What happened yesterday at the Chamber of the Supreme Court, when members of the House of Representatives did not even bother to show up before Associate Justice Cianeh Clinton-Johnson, to defend their positions, whether lawmakers have that responsibility to conduct criminal investigation--strongly suggesting they would flout any court order against them.
To make matters worse, there is no document to show that the lawmakers asked for postponement or an excuse, as normally done, when it comes to proceedings in the Supreme Court, the highest court of the land.
Not being discovered by the lawmakers' action, Justice Clinton-Johnson, immediately rescheduled the matter, but with an order for a communication be sent this time, to Speaker Richard Nagbe Koon.
The lawmakers' appearance was for Justice Clinton-Johnson to determine whether they (lawmakers) have the constitutional backing to withdraw a criminal case that is pending before the Criminal Court awaiting indictment, to conduct their own investigation.
This matter arose after lawyers representing Michael Shio, a Chinese national, filed a writ of prohibition against the lawmakers, leading to a temporary halt in the investigation. Shio is accused of attempting to murder a Liberian citizen, Momo David, on January 13, 2025.
However, it remains to be seen whether Speaker Koon would ignore the Supreme Court's rescheduled proceedings.
The defiance of the law lawmaker not to appear yesterday, showing a characteristic of a constitutional crisis, if care is not taken.
Constitutional crisis is generally the product of presidential and legislative defiance of laws and judicial order.
Defendant Shio is charged by the Liberia National Police (LNP) with attempting to murder a Liberian citizen, Momo David, on January 13, 2025.
The legal dispute centers on whether the legislative branch has the jurisdiction to engage in judicial matters, sparking a constitutional debate on the separation of powers.
If Justice Clinton-Johnson were to maintain her stance against the lawmakers, and they (lawmakers) disagree with her decision, they still have a chance to forward the matter to the Full Bench of the Supreme Court.
The issue in the case, arises from a challenge to the lawmakers' letter summoning Shio to appear before plenary for criminal investigation about his alleged involvement with the attempt to murder David, though Shio had repeatedly denied the accusations.
The defense lawyers argued that the legislative branch has no authority to exercise judicial powers, a violation of the separation of powers doctrine that exists under a unitary state, and that the interference was unconstitutional.
The 1986 Constitution establishes that the Republic is a unitary sovereign state, and the form of government is Republican with three separate coordinate branches of government -- Legislature, the Executive and the Judiciary -- existing under the principles of separation of powers. Article 65 of the Constitution vests judicial powers only in the Judiciary branch of government and no other branch of government.
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According to court records, Shio, who has an indictment being prepared against him, is accused of pouring hot oil on a man named Momo David and instructing dogs to bite him, allegedly as punishment for theft.
The lawyers, therefore, have since challenged the lawmakers' March 6 communication, which directed Shio and his lawyers to appear before the criminal investigation on Tuesday, March 11, 2025, at precisely 2:00 pm.
Upon receiving said communication, Shio formally requested a postponement of the investigation, citing the fact that the matter is properly before the Criminal Court, which has exclusive authority to adjudicate such matters.
Shio's lawyer further argued that the referenced letter explicitly cited the controlling laws prohibiting their client from submitting to any extra judicial forum to discuss the allegations and charges pending against him.
However, they claimed that the lawmakers, in blatant disregard of the law, persisted in summoning Shio to appear before an authorized forum on Tuesday, March 11, 2025, at precisely 2:00 pm.
They also argued that the actions of the lawmakers are contrary to the established laws of this land, as it relates to the doctrine of sub-judice and separation of powers, as per the 1986 Constitution.
