| Author |
 Topic  |
|
|
kobo
United Kingdom
7765 Posts |
|
|
shaka
996 Posts |
 Posted - 03 Dec 2009 : 18:31:44
|
| Saachay Mbowe!!!!!!! Chorrrrrr!!!! |
 |
|
|
Momodou
Denmark
11823 Posts |
Posted - 04 Dec 2009 : 16:30:49
|
JUDGES BEFORE COURTS WITHOUT NATIONAL ASSEMBLY PROCEEDINGS
WHEREIN LIES THEIR IMMUNITY?
Foroyaa had been informed that Judges of the High Court, namely, Justice Nguie Mboob Janneh, and Justice Amina Saho Ceesay as well as the Judicial Secretary Mr Haruna Jaiteh were being subjected to some form of enquiry before a Commission established at the level of the judiciary. It was rather strange for us to hear that judges of the High Court who are suspected of misconduct would be subjected to enquiry before a commission establish by the Judiciary. It is all the more perplexing when some of the Judges are subjected to criminal proceedings while holding the office of judge. We want the Chief Justice and the Judicial Service Commission to take a second look at this development.
The fact that the Judges are before the Court for trial without any indication that they had been removed from the office of Judge we have no option but to call the attention of the authorities to the Constitutional provisions and ask them to take heed.
We have looked at the provisions of the Constitution to find out whether any provision exists to subject judges before a tribunal while they hold the office of judge. The only provision which permits the setting up of a tribunal is section 141 of the Constitution which deals with the removal of Judges from office. In this light we are of the view that the Constitution aims to protect people holding high Judicial Office. This is why it has created procedures for the removal of a judge for misconduct before the person could be subjected to any other proceedings for such misconduct. This is what the relevant portion of section 141 states:
(4) The Chief Justice, a Justice of the Supreme Court, the Court of Appeal and the High Court and members of the Special Criminal Court may only be removed from office for inability to perform the functions of his or her judicial office, whether arising from infirmity of body or mind, or for misconduct.
(5) A judge may be removed from his or her office if notice in writing is given to the Speaker, signed by not less than one-half of all the voting members of the National Assembly, of a motion that a judge is unable to exercise the functions of his or her office on any of the grounds stated in subsection (4) and proposing that the matter should be investigated under this section.
(6) Where a notice of a motion is received by the Speaker under subsection (5), the Speaker shall forthwith cause a vote to be taken on the motion without debate
(7) If such motion is adopted by the votes of not less than two-thirds of all members of the National Assembly-
(a) The National Assembly shall, by resolution, appoint a tribunal consisting of three persons, at least one of whom shall hold or shall have held high judicial office who shall be the chairman of the tribunal;
(b)The tribunal shall investigate the matter and shall report to the National Assembly through the Speaker whether or not it finds the allegations specified in the motion have been substantiated.
(c) If the tribunal reports to the National Assembly that it finds the particulars of any such allegation have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation;
(d) if the tribunal reports to the National Assembly that it finds that the particulars of any such allegation have been substantiated, the National Assembly shall consider the report at the first convenient sitting and if, on a motion supported by the votes of not less than two-thirds of all the members, the National Assembly resolves that the judge be removed from office, the judge shall immediately cease to hold office.
(8) Where a tribunal is established under this section in respect of any judge, the judge shall stand suspended from office. The suspension shall cease to have effect if the tribunal reports that none of the allegations against the judge has been substantiated of if a motion for his or her removal from office is not supported as provided in paragraph (d) of subsection (7).
(9) All proceedings in a tribunal under this section shall be held in camera and the judge concerned shall have the right to appear and be legally represented before the tribunal.
In our view before any judge is charged with a criminal offence and taken before a court he or she should be subjected to impeachment proceedings. We hope the authorities will review the observations and guide the Justice system accordingly.
Source: Foroyaa Online |
A clear conscience fears no accusation - proverb from Sierra Leone |
|
|
|
kobo
United Kingdom
7765 Posts |
Posted - 04 Dec 2009 : 16:51:34
|
quote:
Originally posted by shaka
Saachay Mbowe!!!!!!! Chorrrrrr!!!!
"PRESUMED INNOCENT UNTIL PROVEN GUILTY!"
Refer to editor's note on Foroyaa Court Grants Bail to Justice Amina Saho Haruna Jaiteh Still Remanded under http://www.foroyaa.gm/modules/news/article.php?storyid=4071 |
Edited by - kobo on 04 Dec 2009 16:53:32 |
|
|
|
shaka
996 Posts |
Posted - 04 Dec 2009 : 16:56:52
|
| Alright, alright. Follow protocol, sack their arse if found wanting and chase them down Independence Drive with a baying mob. There is no place for thieves in high places in the judiciary. A thieving judge is a corruptible official and therefore falls short of performing their functions honestly and dilligently. |
|
|
|
Karamba
United Kingdom
3820 Posts |
Posted - 04 Dec 2009 : 20:20:37
|
quote:
Originally posted by shaka
Alright, alright. Follow protocol, sack their arse if found wanting and chase them down Independence Drive with a baying mob. There is no place for thieves in high places in the judiciary. A thieving judge is a corruptible official and therefore falls short of performing their functions honestly and dilligently.
Corrupt leader, corrupt system, corrupt custodians of judiciary instruments. Scaring!! |
Karamba |
|
|
|
shaka
996 Posts |
Posted - 04 Dec 2009 : 23:20:14
|
| To stay clean in a corrupt system is a virtue worth commending. A thief is a thief no matter how corrupt the system he/she operates within. Those who are so willing to do the dirty biddings of the dictator for selfish gains don't deserve my sympathy when they fall foul with the system. |
|
|
| |
Topic |
|
Topic Locked
