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| LIBERIA'S SUPREME COURT JUSTICES |
One of the Counts the House of Representatives used and relied upon to politically draw up a Bill of Impeachment against Associate Justice Kabineh M. Ja’neh carries that he “abused power” and “took a 90-year old woman’s land.” This information is false and grossly malicious. It is being used without shame for public sentiments. Ja’neh did not “abuse power” to take away and deprive anyone of their rightful property.
The fact is, in 1997, Cllr. Kabineh Ja’neh purchased the said property from Mr. Nyema Constance, Jr. when he (Ja’neh) was a private citizen. At said time, Ja’neh held no govt position of authority. The property in question was originally owned by the deceased father of the seller, Mr. Nyema Constance, Sr. who was issued Letters of Administration by Jehu Striker, then Judge of the Monthly and Probate Court of Montserrado County in the 1960s. After the death of Constance, Sr., the same court in 1996 under Judge John Greaves issued Letters of Administration to Constance Jr., with a mandate to sell and dispose of any property of the Intestate Estate of his late father J. Nyema Constance Sr., including the disputed 0.54 lot of land.
After Constance, Jr. died in 1998, his mother, Mrs. Constance who is the 90-year old woman took issue over the sale. Ja’neh hired a Lawyer, Cllr. Cooper Kruah to represent his interest in keeping with law. Cllr. Kruah, who is now Minister of Post and Telecommunications, communicated with the woman: “We have been retained by Mr. Jusufu D. Fofana, the Attorney-In-Fact for the property in which you reside, to give you a 30-day notice to vacate for renovation.
Mr. Fofana’s principal, Cllr. Kabineh M. Ja’neh purchased this property from J. Nyema Constance, Jr. in the year 1997, with the approval of the Probate Court for Montserrado County.” The letter further read, “In view of the above, it is our hope that you will strictly adhere to the dictates of this communication and govern yourself accordingly.” The letter continued, “In the event you fail and neglect to vacate within the period specified herein, we shall be compelled to proceed against you legally to have you ousted from the subject property.”
When attempts to resolve this matter at the Lawyer’s Law Firm, the matter was taken to Court. At the end of the hearing, Judge Boima Kontoe ruled in favor of Kabineh Ja’neh. Mrs. Constance Lawyer took exception and announced an appeal before the Supreme Court. In October 2013, almost six months later, Cllr. Kruah obtained a clerk’s certificate that after the filing of the exception, Cllr. Yeakula had taken no further step to perfect the appeal. Later, on December 2, 2013, Cllr. Kruah filed an appeal before the Supreme Court to dismiss Cllr. Yeakula’s appeal; the court ruled in October 2017, in consonance with the law.
The Supreme Court gave its opinion on October 12, 2017, which judgment mandated then Judge Boima Kontoe to enforce it (opinion) by evicting Mrs. Constance and her children.
Because his personal interest was involved, Justice Ja’neh did not sit on the hearing; he did not signature that judgment. He RECUSED himself. It was only the four other Justices, including Chief Justice Francis Korkpor, who signed it. The Supreme Court ruled, dated October 24, 2017.
The Supreme Court ruled and said: “The Motion To Dismiss the appeal is hereby granted, and Yeakula’s appeal is dismissed,” adding, “the Clerk of Court is hereby ordered to send a Mandate to the Civil Law Court, mandating the Judge presiding there to resume jurisdiction over this case and give effect to this judgment.”
So, with these available facts, how did Justice Ja’neh “abuse power”? He did not participate in the case when it was brought before the Supreme Court. He did not sign the Judgment. He RECUSED himself to avoid conflict of interest. The Chief Justice and three other Associate Justices ruled based on the reasoning of the law. Why go after Kabineh Ja.neh as tho he sat on the case in his own interest to the disadvantage of Mrs. Constance? If the House is not politically driven with hidden motives against Ja’neh; then go prepare a Bill of Impeachment against the Chief Justice and three other Associate Justices that rendered said Judgment.
Let me see how that is even possible to remove a Judicial Official for performing a judicial function!!!!!
By:Abraham Darius Dillon