At last, there may be 'light at the end of the tunnel' for the recent legal challenge placed before the Supreme Court of Liberia against the Bong County Legislative Caucus. Complainant Emmanuel Diabolo, also former Comptroller of the Project Management Committee of Bong County, sought redress from the Supreme Court against the Caucus for his summary and unceremonious dismissal last year.
He had argued that his dismissal by the Chairman of the Caucus, Representative George S. Mulbah and others was illegal and in violation of the Budget law of Liberia, insisting that he was disallowed to continue his three-year term of service on the Project Management Committee of Bong County. When members of the Bong Legislative Caucus thought that the case would have followed the usual pattern initially perceived by them, very little did they realize that the highest court of the land would have pursued the matter to its logical conclusion.
Members of the Supreme Court of Liberia who should have handed down a final opinion on Tuesday, January 15, 2013, called on defendants George S. Mulbah and others and the Complainant to enter into a negotiation. While we hail the Supreme Court for its decision for negotiation in the case Emmanuel Diabolo (Complement) vs Bong County Legislative Caucus (defendant), we are of the belief that Mr. Diabolo considers this as true justice. In view of the Court's decision, it is only hope that Chairman Mulbah and members of the caucus will place sincerity and promptness at the core of such negotiation.
The Bong Caucus must also regard the decision as a verdict against them and wholeheartedly consider such as a lesson well learnt, as well as ensure that such a heartless attitude exhibited against a citizen they claim to be representing is not repeated. While it may seem that the Bong County Caucus would prefer negotiating a 'pay-off scheme' of Mr. Mulbah, it must also be done without any form of compromise. That is to suggest that while they may not want Mulbah to return to the PMC because of his firmness on the disbursement of the County and Social development Funds, they must also give him severance benefits, as well as pay for damages caused him in addition to his salaries for the remaining two years for which he should have worked before being arbitrarily dismissed.
The Legal challenge posed by Emmanuel Diabolo must now be considered as a springboard to discourage the Bong Legislative Caucus and others from regarding the County and Social Development Funds as their "diamond creeks". When this is done, projects financed by these funds, including the Gboveh Community College in Gbarnga, would progress speedily around the country. It is no secret that most of these projects are stalled as the results of the manipulations and trickeries characterizing these funds.
It is indeed disheartening and humiliating that these lawmakers would be earning huge salaries, special allowances, daily domestic sustenance allowances and other benefits and at the same time, micro-managing and tapping into funds allotted for the growth and development of their respective counties. The task now for citizens and civil society organizations in the counties to begin more actively involved in the monitoring of the funds so that they physically impact their counties, as well as the socio-economic well-being of citizens.
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The Supreme Court Liberia has put friendship and connections before the county as well as Liberia's interest. Why did the court urged these men to negotiate when in fact the court should have eiher answer the question whether it was proper for the caucus to fire this gentleman or allow him to complete his term since he was elected by the people? This kind of ruling doesn't sit well for Liberia's democracy. The Supreme Court should not turn itself into a palava hurt but rather the court should interpret the law. I am not a lawyer, but I believe the caucus is wrong, but the court doesn't want to rule against them because they are friends. The PMC guy didn't commit any crime like stealing the county funds, but since the caucus couldn't make him to share the county money with them, Mulbah decided to fire him and replace him with someone who will share the county money with the caucus. The the Supreme Court of Liberia couldn't hand down a clear ruling in such a simple matter. I believe Liberia is not heading anywhere because corruption and abuse of public office will continue forever until Liberia gets a president that believes in the rule of law. The Supreme Court of Liberia is not an independent branch of government in Practice. It may look so on paper, but in actuallity, the court is tie to the Executive Branch and whatever the president says, it is the final. So this ruling tells me that President Sirleaf told the court not to rule for this gentleman, but they should negotiate. In another case when Bong County Attorney General decided to prosecute former Superintendent of of Bong County Jackson for stealing the county funds, President Sirleaf blocked such prosecution because corruption in Liberia is part of our culture according to the President's own word. Let this guy go back to managing the PMC for Bong County even if the money is kept in the account until his term is over. Mulbah and other caucus members will eat this money as soon as possible and no project will be implemented in Bong County if they change Emmanuel. The Supreme Court of Liberia has failed Bong County and Liberia. This court cannot be trusted to dispense justice to poor Liberians, but if you have money and connection with the Executive Branch, then justice will come your way. What a shame of educated Liberians who have used their education to destroyed Liberian institutions. This court should be renamed as President Sirleaf Supreme Court instead of Liberia Supreme Court.