By R. Joyclyn Wea:firstname.lastname@example.org
Civil Law Court Judge, Kennedy Peabody has placed preliminary injunction on the Liberia National Bar Association (LNBA) decision to have expelled Cllr. Nbudusi Nwambudike until a petition for judicial review filed by the LACC boss is determined by that court.
Judge Peabody’s action to grant the preliminary injunction as prayed for Nwambudike to enjoin and restrain the LNBA from perfecting its decision against him (Cllr. Nwambudike) is to enable him practice law to sustain his family pending the outcome of legal battle between he and the LNBA.
It can be recalled five months back in April, the Chairman of one of Liberia’s Anti-graph institution was expelled by the Liberia National Bar Association after it was established that he is a holder of fake Liberian citizenship evidenced by his conflicting dates of birth and names.
Following the Bar’s decision, Cllr. Nwambulike has since been fetching ways to undo said decision through legal and other means apportioned to him as the LNBA’s actions has allegedly puts him in a unfavorable position both local and international scene.
Initially, the writ for preliminary injunction was filed with the than Justice-In-Chamber of the Supreme Court of Liberia amidst previous petition for judicial review, but Associate Justice Jamesatta Wolokollie declined to grant such application as prayed for by Nwambulike due to mixed filing and therefore, referred the counselor to the lower court.
Judge Peabody in his verdict Wednesday, October 14, 2020 says were him to deny the writ for injunction based upon the bond of one hundred-one United States dollars filed by the Movant (LNBA), same would be grossly inadequate to indemnify the respondent (Nwambulike) from the injury and damage he would sustain in the event where the LNBA’s decision is revised and such reversal is subsequently upheld by the Supreme Court.
Cllr. Nwambulike having informed the court that he has no other profession to support himself and his family except the practice of law, it is the holding of court that the injury to be sustained by Nwambulike is irreparable and is not capable of being compensated in any monetary form were it (court) to lift the restraining order following the petition for judicial review.
Judge Peabody used Article 20 (b) of the 1986 constitution of Liberia. It states “appeal for judgment, decree, decision, ruling of any court of administrative board or agency, except the Supreme Court, must be held inviolable. The petition for judicial review being an appeal filed by the respondent against the decision, same will served as a stay in the enforcement of the decision of the Movant to expel the respondent from its membership pending final determination into the petition for judicial review.
“Wherefore, and in view of the foregoing, it is a consider opinion of this court that the motion to vacate the preliminary injunction and resistance thereto are hereby denied and the petition for preliminary injunction and the resistance to vacate preliminary injunction is hereby granted. Accordingly; the Movant is hereby restrain, enjoin, and prohibited from enforcing its decision expelling the respondent from its membership pending the determination of the petition for judicial review. And it is hereby so order.”