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While Liberians, and our nation is under threat from a deadly
killer Ebola virus, our noble political party, the Congress for Democratic
Change (CDC) continue to embarrass and disgrace all CDCians, in an unnecessary and
silly leadership crisis. Instead of joining forces with other well-meaning
Liberia to help kick Ebola out of Liberia; in the CDC, gangster leadership is
romancing with due process and serving jungle justice. Let me express humble
apologies, to all Liberians, for such a distraction and insensitivity from the
main opposition Congress for Democratic Change (CDC).
In CDC Grievance
and Ethics ruling, not once did Justice Samuel Tweah mention the name-Robert
Sirleaf. Why did Justice Tweah so cleverly neglect to mention Robert Sirleaf:
when this whole CDC leadership dispute is supposed to be about National
Chairman George Solo selling a CDC seat to Robert Sirleaf?
In the CDC, a
Grievance and Ethics Committee (GEC) serves as the judiciary; it was
established to operate in a similar fashion as a court would do, in the
Judicial Branch of government. Therefore, the critical function of the CDC
Grievance and Ethics Committee (GEC), just like a court, is to resolve internal
administrative and operational disputes. A GEC dispute resolution must offer
dispassionate neutrality in deciding cases, so that aggrieve partisans do not
employee private remedies, including violence, to preserve their welfares. In
its neutrality, the GEC must assign blame for organizational misconduct, in
keeping with the Constitution and By Laws of the CDC, consistent with the
National Laws of Liberia, and offer judgment to repair the CDC democratic and
good governance credibility.
By its nature,
the court, like the GEC, is not consider by many expert as the best place to
resolve political questions, which borders on pure power struggle, as in the
case of the ongoing leadership crisis in the CDC: where a few executive
committee members are claiming to dispossessed National Chairman George Solo, of
the right, to run the day to day activities of the CDC, like calling of
executive committee meetings. In such situation, even the American court has
apply what is generally consider as judicial restraint, to save the court from
dispensing bias and prejudicial judgment, and from becoming an unnecessary and
inappropriate accomplice in a political power struggle. The court has left such
decision to the people, in the CDC case, the few EC members should have
submitted an appeal to the CDC National Congress, not to hijack political power
in a gangster fashion, and declared the National Chairman removed and later
suspended- without due process. The primary reason for judicial restraint, by
the court, regarding political power play, is to preserve the combative nature
of, particularly the separation of powers inherent in a democratic and
constitutional form of governance i.e. the authority of the CDC National
Chairman vs the authority of some EC members. This is what this whole
leadership crisis in the CDC is about: a power struggle.
One can hasten
to conclude, the type of judgment emanating from the CDC's Grievance and Ethics
Committee, to order suspension of National Chairman Solo for two years, exceeds
their fundamental constitutional function and the implications of such judgment
can only be characterize as jungle justice advocacy.
It is too easy to reach such a conclusion, given the general
claim of CDC Justice Samuel Tweah, which is pillar on prejudice and parochial
interest. What is the essence of a two years suspension, which goes beyond the
end of the National Chairman tenure in 2016? When properly examined, the two
years suspension is a chameleon version of the initial illegal removal
resolution, which Justice Tweah celebrated as the finest day in the CDC. From
the very beginning of the CDC leadership crisis, upon the issuance of the
illegal removal resolution by some EC members, Justice Samuel Tweah, without
examining subject matter facts, rendered a bias and prejudicial view against
National Chairman Solo by declaring: "First time CDC executives took a
decision against the chairman uninfluenced by Weah, with no input from others
is the finest day in the CDC.
The majority made a consensus and independent decision. We need
to move in the direction where the emphasis is moved from Chairman to the
Executive Committee." Tweah had already declared his support for the
initial illegal removal resolution; how then can he claim to act as an
impartial and unbiased judge? Such bias act by Justice Tweah undermined the
credibility and integrity of the Grievance Committee, for failing to follow
ethical procedure in keeping with judicial fairness. Following rejection from
the National Election Commission, of their illegal removal resolution, the same
EC members- upon their jungle authority- reversed themselves and further
declared National Chairman Solo suspended and ordered the National Chairman to
submit to an already prejudicial and bias Judge Samuel Tweah.
Tweah would proceed to initiate a jungle grievance process,
without consent from the National Chairman, although he is an appointee of the
National Chairman. The only witness who claimed to have a conversation with
Chairman Solo during Tweah jungle hearing was Witness Mulbah Morlu. “Asked
during the hearing whether these conversations [about Chairman Solo selling CDC
seat to Robert Sirleaf] were ever brought to the attention of the NEC, Mr.
Morlu answered to the contrary (GEC ruling, p8).” "Asked whether similar
offers or promises were made to other members of the NEC, Mr. Morlu responded
that such promises could not be made since the National Chairman wanted to
proceed secretly (GEC ruling, p10).”
