Buchanan — During the opening of the 2nd Judicial Circuit Court in Grand Bassa County on Monday, August 12, Resident Judge Joe Barkon urged members of the Liberia National Bar Association (LNBA) not to remain silent but to constructively engage the Boakai administration over its flagrant violation of the rule of law, citing the suspension of the Executive Governor of the Central Bank of Liberia (CBL), Aloysius Tarlue.
"...let me use this occasion to encourage the Liberia National Bar Association (LNBA), the Grand Bassa Bar Association, and other professional and advocacy institutions, like civil society, to not sit in silence but to constructively engage the Executive Branch of government and other relevant authorities to provide the space within a reasonable time frame and ensure that the individuals who have been accused of wrongs and suspended from their respective offices are accorded due process of law," Barkon said. "This should be done in a reasonable way to either exonerate them from the allegations levied against them or to hold them accountable after a trial, rather than keeping them in abeyance, which is not good for our emerging democracy."
Citing Article 20(a) of the 1986 Constitution, Barkon emphasized that it provides, "No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law."
"For example," Barkon noted, "in recent months of this year, since the inception of the administration of His Excellency President Joseph N. Boakai, we have heard on national radio and from other media institutions in and out of the country about the Government's action of indefinitely suspending individuals holding positions in several government agencies."
He named agencies such as the Liberia Telecommunication Authority (LTA), the Governance Commission, the National Social Security and Welfare Corporation (NASSCORP), and, more recently, the Central Bank of Liberia. He also mentioned allegations of arbitrary dismissal of some government employees at various public institutions.
"We want to call on our Government to accord these personalities due process of law so that they can be heard before a court of competent jurisdiction, consistent with the proceedings applicable therein, either to establish their guilt/liability or their innocence and to be exonerated of the charges levied against them," the judge cautioned, warning Boakai of the violation of the rule of law.
Barkon reminded his audience that "history has revealed to us that one of the causes of the Liberian civil conflict was the disregard for upholding the basic principles governing the rule of law, which encompass respect for human rights, human dignity, and values. We believe that as a nation and people, we should desist from treading such an ugly path again so that we may all live in peace and harmony, irrespective of our religion, social class, status, association, ideological beliefs, culture, and societal norms, and our expressions on critical national issues."
Judge Barkon emphasized that everyone is duty-bound to be law-abiding as citizens, residents, and governing authorities for the promotion of good governance and social justice, which will engender peace and stability, attract direct foreign investment for job creation, and foster the economic growth and development of our country.
However, the judge warned that "anything to the contrary, any disregard for the Rule of Law, could retrogress the peace and progress we have made over the years and may lead to civil upheaval and conflict among ourselves, and between those who feel suppressed and oppressed by the governing authorities of the day, which may endanger the peace of our country."
Similarly, the judge added, "both the past governments and the present government of Liberia were and are under a binding obligation to uphold every provision of our Constitution, statutory laws, as well as customary laws of our country to promote good governance and a peaceful and harmonious society."
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Explaining the concept of due process of law, he said, "It means a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial."
"Let me remind all of us that the labor law of Liberia and the case laws of the Supreme Court of Liberia have, time without number, established that indefinite suspension of an employee for a protracted period without investigation or trial is equivalent to a dismissal," Barkon noted.
According to Barkon, the principle or concept of upholding the rule of law demands that every citizen, resident, and governing authority of the day abide by all of the provisions contained within the 1986 Constitution of the Republic of Liberia and all other statutory laws enacted by the National Legislature from time to time, to engender a peaceful, coexisting, and law-abiding society.
