Gongloe Bemoans Political Influence of Justice Process -Says Judicial Interference Erodes Integrity, Fairness

MONROVIA- Former Presidential Candidate, Tiawan Saye Gongloe, has inducted officers of the “Noble Second Floor” of the Louis Arthur Grimes School, University of Liberia at which time he spoke highly against political interference in the administration of justice.

Speaking on the topic, “To what extent does politics influence the rule of law and, by extension, the administration of justice?”, Cllr Gongloe noted that the influence of politics on the rule of law can be profound and, at times, troubling.

“Politics, by nature, is the pursuit of power and governance,” the former President of the Liberia National Bar Association said, adding: “When those in power wield their influence over the judiciary or legal processes, it can undermine the very essence of justice.

“This can lead to selective justice, where the law is applied differently based on political affiliations or interests, eroding public trust in legal institutions.”

In many countries, including Liberia, the well-known social justice advocate said: “We have seen instances where political interference has compromised the integrity of the judicial system. Such interference can manifest in various forms: from 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, he noted.

“For example, respect for the separation of powers is very essential to the survival of democracy,” he stressed. “It makes the actors in each branch of government not go beyond the boundaries established by the Constitution and statutes.”

According to him, 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 law to be unconstitutional.

“In order words, the procedure provided by the Legislature for the governance of Liberia must strictly obeyed by the Executive Branch of Government, no matter how uncomfortable it may be to do so. There should be no justification for shortcut, expediency or convinience when it comes to adhering to the rule of law.”

He said this is what makes a democracy different from a monarchy or military rule.

In order 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, Cllr Gongloe said.

“The law must always control political actions and decisions in order to maintain the supremacy of the law.”

Gongloe posited that the intersection of politics and the rule of law is a development that has been debated and scrutinized throughout history.

He continued: “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. It is the principle that upholds justice, fairness, and equality. It is not a debatable issue that the absence of rule leads to caous and an atmosphere where only the strong survives, a rule of the jungle. This means that the existence of the rule of law is necessary condition for peace, harmony, unity and normality in any community, society, nation or state.”

“It is obvious that there are challenges in adhering to the rule of law. Yet, despite these challenges, the legal profession holds a crucial responsibility,” he said.

“Lawyers, judges, and legal scholars must serve as guardians of the rule of law. It is our duty to advocate for an independent judiciary, to uphold ethical standards, and to resist any attempt at undermining justice.”

He noted that the protection of individual and group rights depends on the relentless and uncompromising dedication to upholding the rule of law, and that it requires courage, integrity, and an unwavering commitment to fairness.

According to Cllr Gongloe, the rule of law is more than a principle; it is a commitment to justice and equity for all, irrespective of gender, religion, fraternity, political affiliation, wealth, poverty, popularity or physical strength, etc.

“It is through our collective efforts that we can ensure that politics serves to enhance, rather than diminish, the administration of justice. For peace, stability, orderly society, respect for human rights, productivity, progress and prosperity in any nation, the rule of law must prevail over politics at all times and under all circumstances,” he said further.