-At formal court opening
BY: Shallon S. Gonlor
NIMBA COUNTY — Resident Circuit Judge, Pape Suah of the 8th Judicial Circuit Court in Sanniquellie, Nimba County, on Monday, admitted the court’s commitment to dispensing justice with integrity fairly and transparently to address keen areas of concerns in the judiciary system in Nimba County.
Circuit Courts across Liberia’s fifteen counties on Tuesday, February 13, 2024, formally opened their February Term of Court by directive of Chief Justice, Sie-A-Nyene G. Yuoh due to the celebration of the Armed Forces Day on Monday, February 12, an official opening day.
Judge Suah said the illegal sales of real property/land disputes, recent reports of jury tempering and bribery in the judiciary, illegal lawyering, and court staff influence of cases in court are keen areas of concern that claiming public perception of the judiciary that impeding the judicial system.
According to the esteemed judge, the continued public perception of the judiciary has made it imperative for judges, as critical stakeholders, to rise to ensure and uphold the independence and sacredness of the court, which is the last place of hope for mankind on earth.
Reading his charge Monday, February 13, 2024, during the official opening of the February Term of Court, Judge Pape Suah reiterated the call for people involved with illegal sales of land to immediately desist and seek due process of law, adding that all parties involved in the dispute should seek redress through the court and further avoid unnecessary confrontation against the peace and dignity of the county.
He added, “The clarion call for a due course of law to be respected is imperative due to continued reports of illegal sales of real properties, while cases involving these properties are pending before the court for hearings”.
Held at the Nimba County 8th Judicial Circuit complex in Sanniquellie, Judge Suah made it abundantly clear that he will not hesitate to impose the appropriate legal penalty against anyone found or caught interfering with the due course of law, therefore encouraging law-abiding citizens of Nimba County to give chance for the court to lawfully adjudicate the legal ownership of properties in an orderly and fair proceedings”.
Further speaking, Judge Suah also disclosed that all cases pending before the court over the years without speedy trial will use legal means through the ‘Circuit Court Rule 7’ to make key judgments.
Circuit Court Rule 7 states that “A failure to file a motion for continuance or to appear for trial after returns by the Sheriff of a written assignment, shall be sufficient indication of the party’s abandonment of a defense in the said case, in which instance the court may proceed to hear the plaintiffs side of the case and decide thereon…..”
In his judge’s charge during the February Term, 2024, formal opening, the 8th Judicial Circuit Court Resident Judge said he will utilize the circuit court rule seven to reduce the overcrowdedness of cases on the court’s docket over the years, noting that dismissal of cases on the docket over the years without speedy trial will be dropped from the docket to be placed inactive file.
He sent a caveat, Judge Pape Suah warns Prosection that the essence of justice is not only intended to arrest and perpetually detain people without indictment and speedy trial, encouraging the Ministry of Justice Prosecution team to take advantage of the law as well as the Defense Counsels of the Public Defense Office of the Judiciary to ensure their clients/defendants languishing in jail are released.
He further noted that the failure of both counsels of Prosecution and Defense to use 18.1 and 18.2 of the Criminal Procedure Law, the court will be left with no other alternative but to use the relevant law to have pretrial detainees who are on court records for long time detention in prison released under the doctrine of jail delivery or dismissal of the case against the defendant with right given the Prosecution to reinstitute the cause as required by law.
He said on recent report of jury tempering, Judge Suah disclosed that investigations underway to prosecute certain jurors and individuals caught right-hand in the web of bribes in a recent landmark land dispute case between the late Paye Suah through Fred P. Suah and the United Methodist Mission in Ganta City, Nimba County, which violates Section 18.5(1) of the new Judiciary Law.
It can recalled on Thursday, January 11, 2024, trial jurors at the 8th Judicial Circuit Court in Sanniquellie handed down a unanimous verdict in favor of the Interstate Estate of the late Paye Suah through Fred P. Suah who filed an action of ejectment in court, claiming ownership of 267.4 acres of land
But lawyers representing the legal interest of the United Methodist Mission took exception, and prayed for a retrial, citing jury tampering and bribery.
Days after the verdict was delivered, the court received a tip-off suggesting that the jurors were tempered with and bribed following suspicion among the jurors’ attitudes during their two months of civil trial.
Following a thorough investigation, the Secretary General of the jury, Edwina T. Dessen, and others on the run were found guilty of accepting an unspecified huge sum of cash (USD), and nine pieces of phones each from Fred Suah to influence their verdict while serving as jurors.
Those also wanted by the court include Edwin Mangaye, Daa S. Benbo, Lydia Duo
Diamond Luogon, and Jackson Saye Gono respectively.
Judge Pape Suah, however, quoted Section 18.5(1) of the new Judiciary Law as saying “Jurors are forbidden to receive any bribe, present, or promise of reward either pecuniary or otherwise, by which the performance of their duties might be influenced”.
According to him, any juror who violates this provision, upon conviction, shall be found guilty of the crime of bribery and penalized under the provisions of the New Penal Law, calling on the Ministry of Justice to take seize of the matter to proceed with the indictment of persons found culpable of bribery to influence the jury verdict in clear violation of the jury law.
Referencing illegal lawyering and court staff influence in cases, the esteemed circuit judge wants court employees in the constant habit of procuring criminal appearance bonds for the defendant before the court to immediately desist, which misconduct is in strict violation of the Circuit Court Rule 25 as provided for in the New Judicial Law, which prohibits judicial employees to secure guarantee and or criminal bond for any party in court.
He further stressed that he will not relent in punishing employees caught in such gross violation, adding that such an act undermines and impends the court’s integrity and independence.
Underlining peace and democracy, Judge Suah admonished citizens and residents of Nimba County for their love and patriotism towards adhering to the rule of law demonstrated over the years.
He wants Nimbaians to continue on the path to help keep the peace through the rule of law and patriotism, then instigating violence that will undermine the fragile peace and stability in confrontation with the rule of law.
“We again want to encourage lawyers representing clients to take their case with seriousness as officers of the law whose some duties are to aid the court in the administration of justice, fairly and impartially or without fear or favor as provided for in moral professional ethics that governs the conducts of Lawyers in this jurisdiction”. he said
By the mandate of Her Honor, Sie-A-Nyene G. Yuoh, Chief Justice of the Honorable Supreme Court of Liberia, Cllr. Pape Suah, Resident Circuit Judge of the 8th Judicial Circuit Court and Cllr. Musa S. Sidibey, Resident Circuit Judge of the Sexual Offenses Court in Sanniquellie will preside over the February 2024 Term of Court.
Legal luminaries, party litigants, partners of the Justice System, Officials of Government other Judges of courts of record and courts not of record, members of the Nimba County Bar Association (NBA), and the Liberia National Bar Association (LNBA), other judicial actors, chiefs, elders, students among others on Tuesday, February 13 witnessed the official opening program.
