring and quality assurance.

Since we took over the helm of the Judiciary, considerable progress has been made. No one can deny this. The evidence abounds in the number of judicial facilities constructed throughout the country, the programs and policies initiated to build capacities and improve systems, and the employment of additional judicial workers to man judicial premises and cope with increasing workloads, amongst others. We are committed to continue in this direction in order to bring meaningful reforms within the Judiciary. But let me hasten to say that as judicial reform is an evolutionary process, we still need to do more in spite of the many gains we have made. However, our desire to undertake more reform programs is seriously hampered by the lack of adequate budgetary support.

Over the years, long before and after the civil war and until now, the budget of the Judiciary has remained extremely low compared to the other branches of the Government. As I have said time and again, this does not mean that the running cost of the Judiciary is any less than the running costs of the other branches of government. The Judiciary has many component parts comprising the Supreme Court and subordinate courts.  There is a judicial circuit in all 15 counties. The First Judicial Circuit, Criminal Assizes “A” in Montserrado County is divided into 5 parts: Criminal Courts A, B, C, D, and E.  There are specialized courts: The Probate Court, Debt Court, Labor Court, Tax Court, Juvenile Court, Traffic Court and Magistrate Courts all operating under the Judiciary.  And then there is the relatively new Commercial Court.  The Act Creating Criminal Court “E” also establishes in each county of the Republic of Liberia, a separate and special division of the circuit court to handle sexual offense cases.  The Judiciary is therefore present in all parts of the country, especially through the magistrate courts. There are several magisterial districts in each county, and new ones are being created by law from time to time as the need arises to ensure access to justice.  I have highlighted the operational structure of the Judiciary to make the point that the activities of this Branch of Government are quite enormous and the need to reform so critical such that appropriate budgetary allocations are required.

As I speak, there is an acute need for funds for the purchase of vehicles for our Circuit Judges, Specialized Court Judges and Public Defenders. Without vehicles and logistics, it is extremely difficult to execute the statutory mandate of rotating Circuit Judges.   Last year, the Government of Liberia decided to provide funds to strengthen certain strategic functionaries of the Government, including the justice and security sectors in preparation of UNMIL’s drawdown and eventual departure from Liberia. The total of US $ 1,000,000 was earmarked for the Judiciary. We decided to use the amount to purchase vehicles for Circuit and Specialized Court Judges, since the vehicles purchased for them about seven years ago have outlived their usefulness and are completely worn out. But only US $500,000 of the amount was made available. We purchased 12 Land Cruiser Jeeps with this amount and in our wisdom, assigned them to Circuit Judges in remote and far away circuits. There is an urgent need to purchase vehicles for the remaining Circuit Judges, as well as for the Specialized Court Judges and Public Defenders. We will exert every effort in making representation to the appropriate offices of the Government in this regard.

Members of the Bar, distinguished ladies and gentlemen, we have heard a call or proposal for the establishment of    a ‘judicial oversight committee’ within the Legislature. What surprises me is that the call is being made from an unlikely source. We shall say more on this at the appropriate time, not in the too distant future. But suffice it to say for now that such a call does not only undermine the independence of the Judiciary, but it also directly assails the doctrine of separation of power enshrined in our organic law – the Constitution.

Let me close these brief remarks by reiterating that we have and will continue to work so that the Supreme Court will remain a neutral, non-aligned and non-political Branch of Government – a sanctuary to which the injured and distressed, irrespective of color, creed, and religion or political persuasion can seek justice. We will continue to protect the liberty and freedom of all. It should be clear by now, judging from our many positions and opinions that this Court favors no particular person or institution, including the Government. Of course, if the Government is in the right, we will not hesitate to say so; but the converse is also true. We will remain only on the side of the law. So, party litigants who have matters before this Court should harbor no fear or apprehension of the expected outcome of their cases. Your fate will be decided solely on the facts and the laws applicable.

I admonish all Counsellors who have cases before us this term to make early requests for assignments.

And now, by the power vested in me, I announce the October 2018 Term of this Court duly opened for business. May God bless the Supreme Court and may He save the State.

I THANK YOU.