Without independent corroboration of Witness Mulbah Morlu
testimony, Judge Samuel Tweah declared National Chairman Solo guilty for
solicitation. Tweah writes in his judgment, "The Vice Chairman for
Operations argued before the GEC that the primary responsibility of any
National Chairman of the CDC is to uphold and protect the interests of
partisans of the CDC. He stated that on numerous occasions, the National
Chairman, George Solo, had engaged him in discussions about trading CDC’s
senatorial bid in Monserrado County in exchange for finances to support the
CDC." Additionally, Justice Tweah deepens the jungle of gangster justice
and "bleached" himself of all integrity to render any ethical
decision in the CDC- by admitting into evidence an illegal voice recording.
By what legal authority did Tweah relied upon, to admit a
private sound recording purporting to be statements from National Chairman
Solo, in conversation with Witness Mulbah Morlu? How Tweah did reached such a
conclusion that it was National Chairman Solo's voice? Liberia's criminal laws
are very clear that any illegal recording, without consent from the recorded
person, is fruit of the poisonous tree and inadmissible in any competent
judicial process. Conversely, it was the same Justice Tweah that influenced the
CDC to condemn recordings by Ellen Corkurm, as illegal and inadmissible
evidence, regarding the RIA airport saga. Thus, Tweah admission of similar
kinds of illegal recordings exposes his prejudice towards National Chairman
Solo, and further confirms his public statement to "destroy the CDC."
Judge Tweah’s
findings are rather contradictory and humorous, it shows the only witness,
Mulbah Morlu testified that National Chairman Solo wanted to trade the
"CDC’s senatorial bid in Monserrado County in exchange for finances to
support the CDC." Interestingly, Judge Tweah agrees that it is not a crime
to trade a CDC seat "in exchange for finances to support the CDC."
Judge Tweah writes, "It may be an objective of the CDC not to field a
particular candidate in a coalition arrangement. In exchange, the coalition may
reward the CDC in any shape or manner which may include finances. Section 108
of Article 20 regards such a quid pro quo as a ‘common objective’ and a
National Chairman in pursuit of any such common objective is not in violation
of the CDC constitution."
The issue
arises, if Judge Tweah admits that National Chairman Solo is not guilty for
holding discussion with Robert Sirleaf, for a "coalition arrangement,”
towards a ‘common objective,’ to “reward the CDC in any shape or manner which
may include finances;" then how is the National Chairman guilty for soliciting
Mulbah Morlu to support a legal and valid "coalition arrangement,” towards
a ‘common objective?’ If an individual is not guilty for a specific action, how
is that same person guilty for soliciting support for the exact action, which
is not a crime? How would National Chairman Solo gained support from the CDC
executive committee for such a "coalition arrangement,” towards a ‘common
objective,’ to “reward the CDC in any shape or manner which may include
finances" if Chairman Solo does not consult with other executive committee
members? Did Tweah expect for Chairman Solo to single handedly commit the CDC
to such a "coalition arrangement," towards a ‘common objective,’ for
"finances" without approval from the executive committee? Tweah
ruling leaves good governance, the core of constitutional democracy, venerable
and crushed under an undemocratic militant and EC majority impulse of tyranny.
Mature and reasonable members, in any organization, would
celebrate and embrace the fact- their National Chairman respects the views of
other leaders, and desire their input in national decision making. It appears,
Justice Tweah rejects the exercise of such good governance by National Chairman
Solo. Instead, Jungle Justice Tweah serves jungle justice from the hostel of
jungle damsels, calling it a CDC EC majority decision. Alexander Hamilton, one
of America's greatest founding father argues, the purpose of the judiciary
"is equally requisite to guard the Constitution and the rights of
individuals from the effects of those ill humors which the arts of designing
men, or the influence of particular conjunctures, sometimes disseminate among
the people themselves, and which, though they speedily give place to better
information, and more deliberate reflection, have a tendency, in the meantime,
to occasion dangerous innovations in the government, and serious oppressions of
the minor party in the community. "
In his
concurring opinion of Dennis v. United States, 341 U.S. 494, 525 (1951),
Justice Frankfurter asserts, "History teaches that the independence of the
judiciary is jeopardized when [CDC Grievance Committee] become embroiled in the
passions of the day and assume primary responsibility in choosing between
competing political, economic and social pressures." The result is jungle
justice, nurtured by undemocratic militancy, and enforced by gangster
leadership. Thus, James Madison asserts: “If men were angels, no government
would be necessary. If angels were to govern men, neither external nor internal
controls on government would be necessary.” And so Madison insists, “ambition
must be made to counteracted ambition." Therefore, the Congress for
Democratic Change (CDC) march towards 2017, an opportunity to clinch state
power, cannot continue to tolerate jungle justice, in which the struggle for
political leadership is simply a matter of displaying undemocratic militancy,
and gangsterism leadership. Liberia has suffered too long from misanthropic
antidemocratic behavior, therefore, I call upon all well-meaning CDCians, to
join the battle for due process, not jungle justice; constitutional democracy,
not undemocratic militancy; good governance, not gangsterism leadership.
Watch out for
Part II......................
Chorphie Charlie is a social and
political commentator who resides in Pennsylvania. He can be reached at
gbanapekin@hotmail.com