The NEWS (Monrovia)
George Bardue
23 April 2008
Monrovia — A former magistrate of the Monrovia City Court, Cllr. Milton D. Taylor has taken his complaint to the Supreme Court pleading that the court revokes President Ellen Johnson-Sirleaf's decision to remove him as sitting magistrate.
Mr. Taylor said his removal was illegal and arbitrary.
He warned that it would render the judiciary meaningless if magistrates, justices of the peace and traffic and juvenile judges serve at the will and pleasure of the president.
President Johnson-Sirleaf dismissed Cllr. Taylor on March 10, 2008 for granting a LD$200,000 bond filed by an insurance company on behalf of nine Ghanaian crew members.
The Ghanaians were arrested and charged with Unauthorized Possession of Prohibition/Trafficking and distribution of narcotic drugs.
In her letter of dismissal to Cllr. Taylor, President Sirleaf said the LDS$200,000 bond was brought to her attention by Justice Minister Philip A. Z. Banks.
"As you well know, the crew members worked on the Liberian registered vessel, Blue Atlantic, which was seized by the Government with assistance of the French navy and upon which was discovered 92 barrels of cocaine tested and verified to be such substance," she stated in her letter.
President Johnson-Sirleaf also said that Magistrates serve at the pleasure of the President, something which gave her the authority to remove Magistrate Taylor from office.
However, Cllr. Taylor filed a petition for a writ of prohibition to the Supreme Court for judicial review of the President's action.
In his petition, petitioner Taylor said he was nominated by the erstwhile National Transitional Government of Liberia and duly vetted by the National Bar Association in compliance with the Accra Comprehensive Peace Accord.
He argued that President Johnson-Sirleaf acted on information and legal advice of the Minister of Justice.
Petitioner Taylor contended that the President's decision to remove him contravenes the Constitution of Liberia because, according to him, such action simply denies him the fundamental rights to due process guaranteed to every person under the organic law of Liberia.
Cllr. Taylor told Chamber Justice Jamesetta Howard Wolokollie that President Johnson-Sirleaf acted in repugnance to Article 20 of the Liberian Constitution for which prohibition will lie in these proceedings to stop his removal.
He pointed out that a removal of a judicial official at the pleasure of the president not only defeats the purpose and intent of the four years tenure for magistrate, but also undermines the independence of the Judiciary.
Petitioner says his action of granting L$200,000 Insurance bond to the nine Ghanaians as alluded to by the Executive Authority is a judicial function and squarely falls within the constitutional and statutory provisions of law under article 21 (d) of the Liberian constitution.
Article 21 (d) states, "all accused persons shall be bailable upon their personal recognizance or sufficient sureties, depending upon the gravity of the crime charge; unless charged for capital offenses or grave offenses as defined by law."
He maintained that the act of granting bond by a judge, magistrate or justice of the peace is a judicial function and cannot be questioned by any member of any of the branches of government except through judicial review.
Cllr. Taylor's petition indicated that it would render the judiciary meaningless if magistrates, justices of the peace and judges serve at the will and pleasure of the president.
He prayed the Supreme Court to undo the action of President Johnson-Sirleaf by issuing an alternative Writ of Prohibition against the respondents.
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