Says, Transparency And Clarity In Judicial Decisions are vital For Fostering Confidence
Monrovia, Liberia – The legal ally of the Supreme Court of Liberia, the Liberia National Bar Association, is criticizing the court for issuing a vague order that might jeopardize the country’s peace and stability. The Bar said that if the high court didn’t issue a thorough decision, public confidence may be damaged.
“Any organization that wants to flourish must receive constructive criticism. The LNBA urges the Supreme Court to render thorough and unambiguous rulings in order to eliminate any doubts that can undermine public confidence. Building trust in our legal system depends on court rulings being transparent and unambiguous.”
The Liberia National Bar through its National President, Cllr. Bono Varmah made the charge when he responded to the charge delivered by the Outgoing Chief Justice of the Supreme Court, Justice Siene G. Yuoh, at the opening ceremony of the March Term of Court, intimating that that the authority of the Court is the cornerstone of Liberia’s democracy. Therefore, its decisions must be respected to maintain the rule of law and societal order.
“We recognize the Supreme Court’s constitutional mandate to adjudicate complex and contentious issues. Its authority is a cornerstone of our democracy, and its decisions must be respected to maintain the rule of law and societal order.”
The LNBA continued that “The Judiciary Law, Rev. Code 17.2.5, remains a guiding pillar in ensuring the effective administration of justice. It mandates the Supreme Court’s oversight of the lower courts and underscores the essential role of the Judiciary in upholding the rule of law and guaranteeing equal justice for all.”
However, the LNBA recognized the Supreme Court’s commitment to ensuring that justice remains swift, fair, and accessible. Asserting that the extension of the October 2024 Term to address pressing legal matters demonstrates the Court’s responsiveness to the nation’s evolving judicial needs. “We commend Her Honor, the Chief Justice, and the Associate Justices for their dedication to clearing the backlog of cases and strengthening the integrity of our judicial system.”
The LNBA further urged the Supreme Court to apply urgency in resolving critical legal issues that directly impact the rights of the people.
“As we begin the March 2025 Term, the LNBA urges that similar urgency be applied to resolving critical legal issues that directly impact the rights of the people, particularly those concerning access to justice, judicial independence, and adherence to due process.”
In furtherance, the LNBA President continued by employing that recent decision by the Honorable Chief Justice and the Supreme Court to withdraw public defense lawyers from magisterial courts has raised serious concerns about access to justice for the poor and vulnerable.
Cllr. Varmah asserted Magisterial courts are often the first point of contact for ordinary Liberians seeking justice. Therefore, removing public defenders from these courts creates an imbalance, placing unrepresented individuals at a severe disadvantage.
“While we acknowledge the constraints faced by the judiciary, the solution cannot be one that effectively denies justice to those who need it most. The principle of fair trial is enshrined in our laws and international commitments. Every accused person, regardless of financial status, deserves legal representation.”
Meanwhile, the Liberia National Bar Association recommended that to address the challenge, there must be urgent Stakeholder Dialogue – that the judiciary, the Ministry of Justice, the LNBA, and other legal stakeholders must come together to find sustainable solutions that ensure continued legal representation at the magisterial level. And Strengthen Pro Bono Legal Services –to provide greater institutional support to ensure lawyers can offer free representation without financial hardship.
The LNBA recommendation further urged the Supreme Court to revisit the decision that withdrew public defense lawyers from magisterial courts. Adding that the Supreme Court should reconsider its position and explore alternative means of addressing whatever rationale led to this withdrawal.
The LNBA stated that the position to recommend to the Supreme Court is supported and founded in Article 21(c) of the 1986 Constitution.
However, the LNBA joined the Supreme Court in reminding Magistrates of their Legislative mandate, emphasizing the critical role of magistrates in the justice system.
“It is imperative that they remain cognizant of the legislative intents behind their establishment, ensuring that their conduct and decisions align with the principles of fairness, impartiality, and justice that their offices embody.”
Cllr. Varmah added that the Supreme Court’s immediate actions against unacceptable conduct within the judiciary and upholding ethical standards is essential for maintaining public trust, and decisive measures against misconduct reinforce the integrity of the legal system.
Reported by:G Bennie Bravo Johnson, I.
