By Garmah Lomoh|Judiciary correspondent
Lawyer representing the International Maritime Organization boss Cllr. Findley Kargar has asserted that the action of the CDC led government has imprisoned Atty. Isaac Jackson in his diplomatic compound in London thereby denying free movement.
One of Liberia’s human rights lawyers Cllr. Kargar said the government of Liberia has denied the Atty. Isaac Jackson passport and his salary for two years now thus making life in his diplomatic mission difficult and putting him in state of truma.
Cllr. Kargar in a telephone interview during the weekend told LPR that all those served this position as IMO served for five years before Atty. Jackson.
Responding to the Supreme Court ruling on Friday into the writ of prohibition filed by the petitioner(Isaac Jackson), Cllr Kargar maintained that the IMO head has been recalled because of bad governance by President Weah and his officials of government and their continue action to exhibit bad governance, and lack of will that had led Atty. Jackson to be victim and recalled.
Atty Isaac Jackson filed a writ of prohibition before the Supreme Court of Liberia last year in order to stop the government from prohibiting of him getting his passport and salary but still the Supreme Court Nailed him on the cross without regret.
“Matter involving Minister, diploma and President are usually filed before the Supreme Court, which Atty. Jackson did”, Cllr. Kargar added.
Cllr. Kargar though the Supreme Court has ruled in their wisdoms but he totally disagreed with ruling and threatened to file another actions before either the Supreme Court or other appropriate institutions and looking at numerous actions to be filed.
He noted that the suspension of his client license to not practice law for the period of one is a violation of his right because he does nothing whether directly or indirectly.
Jackson legal counsel, Cllr.Kangar stressed that the only thing protecting Atty. Jackson is his diplomatic compound where he is static and have no means of movement.
Cllr. Kangar disheartening that his client cannot afford a Dan to even walk around and it will be difficult for him to make his way to Liberia because the government has refused to give his passport and salary for two year since he has been recalled.
The Liberia Maritime Authority Law give Atty. Jackson the power to serve in that position for five years and not only him, all other persons that have served said position, went for five year. Why only Jackson? Cllr. Kargar questioned government and Supreme Court.
On Friday September 4,2020, the Supreme Court of ruled and nailed the IMO boss Isaac Jackson on the cross and also suspending his license for the period of one year.
In it ruling, the Supreme Court said for the effective operation of the government, the Legislature in the exercise of it’s authority granted by the Constitution, may create an institution or agency of government and make it independent from overacting.
The executive also influence, impact or interference of the President by giving tenure to it’s member and said action no way violates the power granted the President of Liberia under Article 56 of the 1986 constitution to appoint officials of government both in the military and civil authorities who hold officials at the will and pleasure of the president.
According to Supreme Court opinion, that while, the Liberia Maritime Act of 2010 gave tenure position of five years to the commissioner and deputy commissioner of the Liberia Maritime Authority, the position of permanent representatives to the International Maritime Organization (IMO) is not a deputy commissioner, the occupant of that position holds the status of a diplomat who may be recalled and or removed by the President of Liberia at his will.
Therefore, the petitioner( Isaac Jackson) who was appointed permanent representative to the IMO is not entitled to tenure.
The Liberia higher court further added that the extraordinary writ of prohibition filed by the petitioner Isaac Jackson will not lie where the act complained of is within the authority of the doer and no wrong rule was applied in the performance there of.
That the unprovoked verbal assault and insult by Atty. Isaac Jackson ( the petitioner) in this case directed at the Chief Justice of the Supreme Court Francis S. Korkpor is highly contemptuous and reprehensible the opinion said.
His letter of apology quietly written to the Chief Justice did not go far in making amends for such unwarranted act for this egregious act, Atty. Jackson is hereby suspended from the Practice of law in the republic of Liberia for the period of one calendar year commencing from the date of the judgement.
Atty. Jackson is ordered by the Supreme Court to write and publish a letter of apology to the Chief Justice of the Supreme Court and the entire Judiciary and have same publish three times in succession in two local dailies and one of which shall be the Front Page Africa newspaper.
The Supreme Court further said failure on the part of Atty. Jackson to do as directed herein after a period of three months, the suspension imposed on him shall be automatically turned into permanent disbament from the practice of law in the Republic of Liberia.
Wherefore, in view of the foregoing, the alternative writ of prohibition issued by the Justice in Chambers is hereby quashed and the peremptory writ prayed for is denied.
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