LNBA Craves Harnessing Partnership with Supreme Court -Says Collaboration Will Uphold Rule of Law, Give Judiciary Financial Autonomy

By Stephen G. Fellajuah

MONROVIA – Cllr. Sylvester D. Rennie, President of the LNBA, has underscored the significance of stepping up collaboration with the country’s High Court—something he believes is necessary to improve upholding the rule of law and ensure the Judiciary’s financial autonomy law of the country is scrupulously upheld.

He repeated calls to Government to uphold the Financial Autonomy Act of 2006, which grants financial independence to the judiciary, expressing consternation about the fact that certain provisions of the act have not been honored by the Legislative and Executive branches.

He said as the result of government’s downplaying of the Act, there Judiciary continues to face insufficient funding allocations perennially, and derailing efforts to strengthen the rule of law regime of the country.

Cllr. Rennie, who made the remarks at the opening of the October term of court, noted that, as stated overly by the Chief Justice, the judiciary is excluded from the budget preparation process by the other two branches of government.

Often, the amount proposed by the judiciary is disregarded, and instead, a predetermined budget ceiling is imposed, demonstrating a lack of respect for the judicial branch.

The LNBA asserts that budget matters should be managed exclusively by the three branches of government to prevent public controversy, adding that his organization supports the Chief Justice’s proposal for a joint consultative meeting to discuss the 2025 budget, aiming to foster understanding and reach an agreement in accordance with the laws of the jurisdiction.

He said the Liberian Bar was fully in support of the suggestion being made by the Chief Justice concerning the appointment of Stipendiary and Associate Magistrates, even though it is the responsibility of the President of Liberia under the law, to appoint Stipendiary and Associate Magistrates.

While the Constitution gives the president the exclusive right, he said it is important that the Supreme Court and the Liberian National Bar Association (LNBA) are involved, since these Magistrates, having been commissioned by the President, work under the authority and supervision of the Judicial Branch of Government.

Rennie said some of the local judges are members of the Liberian National Bar Association (LNBA) and that their vetting by the Judiciary and the Bar of the Magistrates for appointment is very important.

LNBA boss stated: “Let me further say that when these magistrates are commissioned, they are under the supervision and authority of the Judicial Branch of Government, which regulates their activities, while the Bar serves as the custodian of lawyers, some of whom are Magistrates.

The day-to-day interaction of the Magisterial Courts are carried out with the involvement of lawyers.”

LNBA leader further contended that the commissions of many Stipendiary and Associate Magistrates have expired and may require renewal, as most are currently operating outside the legal framework.

He therefore expressed the readiness of the Bar to collaborate with Chief Justice Sie-A-Nyene G. Yuoh and the Supreme Court so that both concertedly engage in discussions to develop solutions that promote adherence to the rule of law and improve access to justice in Liberia.

He emphasized: “The essence of going to court is to obtain relief, and if that relief cannot be achieved due to a lack of legal representation, then access to justice is unattainable.”

The Bar president also noted that collaboration with the Supreme was important to identify workable solutions, as its Legal Aid Program currently lacks the necessary manpower and resources to address the many concerns of citizens and community members, particularly in representing individuals in the Magisterial Courts.

It can be recalled that during the March Term, A.D. 2024 of this Honorable Court, Madam Justice Jamesetta H. Wolokolie, Associate Justice of the Supreme Court of Liberia, stressed the appointments of Curators and Sheriffs, and how their presence in the various Courts have created some problems to our Judicial System.

Again, at this opening of the October Term of Court, the Chief Justice, Her Honor Sie-A-Nyene G. Yuoh has re-echoed the issue.

Rennie said it was the position of the Bar that the Ministry of Justice and the Judicial Branch of Government work out the necessary modalities in ensuring that the appointments of Sheriffs, Curators and Constables are done in consonance with the law.

“Since assuming the presidency of the Bar, we have raised numerous issues, particularly regarding the enforcement of this Honorable Court’s judgments. We are pleased that the Judicial Branch recognizes the importance of collaborating with other stakeholders to address the many challenges faced by court officers in enforcing court mandates,” Cllr. Rennie added.

He noted that there are instances when court officers face brutality from citizens while enforcing court mandates.

Often, when these citizens are arrested and brought to court, they are frequently released, which demoralizes the officers involved.

This situation has led the public to feel empowered to confront court officers while they carry out court orders, believing there will be no repercussions. The courts must take action against citizens who engage in violent behavior or disrupt the enforcement of their judgments. Such measures would reinforce respect for the judicial process, regardless of who is involved.

In accordance with Article 4, Section 2 (1) of the Liberian National Bar Association (LNBA) By-Laws and Constitution, the election of officers occurs every three years. This leadership, led by the humble servant, was elected on November 28, 2021, at the National Convention to guide the organization for a three-year term.

This year being the third year following the ascendancy of your humble servant, the Bar’s next election is slated for November 30, 2024 in Ganta City, Nimba County, to elect a new corps of officers to govern the Bar for the next three (3) years.

“I will be officially exiting the presidency of the Liberian National Bar Association (LNBA) at the end of this year. As such, this is my last response to the address of the Chief Justice during any opening of this Honorable Court”, he underscored.

To ensure a smooth transition, the LNBA has appointed an Elections Committee endorsed by its National Executive Council. The committee, chaired by Cllr. J. Daku Mulbah, includes Cllrs. Kim Amelia Harris, Ade Wede Kekuleh, P. Beryl Best, and Atty. George N. King. The National Executive Council has approved the guidelines provided by the committee, which will be published this week.