‘Judiciary must not be Political’ …says Judge Chenoweth

Criminal Court ‘E’ Judge Mardea Tarr Chenoweth has said the Judiciary Branch of Government must not be political but should rather be seen by the public as being independent. 

Speaking at the opening of  the August A.D. 2023 Term of Court on Monday, August 14, 2023, Judge Chenoweth pointed out that the electoral campaigns have started and that Liberians will be marching to the polls in October to elect their next president, senators and representatives.

 She said it is at this time that judicial actors should be concerned because the process could break or strengthen Liberia’s democracy, depending on how they  conduct ourselves. 

“It is clear from the perspective of many writers in and out of  this country that the Judiciary was part of the problems that led to the civil uprising in this country, principally because of its partisan leaning in the 80s,”she stated.  

Judge Chenoweth furthered that the courts, which are responsible to hear election disputes, especially the Supreme Court will review cases without using partisan lenses rather on the basis of sound legal reasoning. 

“The decisions of our courts cannot be inspired by partisan objectives. The Judiciary must not be political and must remain inherently different from the other two branches of government. Those who are aspiring for political positions in the Executive and the Legislature must be told in a loud voice that it is the electorates that decide those who win elections in this country and not the courts. It will, therefore, be an illusion for any candidate to think that the Judiciary will validate any election result that will be a product of fraud,” Judge Chenoweth stressed. 

The Criminal Court ‘E’ Judge  indicated that when judges stray from the rule of law that become a problem and not a solution.

 “I admonish all of you judges, including justices of the Supreme Court, that as pillar of the stability of this country, we should remain mindful and focused on our responsibility to this State,” she accentuated

Speaking on  the topic: ‘‘The Need for an Independent Judiciary in Contemporary Liberia,’’ Judge Chenoweth emphasized that independence is important in a democracy. With that, individual judges and the judiciary as a whole be impartial and independent of all external pressures so that those who appear before the courts and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.’’

“The requirement that judges be impartial is the bedrock of our system of jurisprudence. Judges should always keep an open mind in deciding matters, free of personal opinions or campaign promises. And expect that judges and magistrates  not to attend meetings of any political party nor wear any paraphernalia such as T-shirts or caps belonging to political parties,” she pointed out.  

She averred that magistrates who resigned to contest for political positions and in some instances, they won.

She quoted Judicial Canon Thirty-Seven, which states that,  “While a judge is entitled to entertain his personal view of political questions, and why not required to surrender his rights or opinion as a citizen, it is inevitable that suspicion of being warped by political bias will attach to a judge who becomes an active member of a political party and a promoter of its interest as against another, especially those of our judges of the highest courts who by constitutional command are empowered to review and determine electoral issues. Under the multiparty systems introduced by the 1986 Constitution. Judge should neither accept nor retain a place on any party committee nor act as party leader or generally engage in party activities.” 

Meanwhile, Judges are the pillar of peace in Liberia-meaning electoral disputes must be handled with care if we are to move forward as a peaceful nation taking cue from where we have come.

 ‘‘When the people have confidence in election disputes when they arise in this country and heard timely and impartial then there will be no reason to turn to violence or even provoked,’’ she added.