-As Boakai crumbles over Justice Minister, Solicitor General appointments
By: G Bennie Bravo Johnson I
The delay of the appointment of a new Justice Minister, Solicitor General, and Deputy Minister of Litigation at the Ministry of Justice who responsibility is to make sure lawyers are in court representing the government during court trial, on yesterday sent out a crystal clear message that the Justice Ministry would be dysfunctional during the February term of court.
Days after his (Kruah) appointment and following controversies, President Joseph Nyuma Boakai on Tuesday, February 13, 2024, withdrew Cllr. Cooper Kruah’s appointment as Justice Minister. He has been nominated as Minister of the Ministry of Labour.
The higher authority of the government prosecuting arm – the ministry of justice was conspicuously absent at the opening of criminal courts ( A’ B’ C and D’ ) on Tuesday, February 13, 2024 for the February term of court.
As the courts are seen ready to adjudicate cases of criminal matters that are before the courts.
Courts across the judiciary usually take longer time to adjudicate cases; usually attributing the delay to the lawyering styles of some lawyers representing their clients in courts.
Despite all efforts to have the courts speedy adjudicating cases with the chief justice of the supreme court, Her Honor Sie-A Nyene G. Yuoh warning lawyers against delay tactics and lawyering styles that are intended to delay justice and frustrate the efforts of the court(s), the February 2024 term of court seems to have no positive results to the speedy adjudication of criminal cases.
The opening of the court was done without a legitimate representation of the ministry of justice who is constitutionally charged to prosecute all offenders of the state.
It was conspicuous that there was no Minister of Justice, Solicitor General, nor Minister of Litigation whose responsibility is to make sure lawyers are in court representing the government during court trial for they are yet to be either appointed or confirmed by the president and the Liberian senate.
Meanwhile, county attorney who responsibility is to arrange and assign cases for court hearing are currently illegally serving their terms and have been warned by prosecuting lawyers not to represent the government in court as doing so, any negative result emeninating therefrom might produce serious financial and legal implications, because he appointed by former President George M. Weah.
In a response letter from the Montserrado county attorney Counsellor-At-Law, Alhaji Swalihó Sesay to state prosecuters Cllr. Adolphus Karnuahand Cllr. Bobby Livinstong who have asked him to desist from assigning cases and step aside from his position as county attorney, Cllr. Alhaji Swalihó Sesay acknowledged receipt of communication dated February 8, 2024 from Director of Human Resources and Officer in Charge, Ministry of Justice, RL, informing him that various lawyers complained of him continuning to make representations in court on behalf of the government of Liberia.
Warning that any negative result emaninating therefrom might produce serious financial and legal implications, because he was appointed by former President George M. Weah.
“I wish to acknoweldge receipt of your communication dated February 8, 2024 as Director of Human Resources and Officer in Charge, Ministry of Justice, RL, informing me that various
lawyers complained that I am continuning to make representations in court on behalf of the
Government of Liberia and any negative result emaninating therefrom might produce serious financial and legal implications, because I was appointed by former President George M. Weah.” Cllr. Alhaji Swalihó Sesay said in open court.
In the communication which was cece-copy to the administration of the supreme court, Cllr. Elizabeth Nelson, he revealed that the state prosecutors have also requested him to refrain from making representations on behalf of the Government of Liberia and turnover government properties.
“You have also requested that I shall refrain from making representations on
behalf of the Government of Liberia and turnover government properties.
However, Cllr. Sesay lauded the state prosecutors for their concern raised and added that he is equally mindful not to do anything that would
prejudiced the interest of the government.
“I thank you for the concern raised and I am equally mindful not to do anything that would prejudice the interest of the government.”
Notwithstanding, he cautioned the prosecutors that it has been the custom that the County Attorneys of the
various counties hold on to the post pending the reappointment and/or appointment of a new county attorney.
Further stating that it is the reasons why all of the County Attorneys of the fifteen
counties are still holding on.
Intimating that vacating their office without the appointment of new County Atterney would result in serious national security implication especially so when courts are opened.
Cllr. Alhaji Swalihó Sesay continued by urging prosecutors to abide by the established precedent and withdraw their letter to allow all County Attorneys to continue to carry on their functions pending appointment of new County Attorneys by the President.
Stating that County Attorneys are willing to vacate their offices and turn over
government properties as soon as new County Attorneys are nominated, confirmed, appointed and commissioned.
“I am of the belief that it is not your intention to create a void in
the office of County Attorneys in the absence of appointment by the President as same as national security implication especially so when courts are to open on Tuesday, February 13,
2024 and the County Attorneys are required to be present to coordinate the prosecutorial activities of the government.
In this light, I ask that you abide by this established precedent and withdraw your letter to allow all County Attorneys to continue to carry on their functions pending appointment of County Attorneys by the President.
I as well as the rest of the County Attorneys are willing to vacate our offices and turn over
government properties as soon as new County Attorneys are nominated, confirmed, appointed and commissioned.”
