ECOWAS Court Rules In Favour of Ousted Associate Justice Ja’neh – Urges Gov’t to Pay Damages


By Julius T. Jaesen, II

Monrovia Liberia: November 10, 2020: The Parrot Online News has gathered from credible sources that the ECOWAS Court is said to have ruled in favour of ousted Supreme Court Justice Kabineh Ja’neh. According to our sources, the Court ruled that the ousted Justice should be given huge sums in damages and or be reinstated on the full bench of the Supreme Court.

It can be recalled on August 2018, former Associate Justice Kabineh Ja’neh was impeached by the House of Representatives over four counts ranging from abuse of judicial power, theft of property, among others. Following his impeachment by the House of Representatives, the matter was forwarded to the Senate for trial.

However, and in light of the fact that the bill of impeachment which became a product of the violation of a court order, and was carried out without a procedure prescribed by the Legislature as required by article 43 of the Constitution, the Chief Justice Francis Kporpor illegally presided over the Senate trial, flouted the law and removed former Associate Justice Kabineh Ja’neh.

It can be recalled that immediately following the senate deliberations, twenty-two Senators voted to remove Associate Justice Kabineh Ja’neh, four voted against his removal, while three abstained from the process. Justice Ja’neh was removed on account of granting a Writ of Prohibition petitioned by petroleum dealers in the country to stop the government from collecting levy/taxes of US$0.25 (road fund) imposed on the pump price of petroleum products.

However, after what was said to be an unconstitutional removal of Justice Ja’neh, he immediately took flight with his appeal to the ECOWAS Court of Justice for “a declaration to the effect that the entire process was unfair and violates the African Charter on Human and People’s Rights and the rights that are guaranteed under the Universal Declaration of Human Rights.

Political pundits and some legal scholars have all posited that the removal of Justice Ja’neh was bereft and devoid of any legal ground or reason, but sadly, it was dogged on political reach and influence of the Executive.

It can be recalled that Justice Ja’neh was the lone Justice in 2017 sitting on the Supreme Court Bench to dissent against a decision not to call off the rerun in 2017 which the CDC eventually won. After reading the majority opinions in November 2017 by Justice Philip A.Z. Banks, ousted Justice Ja’neh was asked by Chief Justice Kporpor to read his dissenting opinion to the majority opinions. It was during such time that Justice Ja’neh maintained that the October 10, 2017 elections was marred by fraud and suggested a rerun of the entire polls. It’s against this background that conventional wisdom would depict that by that action alone, Justice Ja’neh laid bare himself at the anger and grudges of President Weah to be removed from the Supreme Court Bench.

However, information reaching Parrot News Desk says the ECOWAS Court is said to rule in the favour of ousted Justice Ja’neh and asked the Liberia government to pay a huge sum of money to Ja’neh for his unconstitutional removal.

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