instruments applicable and particularly as enshrined in the relevant provisions
of the African Charter. Those rights having been violated, accrues the
Applicant a bonafide right to appropriate remedies. In view of this, the
Applicant submitted a catalogue of reliefs among which is for this Court to
restore the Applicant to his previous position as a justice of the Supreme Court
of Liberia. This Court is well guided that the appointment and dismissal of the
Applicant being both political and legal decision, is under the exclusive
jurisdiction of the member state. It is within the purview of this Court by virtue
of its mandate to provide and shall ensure sufficient remedy for the violations
of the Applicant’s rights occasioned pursuant to his impeachment trial by the
Respondent.
174. This Court also observes that an order for reinstatement will automatically
cater for all the claims of the Applicant for payment of loss of earning and
other entitlements.
X. COSTS:
175. Article 66 (11) of the Rules of Court provides that if costs are not claimed, the
parties shall bear their own costs. Consequently the court orders the parties to
bear their respective costs.
XI. OPERATIVE CLAUSE:
176. For the reasons stated above, the Court sitting in public after hearing the parties:
As to jurisdiction:
a. Declares that it has jurisdiction.
As to Admissibility:
b. Declares the application is not admissible against the 2nd Respondent.
c. Declares that the application is admissible against the 1st Respondent.
71