By: R. Joyclyn Wea
MONROVIA-At long last, former Associate Justice of the Supreme Court of Liberia, Counsellor Kabineh M. Ja’neh has broken silence over Brownie Samukai’s sage thus blaming the High Court for whatever controversy and misconceptions in the public.
Cllr. Ja’neh indicated that the judgment of the Supreme Court in the Brownie Samukai’s case did not meet the standard or requirement of a judgment hence; he blamed that Honorable Court for the confusion and controversy in the public over said matter.
He made the disclosure when he severs as one of the panelists at the start of the Liberia National Bar Association’s annual conference held at the Ellen Johnson Sirleaf Ministerial Complex in Congo Town on the topic :“Enforcement of Mandates, Judgment: Challenges, Gaps and Effects.
The LNBA conference was the first-ever appearance of Mr. Justice Kabenat Ja’neh at legal function since his bogus impeachment by the Government of Liberia.
According to him, the pre-requisite for enforcement of the judgment is, it must be cleared and conclusive (say it that people will understand what you mean) because the Supreme Court cannot make mistake so when it says something, it should be done with clear understanding.
In the Brownie J. Samukai’s case the Supreme Court on Feb 8, 2021, rendered a ruling which says, wherefore, and in view of the foregoing, the final judgment of the trial court is affirmed with modification the defendants are hereby sentenced to serve the term of two years in a common jail.
It says, “however, the sentence should be suspended provided the said appellant shall restitute the full amount of the over one million US$ or 50% within a period of six months and after enter appropriate arrangement to pay remaining portion within one calendar year.”
The High Court’s judgment furthered: “should appellant pay or refuse to restitute as stated above, then they shall be incarcerated in a common jail and remain there until the full amount is paid or liquidated at the rate of 25 per month as provided for by law. The clerk of this Court is ordered to send a mandate to the lower court to resume jurisdiction over this case and give effect to the judgment.”
The fearless Justice Ja’neh maintained that in this judgment, the Supreme Court was supposed to be clear, conclusive for imposing, apparently did not include another provision of the criminal law.
“Our penal code which is that there can be a disqualification if you are a convict for the setting category of crime, but when you read that position it also leads it with the court, it says the court may, so in the description of the Supreme Court, it decided not to include that.”
He noted that the High Court in its judgment in Samukai’s case should have used its discretion to say, “you are also disqualified for sitting in public office”, this, he said, was not done, at a consequence, there is this back and forth movement.
“So there is some group come and say this man not supposed to get down there because he is a convict, but the Supreme Court at a time rendered a decision on Feb 8, 2021 which was not cleared for the people to understand.
He further noted that of recent, the Supreme Court had been coming down with unclear and implicated judgment which has to some extent lead to confusion.
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