The Supreme Court of Liberia has issued a notice of assignment in the petition filed by four Senators questioning the amendment of Rule 63 that was agreed upon by 20 Senators in Associate Justice Kabineh Ja’neh’s impeachment proceeding to appear on November 27 for final arguments in the case.
Senators Conmany Wesseh, Daniel Naathen, Milton Teahjay and Oscar Cooper through Cllr. Tiawan Gongloe questioned the amendment of Rule 63 of the House of Senate which, they said, was in violation of Article 43 of the Constitution of Liberia.
The notice of assignment was served on the 20 Senators, including the four senators, following a petition seeking to prevent the amendment of the rule in connection with Justice Ja’neh’s impeachment proceedings at the House of Senate.
In their petition filed before the Court, the four Senators demanded the 20 Senators’ response to a petition seeking to prevent their amendment of rules in connection with Associate Justice Ja’neh’s impeachment proceeding at the House of Senate following a citation served on them.
It was from this backdrop that the Supreme Court issued a citation which was served on both parties, ordering them to file their respective returns in the case.
Cllr. Gongloe, in his argument, stated that the 20 Senators proceeded wrongly, claiming that Article 43 of the Constitution states: “The Legislature shall prescribe the procedure for impeachment proceeding which shall be in conformity with the requirements of due process of law.”
The petitioners’ lawyer strongly believes that the 20 Senators’ decision was unconstitutional and wants Justices of the Supreme Court of Liberia to interpret that provision of the Constitution in order to resolve their concern.
The four Senators’ application comes at the time when the Supreme Court has reserved ruling into Associate Justice Ja’neh’s petition seeking a Writ of Prohibition on a similar issue at the House of Representatives.
Meanwhile, the House of Senate will appear on November 27 to present their argument in the case.