The Resident Circuit Judge of Grand Bassa County, Joe Barkon has requested lawyers and civil society to engage Boakai administration over what he calls “flagrant violations of the rule of law.” Speaking Monday, August 12, 2024 during the opening of the 2nd Judicial Circuit Court in Buchanan, Grand Bassa County, Judge Barkon said the suspension of the Executive Governor of the Central Bank of Liberia (CBL), Aloysius Tarlue, was not accorded due process and is in violation of the 1986 Constitution of Liberia.
“Let me use this occasion to encourage the Liberian National Bar Association (LNBA), the Grand Bassa Bar Association, and other professional and advocacy institutions, like civil society, not to sit in silence but should constructively engage the Executive Branch of government and other relevant authorities to provide the space within a reasonable time frame and ensure that the individuals who have been accused of wrongs and suspended from their respective offices be accorded due process of law,” the Grand Bassa Resident Judge said.
Judge Barkon said this should be done in a reasonable way for the accused to either exonerate themselves from the allegations levied against them, or be held for the charges after a free and fair trial.
Quoting Article 20(a) of the 1986 Constitution, Judge Barkon said, “No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law.”
The Grand Bassa Judge said since the inception of the administration of President Boakai, there have been lots of cries on radio and other media outlets in and out of the country of the government’s action of indefinite suspension from duties of individuals with positions from several government agencies and entities.
Highlighting instances, Barkon named the Liberia Telecommunication Authority (LTA), the Governance Commission, National Social Security and Welfare Corporation (NASSCORP), the Governor of the Central Bank of Liberia, and other allegations of arbitrary dismissal of some government employees at various public institutions.
He cautioned President Boakai of the violations and urged that his government accords these personalities due process of law, so that they can be heard before a court of competent jurisdiction consistent with the proceedings applicable, either to establish their guilt/liability.
He said history reveals that one of the causes of the Liberian civil conflict was due to the disregard to upholding the basic principles governing the rule of law which encompasses the respect for human rights, human dignity and values, amongst others.
“We as a nation and people should desist from threading such ugly path again so that we all may live in peace and harmony irrespective of our religion, social class and status, association, ideological beliefs, culture and societal norms, and our expressions to critical national issues of tenure,” the judge said.
Judge Barkon said everyone is duty bound to be law abiding as citizens, residents, and governing authorities for the promotion of good governance and social justice that will engender peace and stability, attract direct foreign investment for jobs creation, and economic growth and development of the country.
The Judge said anything contrary on the part of government not to have regard for the rule of law, it could retrogress the peace and progress Liberians have made over the years and may lead to civil upheaval and conflict among the citizens and between those who feel suppressed and oppressed by the governing authorities of the day. This, he said, may endanger the peace of the country under such a situation.
Judge Barkon said both the past and present governments of Liberia are under binding obligation to have upheld or uphold every provision of the Constitution, Statutory Laws, as well as Customary Laws of Liberia to promote good governance and a peaceful and harmonious society.
He said the due process of law is meant to try before it condemns which proceeds upon inquiry and renders judgment only after trial.
“Let me remind all of us that the Labor Laws of Liberia and the Case Laws of the Supreme Court have for time without number said that indefinite suspension of an employee for a protracted period of time without investigation or trial is equivalent to a dismissal,” Barkon said.
He said that the principle or concept of upholding the rule of law demands from every citizen, resident, governing authorities of the day to abide by all provisions as contained within the 1986 Constitution of Liberia and all other statutory laws enacted by the Legislature to engender a peaceful, coexisting and a law abiding society.
