152.
On the issue of right to work, it is the case of the Applicant that the
Respondent violated his human rights to work guaranteed by Articles 5, 7 and
15 of the African Charter, when Respondent removed him from his position
as an Associate Justice of the Supreme Court of Liberia by means of an alleged
illegal impeachment trial and conviction.
153.
The Respondent, however, submits that part of the reasons the
Applicant was removed from office both by political and legal process, was
for allegedly violating the function of his office in the process of execution of
his duties relating to a judgment in a trial and thus, the procedure for his
removal followed the due process of the domestic law of Liberia as governed
by the relevant provisions of its extant laws, particularly Section 43 of the
1986 Constitution of Liberia, and therefore no right of the Applicant was
violated.
154.
The material part of Article 23 (1) of the African Charter which deals
with the right to work reads as follows:
“Everyone has the right to work, to free choice of employment, to just
and favorable conditions of work and to protection against
unemployment.”
It is the claim of the Applicant that the Respondent has violated his above
stated right to work having been appointed to the Supreme Court as an
Associate Justice for life subject to the condition of service of not violating
his judicial ethics. It is his further argument that he was allegedly accused of
violating his terms and condition of service while performing his official
judicial function of delivering a judgment in a case before him.
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