…Cllr. Gongloe tells President Boakai
Renowned Human Rights Lawyer, Cllr. Tiawan Saye Gongloehas warned the government of Liberia, especially the Executive Branch of government that there should be no justification for judicial shortcuts within the application of the rule of law.
Cllr. Gongloe over the weekend, delivering the keynote address on the topic “To what extent does politics influence the rule of law and, by extension, the administration of justice?” said that the influence of politics on the rule of law can be profound and, at times, troubling.
“There should be no justification for a shortcut, expediency, or convenience when it comes to adhering to the rule of law. In many countries, including Liberia, we have seen instances where political interference has compromised the integrity of the judicial system” Cllr. Gongloe asserted. On August 9, 2024, the Noble Second Floor of the Louis Arthur Grimes School of Law, University of Liberia inducted its new corps of officials.
During the program held in Monrovia, Cllr. Gongloe delivered the keynote address on the topic ” To what extent does politics influence the rule of law and, by extension, the administration of justice?” The gathering brought together several legal scholars as well as current and former government officials and law students.
He noted that the procedure provided by the Liberian legislature for the governance of Liberia must be strictly obeyed by the Executive Branch of Government, no matter how uncomfortable it may be to do so. Cllr. Gongloe warned that if the Legislature enacts a law governing any ministry or agency of government, the Executive Branch must respect that law, until the legislature amends or repeals it or until the Supreme Court declares the law to be unconstitutional.
The Liberian People’s Party political leader argued that it is obvious that there are challenges in adhering to the rule of law, but despite these challenges, the legal profession holds a crucial responsibility, urging that lawyers, judges, and legal scholars must serve as guardians of the rule of law.
This is what makes a democracy different from a monarchy or military rule. However, to prevent a democracy from functioning like a monarchy or military junta, the Court must not demonstrate any shyness or fear in saying what the law is but must be bold and courageous at all times to say that the law is. The law must always control political actions and decisions in order to maintain the supremacy of the law.
” It is our duty to advocate for an independent judiciary, to uphold ethical standards, and to resist any attempt at undermining justice. The protection of individual and group rights depends on the relentless and uncompromising dedication to upholding the rule of law. This requires courage, integrity, and an unwavering commitment to fairness” Cllr. Gongloenoted.
Accordingly, he added that politics, by nature, is the pursuit of power and governance therefore, when those in power wield their influence over the judiciary or legal processes, it can undermine the very essence of justice.
Explaining the consequences, he further lamented that this can lead to selective justice, where the law is applied differently based on political affiliations or interests, eroding public trust in legal institutions. “The intersection of politics and the rule of law is a development that has been debated and scrutinized throughout history. In an ideal society, the rule of law stands as the bedrock of democracy, ensuring that every citizen, regardless of status, is subject to the law” Cllr. Gongloe pointed out.
He described the rule of law as the principle that upholds justice, fairness, and equality, adding that it is not a debatable issue that the absence of the rule of law leads to chaos and an atmosphere where only the strong survive, a rule of the jungle. The Liberian People’s Party political leader added that it means that the existence of the rule of law is a necessary condition for peace, harmony, unity, and normality in any community, society, nation, or state.
He further indicated that such interference can manifest in various forms, including the appointment of judges based on political loyalty rather than merit, to the manipulation of legal processes to protect allies and punish adversaries.
“These actions do not only violate the principles of the rule of law but also threaten the foundations of democracy itself. For example, respect for the separation of powers is very essential to the survival of democracy. It makes the actors in each branch of government not go beyond the boundaries established by the Constitution and statutes” he concluded.
