legislation prescribing the rules for impeachment proceedings “in Legislature
assembled”. Additionally, Article 43 of the 1986 Liberian Constitution
mandates that any such legislation prescribing the procedure for impeachment
of public officials, including Judicial Officers, must conform to and be
consistent with the requirements of due process of law.
33.Applicant respectfully submits that the Respondent Republic of Liberia
through its House of Representatives expressly admitted in preambular
paragraph four (4) of the Bill of Impeachment filed against the Applicant that
it did not have a specific rule to govern impeachment proceedings when it
commenced these impeachment proceedings. This admission by the House of
Representatives of the non-existence of prescribed procedure to govern
impeachment proceedings makes the entire impeachment proceedings, trial,
conviction and replacement of the Applicant on the Supreme Court Bench an
outright violation of Applicant’s rights to fair hearing and impartial trial
guaranteed by Articles 5 and 7 of the African Charter on Human and Peoples’
Rights, Article 10 of the Universal Declaration of Human Rights and Articles
20 (a), 43 and 73 of the 1986 Liberian Constitution.
34.
The Respondent’s action has injured the Applicant’s professional standing in
an immeasurable material term, exposed Applicant to tremendous public
ridicule, reputational taints and damages, both nationally and internationally,
depriving him of his human dignity and work under just and satisfactory
conditions guaranteed by Articles 5, 7 and 15 of the African Charter.
c. Reliefs/orders sought by the Applicant:
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