Chief Justice Francis Korkpor has granted defense lawyers’ application seeking to delay Associate Justice Kabineh Ja’neh from responding to a Bill of Impeachment against him at the House of Senate.
The legal team representing Justice Ja’neh questioned the jurisdiction of the House of Senate by filing a motion seeking for Special Appearance.
One of the lawyers representing Justice Ja’neh, Cllr. Johnny Momoh, cited several legal provisions of the House of Senate for the motion from the previous stay order from the Supreme Court as well as the Senate’s November 19, 2018 Writ of Summons for Justice Ja’neh’s impeachment trial.
During the argument, Cllr Momoh indicated that only the Chief Justice is clothed with the authority to issue a Writ of Summons and not Senate Pro-Tempore Albert Chie, who is among the trial of facts in their client’s impeachment trial at the House of Senate.
The application compels the Chief Justice to set aside the Senate Pro-Tempore Albert Chie’s November 19, 2018 Writ of Summons, and order the Clerk to issue a New Writ of Summons for Justice Ja’neh.
However, the Chief Justice has mandated Justice Ja’neh’s lawyers to respond to the New Writ of Summons within three days in order to set the stage for legal battle on Monday, February 25, at the House of Senate.
The lawyers representing Ja’neh and the House of Senate are using the civil proceeding and criminal proceeding laws in the trial.
Currently, there is a pending Writ of Prohibition as prayed for by defense lawyers to be placed on an alternative stay order on the impeachment trial.
But the Justice-in-Chamber, Cllr. Joseph Nagbe, has not decided whether the alternative writ will be issued or not.
The trial continues on Monday, February 25.