Executive Order #117 Halted, April 7, 2023 Deadline Nullified By S/C -As Justice Gbeisay Issues Alternative Writ Of Prohibition
MONROVIA – The expected compliance of the Executive Order #117 issued by President George Manneh Weah which mandated presidential appointees interested in contesting elective positions in the ensuing general elections to resign has been nullified by the Supreme Court of Liberia. The decision as taken in the case arising from A Writ of Prohibition filed with the court by the Economic Freedom Fighters of Liberia (EFFL).
The EFFL is seeking the court to void the Executive Order just as the Justice in Chamber of the Honorable Supreme Court of Liberia, Justice Yamei QuiQuoi Gbeisay, has issued an Alternative Writ of Prohibition as prayed for by petitioner (EFFL).
The issuance of the alternative writ of prohibition has placed a “stay order” on the enforcement of the Executive Order # 117 and until and unless a final decision is made and a decision is made either to quash the alternative writ of prohibition or grant the petitioner prayer for the issuance of a peremptory writ of prohibition, Presidential appointees have no obligation to resign on April 7, 2023 as was mandated by President George Manneh Weah.
Court records seen by The Analyst have it that the case is marked with title “The Economic Freedom Fighter of Liberia by and thru its Chairman, CIC Emmanuel Gonquoi of the City of Monrovia, Petitioner, versus the Government of the Republic of Liberia by and thru the Ministry of Justice, represented by the Minister of Justice/Attorney General, Cllr. Frank Musah Dean, Jr, the Solicitor General of the Republic of Liberia, Ministry of Justice, Republic of Liberia, Assistant Minister of Litigation, Directors and Assistant Directors and those acting under the scope of the Authority, the Ministry of State by and thru the Minister for Presidential Affairs, Deputy Ministers, Assistant Ministers and all those acting under the scope of their authority, all of the Republic of Liberia, Respondent.
According to court records, the Petitioner, Economic Freedom Fighter of Liberia, prayed before the Justice in Chamber for a Petition for a writ of prohibition to restrain, prohibit and enjoined respondent by undoing what has been unlawfully by ordering petitioner’s subject that are serving the people of Liberia in various capacities through the Government of the Republic of Liberia to maintain petitioner’s citizens in their respective positions whether or not they envisage an elective position or not for the ensuing October 10, 2023 General and Presidential Elections;
“The Petitioner also pray also requested Justice Gbeisay to cite respondent to a conference on a day and date to be determined by His Honor Justice Gbeisay to show cause, if any, why the alternative writ of prohibition should not be issued; and after said conference, order the issuance of the alternative writ of prohibition.
“Petitioner prayed the Court to conduct a hearing and thereafter, grant the peremptory writ, prohibiting, restraining, enjoining and thereafter invalidating judiciously the Executive Order #117 and that His Honor Justice Gbeisay should grant any and all further relief as he may deem just, legal and equitable in the premises”, part of the litigation read..
According to our reporter who covered the story, His Honor, Justice Gbeisay in response, issued the alternative writ as prayed for by the petitioner commanding the court ministerial officer to notify the Government of the Republic of Liberia by and thru the Ministry of Justice, represented by the Minister of Justice/Attorney General, Cllr. Frank Musah Dean, Jr, the Solicitor General of the Republic of Liberia, Ministry of Justice, Republic of Liberia, Assistant Minister of Litigation, Directors and Assistant Directors and those acting under the scope of the Authority, the Ministry of State by and thru the Minister for Presidential Affairs, Deputy Ministers, Assistant Ministers and all those acting under the scope of their authority, all of the Republic of Liberia, respondent in the above entitled cause of action, to appear (by filing their returns) before His Honor Yamie Quiqui Gbeisay, Sr, Associate Justice of the Honorable Supreme Court of the Republic of Liberia, presiding in Chambers, at the Supreme Court Room, Temple of Justice.
The returns, according to the court precep on/or before 12th day of April, A. D. 2023 at the hour of 9:00am, is to show cause why the petitioner’s petition as prayed for should not be granted.
The Civil Procedure Law Title -1, Liberian Code of Law Revised, Chapter 16 captioned Special Proceedings Section 16.22 provides that Citation or alternative writ- When a petition for alternative writ of mandamus or prohibition is made to the Justice of the Supreme Court, such justice shall issue or cause the clerk to issue a citation to the parties named as respondent.
“If the urgency of the situation warrants, the justice may issue in lieu of the citation an alternative writ requiring the respondents (a) to do an act or refrain from pursuing judicial action or proceeding specified therein until a hearing has been held on the writ, and (b) to show cause, on the date fixed therein, why a peremptory writ should not issue.”
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