Monrovia — Former Sinoe County Senator now Associate Justice Joseph Nagbe has contested calls for him to recuse himself from the Supreme Court Bench during the hearing of the impeachment proceeding against Associate Justice Kabineh Ja'neh.
Associate Justice Nagbe, the newest Supreme Court Associate Justice, reaction was made at the Supreme Court Thursday, October 19, when lawyers representing the legal interest of the embattled Associate Justice Ja'neh, called for his recusal during the resumption of the proceeding at the Supreme Court.
Cllr. Arthur Johnson, who spoke on behalf of the team of lawyers representing Associate Justice Ja'neh drew the high court's attention when he called for the recusal of Associate Justice Nagbe from the case.
Before he was appointed Associate Justice, Nagbe was a Senator in the Liberian Senate and had taken part in the discussions on the proceedings of Justice Ja'neh's impeachment.
During the hearing, Cllr. Johnson told the Justices that two lawmakers of Montserrado County Districts #5 & #8, Reps Acarous Gray and Thomas Fallah, on July 17, 2018 petitioned their colleagues to impeach Associate Justice Ja'neh.
The two lawmakers accused the Associate Justice of multiple counts, including alleged corruption and the wanton abuse of public office. But Cllr Johnson claimed that at the time when the petition was filed by the two lawmakers to the Plenary, Justice Nagbe was still a member of the Legislature representing the people of Sinoe County up to August 8, 2018 when he was commissioned by President Weah.
According to Johnson, the Sinoe County former Senator was there when the House of Representatives transmitted the Bill of Impeachment to the Senate as well as being there when the Supreme Court Associate Justice Sie Nyene Youh issued a stay-order on the impeachment process, which the lawmakers of the House failed to honor citing the separation of power among the three branches of government -- Legislature, Executive and Judiciary.
"Petitioner reasonably believed that there is a normal interaction formally or informally between members of the House of Representatives and that of the Senate that is to reasonably conclude that Associate Justice Nagbe took part in discussions of the impeachment of Justice Ja'neh as Senator of Sinoe County," said Cllr. Johnson as he prayed the high court for Associate Nagbe to recuse himself for the expeditious handling of this case.
Cllr Johnson's submission to the high court trickled an objection from Solicitor General Cllr. Daku Mulbah, who called on the high court to reject and deny the submission because the Writ of Prohibition filed by Associate Justice Youh was not filed on the Legislature.
According to Cllr. Mulbah, the two Houses have two distinct roles in the impeachment process as the House of Representatives is a respondent that served the Bill of Impeachment while the Senate of which former Senator Nagbe was a member presides over impeachment hearings. "The Ministry of Justice further that the petitioner has produced no facts or evidence to support his claim or contention as the claim is purely based on assumption which the court of law does not entertain," added Cllr Mulbah, who also prayed the high court to ignore and deny the submission made by Cllr. Johnson
