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Wednesday, May 14, 2025

CLLR. MASSAQUOI CONDEMNS LNBA FOR VIOLATING LEGAL ETHICS IN PUBLIC STATEMENT

Date:

MONROVIA – Cllr. Jonathan Massaquoi, a member of Liberia’s Supreme Court Bar and counsel for Speaker J. Fonati Koffa, has issued a strong condemnation of a press statement released by the Liberian National Bar Association (LNBA) on April 28, 2025. Massaquoi’s statement, issued on April 29, 2025, expressed his profound disappointment with what he called an “utterly unacceptable” commentary from the LNBA regarding the Supreme Court’s Opinion on the Amended Bill of Information submitted by Speaker Koffa on April 23, 2025.

The LNBA’s public statement, which commented on the case still under judicial review, was described by Massaquoi as “legally flawed, misguided, and deeply troubling.” According to Massaquoi, the association’s remarks were inconsistent with the ethical responsibilities of the legal profession and violated principles intended to safeguard the rule of law. He underscored that the LNBA, by publicly commenting on an ongoing case, not only breached legal norms but also risked compromising the integrity and independence of the judicial process.

In his press statement, Massaquoi reminded the LNBA of Liberia’s sub judice rule, which prohibits public commentary on matters actively under judicial consideration. This principle, he pointed out, aims to protect the impartiality of the Court and to preserve the administration of justice. The rule is a fundamental aspect of Liberia’s legal framework, reflected in both the 1986 Constitution and the country’s judicial practices.

Massaquoi criticized the LNBA for what he called an intentional attempt to undermine the Supreme Court. He noted that the LNBA’s statement criticized the Court’s earlier Opinion as “judicial overreach” and “illegal,” thereby questioning the legitimacy of the judiciary. Such remarks, Massaquoi argued, not only damaged public confidence in the judicial process but also sought to exert pressure on the Court by threatening institutional embarrassment and economic disruption should the Court fail to reverse its earlier decision.

“The LNBA, as a statutory body created by an act of the National Legislature, has a duty to uphold the rule of law and preserve the dignity of the legal profession,” Massaquoi emphasized. He further chastised the association for offering legal conclusions on matters pending re-argument before the Supreme Court, something that was both improper and reckless. According to Massaquoi, this behavior set a dangerous precedent and bordered on contempt.

The lawyer also pointed out that, under Liberian jurisprudence, the proper procedure for challenging a ruling in a case under re-argument is through a motion for re-argument before the Supreme Court, not through public editorializing. Legal professionals and institutions, he argued, are bound to respect the finality of judicial decisions and to refrain from seeking parallel adjudication in the public domain.

Massaquoi’s criticism extended to the conduct of individuals within the legal profession who, according to him, have allowed political considerations to compromise their commitment to the law. He urged Liberia’s legal community not to let “narrow political passions” or “self-seeking individuals” jeopardize the nation’s constitutional obligations and the ethical standards of the Bar.

Furthermore, Massaquoi called on the leadership of the LNBA to refrain from making further public comments on the pending case until the Supreme Court has rendered its final decision. He emphasized that this is how “civilized and well-governed legal institutions behave” and warned that any further violations of the sub judice rule could lead to contempt proceedings.

In his statement, Massaquoi referenced previous legal cases that have underscored the importance of upholding the independence and dignity of the judiciary. He cited the landmark case of In Re: C. Abayomi Cassell (1961), in which the Supreme Court punished actions that reflected discreditably on the judiciary or sought to undermine its authority.

Massaquoi also expressed concern that the actions of the LNBA were diminishing the moral authority of the association, which he described as being at its “lowest ebb of leadership.” He called on the president of the LNBA to do the “honorable thing” and resign, in order to restore credibility to the association.

The statement concluded with Massaquoi asserting that the preservation of Liberia’s democratic order depended on a well-functioning and independent judiciary. He warned that without the judicial system acting as an anchor for stability, Liberia’s government could face significant challenges, including the violation of sacred rights and administrative chaos.

Socrates Smythe Saywon
Socrates Smythe Saywon is a Liberian journalist. You can contact me at 0777425285 or 0886946925, or reach out via email at saywonsocrates@smartnewsliberia.com or saywonsocrates3@gmail.com.

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