Justice-Designate Kanneh Advocates for Constitutional Rewrite

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Justice-Designate Kanneh Advocates for Constitutional Rewrite
Justice-Designate Kanneh Advocates for Constitutional Rewrite

Africa-Press – Liberia. Kanneh stated that the Judiciary plays a crucial role in ensuring peace and order in the country, and therefore, should be allowed to operate without external pressure or manipulation.

Boakai Kanneh, Associate Justice-designate of the Supreme Court of Liberia, has cautioned members of the Executive and Legislative branches of government to refrain from interfering in the work of the Judiciary.

Speaking during his confirmation hearing before the Senate Committee on Judiciary, Human Rights, Claims and Petitions on Tuesday, July 22 at the Capitol Building in Monrovia, Kanneh said any attempt by other branches of government to influence judicial decisions undermines justice and national stability.

He stated that the Judiciary plays a crucial role in ensuring peace and order in the country, and therefore, should be allowed to operate without external pressure or manipulation.

“The independence of the Judiciary should be a venture of the government. You in the Legislature and those in the Executive should refrain from interfering with the Judiciary. To maintain the independence of the Judiciary, there should be no interference,” Kanneh said.

He added that courts are properly established to interpret laws, including the Constitution, and political interference in the adjudication of cases should not be tolerated. He urged that political cases be decided strictly in accordance with the law, without bias or favoritism.

Kanneh emphasized that members of the Judiciary must uphold honesty and integrity in the dispensation of justice. He acknowledged the challenges facing the country and called for collective efforts from all three branches of government to move Liberia forward.

Addressing the structure of the nation’s laws, Kanneh proposed constitutional reforms, particularly the rewriting of the Liberian Constitution. He suggested amendments to Articles 91 and 92, which outline the referendum process for constitutional amendments, describing the current procedure as overly complex and often confusing to voters.

“I am proposing that we amend the Constitution—Articles 91 and 92—to provide for the rewriting of the Liberian Constitution. And then, you will have a single proposition that is taken to the Liberian people. If they approve that, then a committee is constituted, along with the Law Reform Commission and the Governance Commission to rewrite the Constitution,” he explained.

Kanneh noted that a rewritten constitution would address major national issues, including gender representation and outdated provisions within the Penal Code.

He clarified that the move would not create a Third Republic, as the current Constitution would remain in effect until the new one is finalized.

He pledged to uphold the rule of law and render legal opinions based solely on legal merit if confirmed as Associate Justice or Justice-in-Chambers. Though he has not served as a judge in Liberia, Kanneh said his integrity, legal experience, and professional qualifications make him suitable for the post to which he was nominated by President Joseph Nyuma Boakai.

Meanwhile, FrontPage Africa has observed that interference from both the Executive and Legislative branches in the affairs of the Judiciary has been a recurring issue in Liberia. Such interference undermines the principle of separation of powers and compromises judicial independence.

The Legislature has, at times, passed laws that restrict court authority or impose undue disciplinary measures on judges. Budgetary constraints—determined by the Legislature—have also weakened the Judiciary’s operational effectiveness.

Similarly, the Executive Branch, through the Ministry of Justice, often represents the government in legal matters, creating potential conflicts of interest.

In some cases, the Executive has been accused of influencing judicial proceedings, including an instance where the President reportedly requested a delay in a Supreme Court ruling.

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