Following tense period of legislative tussle over the suspension of the Pro-Tempore of the Liberian Senate, Isaac Nyenabo from office and summarily resulting to actions within the jurisdictional power of the Supreme Court, the Court yesterday issued a Writ ordering the restoration of the Senator to his position with immediate effect, pending the hearing and determination of the matter.
The Supreme Court’s decision stems from thorough review of an action instituted against the Petitioner, Senator Nyenabo, who is being represented by and thru the Acting Chairman of the National Democratic Party of Liberia (NDPL), Hon. J. Hodo Merriam, whose filing of a Writ of Prohibition ordering the Court to stay the action of the honorable body has unfolded into the latest development.
Through the Justice in Chambers, Her Honor Associate Justice Counsellor Jamesetta Wolokolie, the order issued yesterday, under the signature of Martha G. Bryant, Clerk of the Supreme Court of the Republic of Liberia, also commanded the Liberian Senate to notify the Honorable Liberian Senate to appear before it on October 4, 2008, at the hour of 9:00 a.m., to show cause why the petitioners’ petition, as prayed, should not be granted.
The Honorable Liberian Senate is represented by Senators Abraham Momolu Massalay, Lahai Lansana, Jewel Howard Taylor, Gebzohngar Findley, Adolphus Dolo, Prince Y. Johnson, Mabutu Nyepan, Daniel F. Neetahn and other Senators acting under their control, the Clerk of the Honorable Liberian Senate or his designee, as respondents.
The respondents have been further commanded to file their returns in the office of the Clerk of Court on or before October 4, 2008, as contained in the Writ issued to Brigadier General Amos B. Kesseh Dickson, Sr., Marshal of the Supreme Court of Liberia, of his deputy.
It can be recalled that that in July 2008, the Liberian Senate removed Senator Nyenabo from his position as President Pro Tempore. For what it termed “administrative ineptitude” and acts incompatible with his status.
According to a July 19, 2008 resolution under a heading, “Resolution By Two-Thirds Majority of the Liberian Senate Removing Isaac Nyenabo From Position of President Pro Tempore of the Liberian Senate,” the Senators had accused the Petitioner of “betrayal of singular trust.”
The resolution also quoted the Senators as having expressed the necessity of their action of ‘Vote of No Confidence’ through the many manifestations of “administrative inadequacies, lapses and gaps” of Senator Nyenabo.
Besides, the Senators had maintained it was acknowledged beyond all reasonable doubts that the activities and utterances of Senator Isaac W. Nyenabo, as President Pro Tempore, had impugned on the moral rectitude of the Senate.
They had also claimed that Senator Nyenabo had diminished the stature of the Senate by being pathological lair bent on devising schemes to keep unsuspecting senators at loggerheads with the sole intent of perpetuating “his failed leadership.”
Due to these and many other allegations, the senators said they were seeking to depose their leader.
“We have resolved to dispossess Senator Isaac Nyenabo of the confidence which we earlier reposed in him. With this popular declaration, he shall cease to serve or function as President Pro Tempore,” the petition said.
However, amidst the haloo-baloo during plenary and with the scenario appearing quite disturbing with the propensity of portraying government wrongly in the eyes of the international community, the Liberian Council of Churches (LCC), represented by Bishop W. Nah Dixon of the Don Stewart Christ Pentecostal Church and other members of the society, endeavored to intervene in the matter to dissuade members of the Senate from going ahead with the decision and instead bring the matter to an amicable resolution.
Despite these timely interventions, the Senators remained resolute and went ahead with the plan, which eventually placed what had been perceived as political dominance by Bomi County in the Senate.
Following the suspension of Senator Nyenabo, however, those who opposed his removal argued that the Chairman on Executive, Maryland County Senator Cllr. Gloria Musu Scott, should have acted in his stead in keeping with their rules, but proponents of the removal scheme had opposed it.
According to the Senate’s rules, the Chairman on Executive who is third in line, as far as the Senate’s leadership is concerned, acts in an instant the President Pro Tempore is suspended or incapacitated by sickness.
Apparently disheartened over the seeming democratic exercise, the NDPL from which Senator Nyenabo has an executive membership, petitioned the Honorable Supreme Court of Liberia to stop the action through juridical means, thus resulting to order yesterday.
Meanwhile, it is however not clear as to whether the respondents would meet the time set by the Court to appear before it, since the National Legislature is currently on an agricultural break that may last for several months.
There is however optimism that given the relevance of the matter to the State, especially at a time that democracy has given rebirth to the Liberian nation, the Clerk of the Liberian Senate may have to make the needed representation on behalf of the respondents.
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