By Garmah Lomoh|Judiciary contributor
Supreme Court of Liberia Associate Justice in Chambers Jamesetta Wolokolie has declined to issue the writ of prohibition prayed by explled and rejected NEC nominee Cllr. Ndubusi Nwabudike of the LACC.
The Associate Justice did not state any reason why she declined from issuing the writ prayed by the LACC boss.
Cllr. Nwabudike filed a writ of prohibition before the Justice in Chambers Wolokolie in his expulsion by the LNBA.
It can be recalled on Thursday July 23,2020,the Liberian National Bar Association (LNBA) members appeared for the for a conference hearing at the Supreme Court and said, the Supreme Court of Liberia does not has Jurisdiction over private institutions because the expulsion of Ndubusi Nwabudike is involved with private institution.
The Liberian National Bar Association expelled the rejected NEC nominee on June 19th of this year for acquiring fraudulent citizenship thereafter, he filed a writ of prohibition to the Supreme Court of Liberia.
A writ of Prohibition is a writ directing a subordinate to stop doing something the law prohibits.
Team of lawyers appearing for the LNBA before the Justice in Chambers Jamesetta Wolokolie includes, Cllr. Tiawon Gongloe President of the LNBA, formers Chief Justice of Gloria Musu Scott, Francis Johnson Morris, former Associate Justice Weekie A. Wrights, Cllr. Milton Taylor among others.
Cllr. Gongole during the conference hearing on the prohibition said the law is clear on purely practice.
While, Cllr. Weekie Wrights argued that Supreme Court does has jurisdiction over the prohibition filed by LACC Boss Nwabudike because the LNBA is a private entity and asked court to quash the writ of prohibition because it was filed to the wrong place and therefore the Court has nothing to do with said writ.
Cllr. Wrights told the Associate Justice in Chambers Madam Wolokolie not to even waste her time by opening the case folder but rather she should close and give it to own or throw it through the window and also asked Justice Wolokolie to decline and not to go into the merit of the case because the Court does has jurisdiction over said matter.
Another team member of the LNBA and former Chief Justice of the Supreme Court Gloria Musu Scott said it the lower court particularly Civil law court has jurisdiction over matter and not the Supreme Court.
The former Chief Justice of the Supreme Court maintained that Cllr. Nwabudike was invited to appear before by the LNBA but he refused because all the requirements to be member of their institution was not met by the current LACC Boss.
You must be a Liberian Citizen before practicing law in Liberia something Nwabudike didn’t meet.
Madam Scott argued that every institutions has rules, regulations and constitution therefore they have the right to investigate their members if they are found any situation that might bring the institution to public disrepute and not the Supreme Court.
She asserted that the LNBA decides who become a member of their institution so the expulsion of Cllr. Nwabudike by the LNBA was never wrong as being claimed by lawyer representing Cllr. Nwabudike.
On the hand lawyers representing Cllr. Nwabudike, Cllr. Johnny Momo and Cllr. Alexander Zoe argued that the expulsion of their client doesn’t has any legal backing.
Cllr. Momo argument before the Justice in Chambers was the first requirement before practicing law in Liberia is that you must be a Liberian Citizen and Cllr. Nwabudike attended the law school and graduated from the University of Liberia and was even admitted into the LNBA and thereafter to the Supreme Court Bar.
Nwabudike counselor Johnny Momo further added that the Supreme Court has broad of examiners to examine any candidate whether they meet the requirements before been admitted into the high court Bar something Nwabudike met.
Cllr. Momo raised two issues whether or not the LNBA Committee can set a committee to investigate its member?
Whether or not the the LNBA can investigate a citizenship or nationality of its member? But he answered and said NO because the LNBA doesn’t has subject matter over that.
He further and said the citizenship or nationality investigation of an individual lies within the purview of the Liberia Immigration Service, Ministry of Justice and other relevant institutions and not the LNBA.
Nwabudike Cllr. Momo indicated that tribunal who has Jurisdiction over citizenship should be the one to investigate and more besides, the LNBA doesn’t investigation citizenship.
While Alexander Zoe another Counselor for the rejected NEC nominee disclosed that the expulsion done by the LNBA doesn’t has a statutory backing and more besides the LNBA doesn’t even has office to investigate citizenship or nationality of its members.
Cllr. Zoe revealed that the LNBA shot itself into the leg because his client was admitted into very Supreme Court Bar and how did he get there if he is not a citizen of Liberia.
Narrating further, Cllr. Zoe argued that the action of the LNBA also undermines the Supreme Court Bar and every lawyers practicing law in Liberia must firstly pay their Bar due something Nwabudike has always.
Earlier when Nwabudike was rejected by the Liberian Senate and subsequently his appointment was withdrew by President Weah, he filed a petition of Declaratory judgement before the Civil law court but withdrew his petition and filed a writ of prohibition before the Supreme Court.
