No justification for judicial shortcut

Former Presidential contestant Cllr. Tiawan Gongloe is warning President Boakai not to give any justification for short-cutting the judiciary when it comes to applying the rule of law. 

By Lincoln G. Peters 

Monrovia, Liberia, August 13, 2024—Former Presidential contestant and renowned Liberian human rights lawyer Cllr. Tiawan Saye Gongloe warns the Government of Liberia, especially the executive, that there should be no justification for judicial shortcuts in applying the rule of law. 

“There should be no justification for shortcuts, expediency, or convenience when it comes to adhering to the rule of law. In many countries, including Liberia, we have seen instances where political interference has compromised the judicial system’s integrity”, Cllr. Gongloe points out. 

He gave the warning over the weekend at the induction of officers of the Noble Second Floor of the Louis Arthur Grimes School of Law, University of Liberia in Monrovia.

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. 

The gathering brought together several legal scholars, current and former government officials, and law students.

He says the procedure provided by the Liberian legislature for the governance of Liberia must strictly be obeyed by the Executive Branch of Government, no matter how uncomfortable it may be to do so.

Gongloe further warns that 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 the law unconstitutional.

The Liberian People’s Party political leader argues that it is obvious that there are challenges in adhering to the rule of law, but despite these challenges, the legal profession holds a crucial responsibility, urging that lawyers, judges, and legal scholars must serve as guardians of the rule of law. 

He explains that this is what makes a democracy different from a monarchy or military rule but quickly adds that 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.

He stresses that the court must always be bold and courageous in defining the law and that the law must always control political actions and decisions to maintain its supremacy. 

“It is our duty to advocate for an independent judiciary, to uphold ethical standards, and to resist any attempt at undermining justice. The protection of individual and group rights depends on the relentless and uncompromising dedication to upholding the rule of law. This requires courage, integrity, and an unwavering commitment to fairness”, Cllr. Gongloe continues. 

Accordingly, he adds that politics, by nature, is the pursuit of power and governance therefore, when those in power wield their influence over the judiciary or legal processes, it can undermine the very essence of justice. 

Explaining the consequences, he lamented that this could lead to selective justice, where the law is applied differently based on political affiliations or interests, eroding public trust in legal institutions.

“The intersection of politics and the rule of law is a development that has been debated and scrutinized throughout history. 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.”  

He describes the rule of law as the principle that upholds justice, fairness, and equality, adding that it is not a debatable issue that the absence of the rule of law leads to chaos and an atmosphere where only the strong survive, a rule of the jungle. 

The LPP political leader says this means that the existence of the rule of law is a necessary condition for peace, harmony, unity, and normality in any community, society, nation, or state.

He further indicates that such interference can manifest in various forms, including appointing judges based on political loyalty rather than merit and manipulating legal processes to protect allies and punish adversaries. 

“These actions”, Cllr. Gongloe says, “do not only violate the principles of the rule of law but also threaten the foundations of democracy itself.”

He cites respect for the separation of powers as an example, which he says is essential to the survival of democracy. He adds that it requires actors in each branch of government not to go beyond the boundaries established by the Constitution and statutes. 

Cllr. Gongloe, also former president of the Liberian National Bar Association, is noted for his outspokenness and frankness in speaking truth to power, whether from the eras of jailed former Presidents Charles Ghankay Taylor, Ellen Johnson Sirleaf, George Weah and incumbent President Joseph Nyuma Boakai, that he supported in the second round. Editing by Jonathan Browne