-In prosecuting perpetrators of offenses
By G. Bennie Bravo Johnson
Her Honor, Sie-A-Nyene G. Yuoh, Chief Justice of the honorable Supreme Court Bench of the Republic of Liberia has called on the government through the Ministry of Justice to be impartial in the discharge of the constitutional duty by prosecuting perpetrators of offenses irrespective of the status or affiliation in society.
She says it is imperative that the prosecuting arm of government actively exercise its duty by ensuring it is impartial in the discharge thereof.
“Noting that the system consists of the rules of law and comprises adjudication and prosecution, the lighter being the fulcrum of the system, it is imperative that the prosecuting arm of the government actively exercise its authority to ensure perpetrators of offenses are prosecuted irrespective of the status or affiliation.” justice Yuoh stated.
Delivering her remark on Friday, April 6, at the 2024 convention of the Liberia National Bar which was held under the theme “Addressing The General Question of Impunity in Liberia: The implications for Liberia’s rule of law system”, the chief justice urged the Liberia Anti Corruption Commission and the Ministry of Justice to acknowledge that the court contrary to what she described as “Common and misguided believe”, lawyers are aware that the court cannot sua-sponsee adjudicate perpetrators of offenses. Stating that cases must be properly filed before the court for adjudication.
She further stated that it must not be the other way around that the court goes looking for cases and calls in perpetrators.
Adding that to prove guilt beyond all reasonable doubt, the prosecuting arm of government must bring in all evidence, especially in criminal and constitutional cases.
“To the Liberia Anti Corruption Commission and the Ministry of Justice, let it be known here that the court contrary to common and misguided belief lawyers are aware that the court cannot sua-sponsee adjudicate perpetrators of offenses. Cases must be properly filed before the court for adjudication.
Not the other way around that the court goes and calls in prosecutors and even then, the prosecuting arms have to bring in evidence, especially in criminal and constitutional cases. Because the statutory law requires evidence and proof of guilt beyond all reasonable doubt.”
The chief justice continued by calling on Liberians to adhere to the rules of law at all times that even where allegations of offenses are brought to light, due process must at all times be accorded to the accused.
Stating that it is an imperative.
She added that the right to due process is secret and embedded in the Liberia constitution and all other constitutions and statutes of nations of the world.
Due process is a right.
“The right to due process is secret and embedded in our constitution and all other constitutions and statutes of nations of the world. Due process is a right!” Justice Yuoh exclaimed.
At the same time, the chief justice provided that the Liberian Judiciary cannot prohibit the rights of Liberians who have been sectioned by the US government for allegations of corruption and human rights violation on grounds that the allegations leveled against them have not been tried and proven in any court of competent court of jurisdiction.
She believes that to deny a person of their right, allegations leveled against them must be tried in a competent court of jurisdiction, and said person must be found guilty of the allegations before some of their basic rights are denied. Chief Justice emphasized that the Liberian constitution, like all other constitutions of the world right to due process, is secret and embedded in them.
Justice Yuoh continued by calling on the legal community not to be silent on matters that required them to provide legal education to the public, as being silent would stick a skeleton in the legal system of Liberia.
She urged the legal community to stop passing their authority to members of the international community to speak to certain issues.
Justice Yuoh said those of the international community can only speak to things in the confines of the term of reference of their admittance to Liberia.
“In recent times, however, our legal community has strategy kept silent and effectively shot a skeleton in our legal process.
Let us stop passing the button to members of the international community to speak to certain issues knowing fully well that they can only remain in the confines of the term of reference of their admittance to Liberia.”
