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ECOWAS Court OF JUSTICE DISMISSED GOL APPEALED; As Former Justice Ja’ neh Says The LAW IS The

  • Writer: Konah Rufus
    Konah Rufus
  • Jun 4, 2021
  • 3 min read

The ECOWAS Community Court of Justice has ruled dismissing the applications of the Liberian Government filed before the ECOWAS Court in February, this year.

In its Judgment today Friday June 5,2021, the ECOWAS Community Court today dismissed the application for judgment review in its entirety for lacking legal merits.

The ECOWAS Court also denied the Weah Government’s request that His Lordship, Mr. Chief Justice Edward Amoako Asante recuses himself from sitting in any and all matters coming before the ECOWAS Court in which the Republic of Liberia is a party. The accusation by the Weah Government that Justice Asante has been partial and bias, according to the ECOWAS Court, has been found to be factually and legally groundless.

Meanwhile, the ECOWAS Community Court this Friday morning ordered the Liberian Government to fully comply with the Judgment of the Court without any delay.

Speaking to reporters after the Court’s Judgment today, Counsellor Kabineh Ja’neh said “the law is the law and no political maneuvering by the Weah Government will change this incontestable fact.” Counsellor Ja’neh also noted that he has been informed by a number of “High Ups” that the Weah Government will remain resolute in its defiance of the Regional Court’s Ruling. Asked what action he will pursue in that instance, Counsellor Ja’neh intimated that there are adequate legal remedies to deal with matters of defiance of the ECOWAS Court’s Ruling.

According to Counsellor Ja’neh, these include the seeking of imposition of sanctions on a disobeying member country of ECOWAS by an aggrieved party. He however hopes “we will not travel that route”.

It can be recalled, the Republic of Liberia early this year requested the ECOWAS Community Court to review its November 10, 2020 Judgment which was rendered in favor of Counsellor Kabineh Muhammad Ja’neh against the Republic of Liberia.

In the November 10, 2020 Judgment, The ECOWAS Community Court of Justice ordered the Weah’s Government to “restore, calculate and pay” Counselor Kabineh Muhammad Ja’neh “all withheld entitlements, including salaries, allowances and pensions benefits as from the date of his (Ja’neh’s) indictment from office up to the date of notification of this judgment.”

The ECOWAS Court also ordered the Republic of Liberia “to reinstate the Applicant (Kabineh Muhammad Ja’neh) as an Associate Justice of the Supreme Court; or, in the alternative, to grant the Applicant (Kabineh M. Ja’neh) the right to retire from service on the date of this notification with full pensions benefits as if he had retired at the normal retirement age of the Supreme Court (of Liberia).”

Further, the November 10, 2020 Judgment directed the payment of US$200,000.00 (Two Hundred Thousand United States Dollars) to Counsellor Kabineh Ja’neh for what the Court termed as “reparation for moral prejudice suffered for violation of his rights.”

The ECOWAS Community Court gave the Liberian Government a period of six (6) month to fully comply with the November 10, 2020 Judgment. But after the Judgment was rendered, providing a period of six (6) months for compliance, the Weah’s Government, on February 1, 2021, filed two applications before the ECOWAS Community Court. In the first application, the Weah Government requested the ECOWAS Court to review the November 10, 2020 Judgment. It contended that the said Judgment “violates the legislative sovereignty of the Republic of Liberia”.

The Government also argued that the declaration made by the ECOWAS Community Court that the impeachment was a “violation of the Applicant’s (Justice Ja’neh’s) right to due process” was a gross oversight; hence the ECOWAS Community Court by holding as such committed “a serious palpable error.”

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