The Supreme Court of Liberia Chambers Justice Yamie Quiqui Gbeisay has ruled in an opinion that the former Liberia Anti-corruption Commission (LACC) boss Cllr. A. Nbudusi Nwabudike still remains banned from practicing law in the Republic of Liberia until he meets up with his requirements with the Liberian National Bar Association (LNBA).
Justice Gbeisay’s decision came as a result of a petition which grows out of a criminal indictment by the Government of Liberia who is the petitioner against five former officials of government to include Samuel D. Tweah, former Finance Minister, Jefferson Karmoh, former Security Advisor to former President George Weah, Stanley Ford, (respondents) charged for the commission of the crimes of Economic Sabotage, Misuse of Public Money or Record, Theft and/or illegal Disbursement and Expenditure of Public Money and Criminal Conspiracy.
Justice Gbeisay backed one of prosecutions’ counts in the petition, which talked about striking Cllr. A. Ndubuisi Nwabudike name from the case because he is an unlicensed lawyer; affirming that Nwabudike is not a licensed lawyer.
He said a counselor-at-law should be courant with the practices and procedures hoary with time in the jurisdiction and should know how to navigate his way in the legal intricacies of the jurisdiction.
“The law is simple and clear, if an order of the Supreme Court is being violated, a proper remedy is to bring this to the attention of the Court through a bill of information,” said Justice Gbeisay.
The Justice In-Chambers maintained that the Supreme Court has sufficient authority to make sure its judgment is enforced; adding that the court cannot do for a party litigant what he or she ought to do for him/ herself.
“Our laws are clear and straightforward on this point. The statute provides that no person shall practice law or appear before any court as an attorney or counsellor-at-law without a lawyer’s license.” Kanna Vs. Smith et al. 24 LLR 359, 363 (1975); M. 1. M. Timber Company v. Bayeh, 20 LLR 357, 358 (1971); Johnson v. Smith, 26 LLR 33, 335 (1976). Justice Gbeisay ruled.
From the synopsis of the facts in the case, the Justice said there are two salient issues the court must decide to bring an end to the controversy.
Questioning, whether did the trial Judge err when he denied state lawyers’ motion to strike for the signing and verification by an alleged non-licensed lawyer; he said under Rule Five of the General Rule applicable to all courts in Liberia, “no person shall practice law or appear before any court in the bailiwick of this country either as an attorney or counselor-at law without a lawyer’s license obtained from the Liberian National Bar Association (LNBA) after paying his/her LNBA due; as such, obtaining a bar license to practice law in Liberia is mandatory, stating that Counselor A Ndubuisi Nwabudike is not in good-standing with the LNBA.”
Cllr. Nwabudike relied heavily on the Supreme Court’s October 2023 Opinion as he prayed the court to restore his status as a practicing Counselor-At-Law of the Supreme Court Bar and reinstate his License to enable him freely practice law within the bailiwick of the Republic of Liberia.
For the purpose of the opinion, Justice Gbeisay quoted a relevant portion of said ruling which states: “Whereas the Supreme Court can convened and reviewed the petitioner’s petition for reinstatement to the practice of law in this jurisdiction, now therefore, this Court being satisfied that the period for which the petitioner, A. Ndubuisi Nwabudike, was suspended from the practice of law, having expired, and he having obtained an oath of allegiance consistent with the law on the 9th day of February A.D 2023, it is hereby adjudged that the suspension imposed on petitioner Nwabudike is hereby lifted and his status as a legal practitioner in all courts of the Republic of Liberia is restored further his right to obtain his license to practice as a lawyer is hereby reinstated, to enable him to pursue his professional career with all rights and privileges pertaining thereto. The clerk of this Court is hereby mandated to inform the petitioner by and through his lawyer of this judgment. The Clerk is further mandated to inform the National Association of Trial Judges in Liberia and the LNBA of this judgment. And it is hereby so ordered.”
The Presiding Chamber Justice outlined Rule five which is applicable in all courts provided as follows: Lawyers and Law Firms must obtain their annual license to practice law and operate a law firm by the second Monday in March each year.
He said if a lawyer has not obtained their annual license by the deadline, they are prohibited from practicing before any court, practicing before any administrative tribunal, practicing before any government agency either directly or indirectly.
Also, the Justice In-Chambers said lawyers must also ensure that their annual due to the Liberian National Bar Association are paid by the second Monday in March, failure to pay dues, results in the same restriction from practicing law.
He said for one to be a qualified legal practitioner in Liberia, there are two mandatory requirements: (a) pay bar dues, and (b) pay annual license.
“Both of these must be completed by the second Monday of March of each year. Viewing the above Supreme Court Opinion of which this Justice is a signatory, together with the said Rule Five hereinabove quoted.
Justice Gbeisay said his Chambers is of the opinion that the Opinion did not abrogate or nullify the intent of the Supreme Court’s judgment which was to enable Cllr. Nwabudike to proceed to the office of the LNBA and meet up with the two basic requirements; that is pay his bar dues and proceed to pay for his license to enable him practice law equally in the jurisdiction.
By T.Q. Lula Jaurey
