155.
This Court has determined the most crucial and salient issues with
regards to the impeachment and removal of the Applicant and has found that
he was not given the right to fair hearing, and therefore will not belabour the
issue under this head; as every other issue is hinged upon the procedure of
removal which has been declared inappropriate and not compatible with nor
in compliance with the various international human rights standards binding
the Respondent.
156.
However, this Court wishes to point out that, based on the authorities
of case laws from other jurisdictions which are persuasive and on the
jurisprudence of this Court, the removal of judges from office is a very
delicate issue which must be handled with utmost caution because of the
function of their office. The then Chief Justice of the Supreme Court of the
United States of America, Chief Justice William Rehnquist commenting on
the removal of a judge from office opined and wrote in his masterpiece
publication, “GRAND INQUESTS-1992” that "judicial acts – [a justice's]
rulings from the bench – would not be a basis for removal from office by
impeachment and conviction." Also, in a similar vein, Lord Phillips in a
hearing on the report of the CHIEF JUSTICE OF GIBRALTAR [2009] UKPC
43 stated that: “The independence of the judiciary requires that a judge should
never be removed without good cause and that the question of removal be
determined by an appropriate independent and impartial tribunal.”
157. This Court is persuaded by the opinions of the above learned law lords stated
above and aligns its reasoning with them that, assuming but not conceding
that perhaps the Respondent has a good cause to remove the Applicant from
his office as an Associate Justice of the Supreme Court of Liberia for any
64