The Chief Justice-designate of the Supreme Court of Liberia Yamie Gbeisay has called for a review of the 1986 Liberian Constitution to reflect contemporary time and happenings.
Gbeisay, who is presently one of the Associate Justices at the Supreme Court, was recently nominated to the position by President Joseph Nyuma Boakai.
Speaking when he appeared for confirmation hearing before the Senate Committee on Judiciary, Human Rights, Claims and Petition, Associate Justice Gbeisay maintained that the Constitution must be reviewed to ensure that it is in conformity with present day realities.
He noted that delay over the revision of the Liberian constitution now constrains the courts to render it opinions in line with the intent of the framers of the constitution n 1986.
He stated that no ruling from the court should go contrary to the intent of the framers of the constitution in the absence of it (constitution) review process.
Justice Gbeisay maintained that there is an “immediate need” for the review of the Liberian constitution.
“We should go back to the constitution, identify those issues that are not in conformity with contemporary realities; find out those issues and address it.”
Discouraging jury trail
He said land and the consistent change of jurors continue to overcrowd the courts with cases in Liberia.
He noted that the current law does not allow the empanelling of jurors to serve or hear two different cases at the same time.
As a result of this, Justice Gbeisay observed that, the courts continue to be overwhelmed with cases.
“If you go to a particular court and the jury is empanelled, all the other cases have to wait until that jury is over-and the court term is only 42 days. By the time you have disposed three or four cases within that term, about ten other cases have been filed.”
He maintained that this issue is continuously contributing to the hike in the number of cases on the court’s docket.
“If we only had the issue of jury trial where a particular Judge can sit down and hear two to four cases at the same time, we are going to move cases faster.”
Justice Gbeisay claimed that Liberia remains the only country in West Africa where a jury trial is mandatory.
He emphasized that this kind of judgement is making the adjudication of cases in a timely manner by the courts difficult or inefficient to work.
He observed that population, businesses and activities of people in Liberia have increased, as as such, jury trial cannot handle the numerous cases that are being taken to court on a daily basis.
“We need to revisit our constitution and address the issue of jury trial.”
Justice Gbeisay stressed that the description being used by Judges or Magistrates to determine whether or not an accused or defendant is at flight risk, despite the filing of a valid bond, needs to be reviewed.
He said no accused Representative or Senator taken to court should be remanded to jail because, such person may not leave their job to abscond the country.
Construction of prison facilities
He further called for the construction of addition prison facilities to address the growing population in Liberia.
Justice Gbeisay said the lack of multiple prison facilities is contributing to overcrowdedness at the existing ones that are not spacious.
“We have over five to six million people and the prison space we have in Liberia is less than 10,000 persons. What do you expect? Even if two percent of the population commits crime, the prisons will be filled. So, government needs to see the reality and increase the prisons. There is a lack of prison facilities instead of overcrowdedness.”
He stressed that people will always commit crimes and as such, government must be fully prepared to reprimand them at new prison facilities.
Justice Gbeisay pledged that the independence of the judiciary would be upheld by his administration, void of interference from the executive or legislative branches or any individual.
“The role of a Chief Justice for me-the court is already independent by law or constitution; all it needs is an affirm Chief Justice and Supreme Court Bench to ensure that there is no interference. And this is what I promised to do. I have not had an experience where the court has been interfered with. Maybe attempts have been made”
Justice Gbeisay, however, promised to hold “lawyers feet to the fire” to ensure that they do not implore delay tactics for the overstaying of cases in court.
Justice for the poor
He named the training of legal practitioners, including lawyers, magistrates and others as one of his strategies to ensure that ordinary Liberians practically benefit from the dispensation of justice.
He observed that the adequate adjudication of cases by Magistrates and Judges in keeping with the laws remains a challenge.
Justice Gbeisay said Magistrates or Judges must render judgment in cases in alignment with the laws of the country.
He further observed that many lawyers are not also in compliance with the ethics of the legal profession, something which deny.
“Those we have now we need to train them to apply justice so that, if you are able to .render 10 judgments as least about eight of them must be in line with the law. This is what we are lacking now. Most of the problems we have here is our lawyers are not going by the ethics anymore. Everybody doing their own thing.”
Holding lawyers accountable
He pledged to hold lawyers, including Magistrates and Judges accountable by the ethics of the legal profession.
He, however, called on graduates from the law school to make themselves available to take up assignment in the leeward parts of the country as part of efforts to provide access to justice to all citizens.
Justice Gbeisay maintained that it remains difficult to find lawyers willing to take up assignment in the rural areas.
