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Impeached Associate Justice Kabineh M. Ja’neh Impeached Associate Justice Kabineh M. Ja’neh

ECOWAS Orders GoL to Pay Ja’neh US$200, 000

MONROVIA, LIBERIA - The ECOWAS Court has ruled in favor of impeached Associate Justice of the Supreme Court of Liberia, Kabineh M. Ja’neh, for what the court termed violation of his rights.

During the ruling, the court ordered the Government of Liberia (GoL) to pay Cllr. Ja’neh the amount of US$200, 000 ( two hundred thousand United States Dollars) as reparation for moral prejudice suffered for the violation of his rights. The ruling further ordered the government to restore, calculate and pay to Cllr. Ja'neh his withheld entitlements, including salaries, allowances and pensions benefits as from the date of his impeachment to the date of notification of this judgment. Additionally, to his reinstatement as an Associate Justice of the Supreme Court or in the alternative, to grant him the right to retire from service on the date of notification of this judgment with full pension’s benefits as if he had retired at the normal retirement age for justices of the Supreme Court

It can be recalled that in 2019, Justice Ja’neh was found guilty by the Liberian Senate following impeachment by the House of Representatives, which he alleged, his removal violated his human rights, to fairly hear and the impartial trial. He also described his impeachment was unconstitutional. The ruling comes when the Hon. Justice Edward Amoako Asante, who is the head judge of three panel judges, found out that the matter was admissible and within its jurisdiction contrary to the argument of the government, stating that it has clearly established violation of impeached Associate Justice Ja'neh right to fair hearing and right to work.

According to the impeached Justice, the GoL subjected him to the impeachment proceedings with no Prescribed Rules of Procedure thereby depriving him of his fundamental right to fair hearing as stipulated in the 1986 Liberian Constitution. He added that Chapter VII, Article 72 (B) of the 1986 Liberian Constitution guaranteed the holding and protection of office as Associate Justice during good behavior until the age of seventy (70). Therefore, he argued the Court to award general damages in an amount not less than twenty-five million United States Dollars US$25,000,000.00 (Twenty Five Million United States Dollars) as compensation and an Order directing the Republic of Liberia to restore the Applicant to his position of Associate Justice of the Supreme Court of Liberia.

He prayed the Court to declare the entire Impeachment trial, conviction and replacement on the Supreme Court constitutes violations of Applicant’s rights to fair hearing, dignity of his person and work under equitable and satisfactory conditions, among others.

 

Read 25 times Last modified on Friday, 13 November 2020 03:45
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