removal deprives him of salaries, allowances and other associated benefits
which he would have otherwise received until his legal retirement at age
seventy (70).
165. The Applicant again prayed this Court for an order restoring him to his previous
position as an Associate Justice of the Supreme Court of Liberia claiming that
this order is absolutely necessary to discourage Member States from arbitrary
removal of judicial officers only to thereafter get away with it by payment of
simple compensation. Such restitution orders, according to the Applicant are
bound to serve as adequate deterrent especially in the face of wanton arbitrary
and illegal removal of judicial officers in the West African Sub-region. The
Applicant concluded by praying for an order directing the Respondent to put
in place rules of procedure to govern impeachment proceeding in Liberia as
envisaged under Section 43 of the Liberian 1986 Constitution and in
conformity with its international obligations.
166. It is trite law that there is a right in international law to an effective remedy
for violations of the rights of any accused, as reflected in Article 2(3) (a) of
the ICCPR which states:
“Each State Party to the present Covenant undertakes: (a) To ensure
that any person whose rights or freedoms as herein recognized are
violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his
right thereto determined by competent judicial, administrative or
legislative authorities, or by any other competent authority provided
for by the legal system of the State, and to develop the possibilities of
judicial remedy; (c) To ensure that the competent authorities shall
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