Yesterday, at the Chamber of the Supreme Court, representatives from the House of Representatives failed to appear before Associate Justice Cianeh Clinton-Johnson to justify their stance on whether legislators hold the duty to carry out criminal investigations. This strongly implies that they might disregard any judicial orders directed towards them.
Furthermore, there isn’t any documentation indicating that the legislators requested a delay or provided an explanation, which is typically customary, when dealing with hearings at the Supreme Court, the nation’s top judicial body.
Unnoticed by the lawmakers' actions, Justice Clinton-Johnson promptly rearranged the hearing schedule but issued an instruction to send a message this time around to Speaker Richard Nagbe Koon.
The purpose of the lawmakers' appearance before Justice Clinton-Johnson was to ascertain whether they have constitutional authority to withdraw a pending criminal case from the Criminal Court prior to an indictment and to initiate their own probe into the matter.
The issue emerged following legal action taken by Michael Shio’s attorneys, who submitted a writ of prohibition targeting the legislators. This move resulted in a brief suspension of the probe. Shio, identified as a Chinese national, faces allegations for allegedly trying to kill Momo David, a Liberian citizen, on January 13, 2025.
Nevertheless, it is yet to be determined if Speaker Koon will disregard the Supreme Court's postponed hearings.
The refusal of the legislative authority to show up yesterday indicates a potential constitutional crisis if this behavior is not addressed appropriately.
A constitutional crisis typically arises when both the president and legislature disregard legal statutes and court orders.
The defendant, Shio, faces charges from the Liberia National Police (LNP) for allegedly trying to kill a Liberian national named Momo David on January 13, 2025.
The legal controversy hinges on whether the lawmaking body has the authority to involve itself in judicial issues, igniting a constitutional discussion about the division of governmental powers.
Should Justice Clinton-Johnson persist with her position contrary to those of the legislators, and these elected officials contest her ruling, they could opt to refer the issue to the entire bench of the Supreme Court for further deliberation.
The problem in this case stems from a dispute over the legislators' letter compelling Shio to attend a full assembly meeting for a criminal inquiry into allegations of his role in attempting to assassinate David, despite Shio consistently denying these claims.
The attorneys for the defense contended that the legislative body lacks the jurisdiction to assume judicial responsibilities, thereby breaching the principle of separated powers within a unified government, and asserted that such intervention was against the constitution.
The 1986 Constitution defines the country as a unitary sovereign state governed through a republican system with three distinct and coequal branches: Legislative, Executive, and Judicial. These divisions operate based on the principle of separating governmental powers. According to Article 65 of this document, judicial authority is exclusively vested within the judiciary branch, excluding all others from exercising such power.
Based on legal documents, Shio, who faces impending charges, is alleged to have poured boiling oil on a man identified as Momo David and ordered dogs to attack him, purportedly as retribution for stealing.
As a result, the attorneys have contested the directive issued by the legislators on March 6, instructing Shio and his legal representatives to be present for the criminal inquiry on Tuesday, March 11, 2025, at exactly 2:00 pm.
After receiving the mentioned correspondence, Shio officially asked for an extension of the investigation, stating that the issue is currently under consideration by the Criminal Court, which holds sole jurisdiction over such cases.
Shio's attorney additionally contended that the mentioned letter clearly stated the applicable laws forbidding their client from participating in any extrajudicial proceedings to address the accusations and charges currently facing him.
Nevertheless, they asserted that the legislators, blatantly flouting the law, continued with their plan to call upon Shio to attend an official hearing on Tuesday, March 11, 2025, at exactly 2:00 pm.
They further contended that the legislators' actions violate the country's established laws concerning the sub judice rule and the principle of the separation of powers, as outlined in the 1986 Constitution.
Provided by Syndigate Media Inc. ( Syndigate.info ).
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