Voinjama — In Liberia, the Constitution provides that the Supreme Court is the final arbiter of justice with no other hope for any individual against whom the Supreme Court gives an opinion.
Article 66 of the 1986 Constitution is so clear as it states in part “The Supreme Court shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact except cases involving ambassadors, ministers, or cases in which a county is a party… .”.
Perhaps the only other hope any individual who disagrees with the Supreme Court’s opinion in Liberia is God, and until that time, the opinion by the Supreme Court is final and nothing can change it.
In some instances, the Court recalls its own opinion, but sometimes after the person affected by the decision has already served the punishment.
One man believes while the ruling by the Supreme Court is final, he has a right to seek clarity from the High Court relating to the way in which the Court has given an opinion in involving him.
Before his recent statement seeking clarity, Lofa County Senator-elect, Brownie J. Samukai, was hopeful that he could finally take his seat as senator of the county after making 50 percent (US$182,000) payment of the total amount of (USD383,552.10) for which he was found guilty of misapplication of entrusted property, theft of property and other criminal offences by Criminal Court ‘C’ with such ruling confirmed by the Supreme Court.
After making such payment, Samukai was hopeful that the Superme Court would have mandated the National Elections Commission (NEC) to certificate him, but the Supreme Court in its opinion indicated that the Senator-elect should not be certificated until his disability is resolved.
With the level of disappointment that comes with the decision by the High Court, the Senator-elect had not held back as he is now demanding the High Court to provide further clarity on what is meant by ‘disability’.
“Let them be clear”- says Samukai
Speaking in Voinjama, Lofa County recently upon arrival, Samukai said: “Let them tell me clearly what is this disability that I am faced with that I need to address as a remedy before I can get certificated”.
According to Samukai nothing should be ambiguous about the interpretation of the word “disability” as being used by the Supreme Court in blocking his certification by the NEC.
He added: “Nothing should be ambiguous, let them say what Samukai needs to satisfy in order for him to be certificated, I will be very pleased with that”.
The former defense minister said any individual will not be satisfied with what he termed as somebody trying ‘to put a rope around your neck and hang you’.
“Somebody trying to put a rope around your neck and hang you on a gallop, will you be satisfied with that? he inquired.
Speaking on other political issues, Samukai said the opposition Collaborating Political Parties (CPP) is very supportive of his situation along with the people from Lofa County and even individuals within the government at all levels.
He noted that many people are limiting his situation to mere accusations and reducing the conversation to small issues without facts instead of looking at ideas, noting that he is willing to work with the President George Weah-led Government when inducted into office.
“They cannot stop my ideas, I am willing to work with the Weah-led government when inducted as senator of Lofa County because no one can work in isolation of the government, we have to build consensus and share ideas, it is about relationship”, he said.
He observed that Lofa County has numerous needs, including the Tellewoyan Memorial Hospital, bad road networks and other issues affecting the people, which he has vowed to prioritize among many other priorities during his first 100 days in office when inducted as senator of the county.
Although the Supreme Court is yet to further clarity on the issue of the disability, legal pundits believed the full payment of the amount for which Samukai was convicted could be some of the disabilities referenced by the Court in its opinion.
Should Samukai and his supporters raise the required amount, perhaps, his rights would be restored in accordance with Article 21 (j) of the constitution.
Article 21 (j) provides “Any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil rights and liberties, shall have the same automatically restored upon serving the sentence and satisfying any other penalty imposed, or upon an executive pardon”.