Over the years, the Liberian Judiciary has been accused of failing to dispense justice in an independent manner. This essential arm of government is always portrayed as one protecting and serving the interests of the Liberian Presidency and the ruling class. Oftentimes, the Chief Justice of the Supreme Court bears the greatest criticism since he presides over the workings of the Judiciary.
The legacy of the Chief Justice is largely judged by the decisions that emanate from the courts, especially the Full Bench of the Supreme Court. The Supreme Court of Liberia has been presided over by different chief justices. His Honor Cllr. Francis S. Korkpor, Sr. is the nineteenth (19th) Chief Justice of Liberia. Before his ascendancy, most, if not all, of his predecessors were deemed as presiding over a Judiciary that lacks independence. Decisions of those benches allegedly seemed to favor either the presidency and his cronies or the elite class of the Liberian society.
As His Honor Cllr. Francis S. Korkpor, Sr. is set to retire in September 2022, the Civil Society Network of Liberia (CSNL) has decided to dig deep into the nine-year closet of his leadership of the Judiciary.
The CSNL’s research and review of the workings of the Judiciary indicate that the Supreme Court, led by His Honor Cllr. Francis S. Korkpor, Sr., has overseen, directed and coordinated major policies, carried out infrastructural development and initiated several reforms.
“Decisions of the Supreme Court have shown an independent, reliable and effective Judiciary. Before providing reasons that make the Korkpor bench different, we would wish to outline the monumental gains made by the Judiciary in the last nine years. In an effort to ensure access to justice for all, a basic tenet in peace building and democratic development, the Judiciary, under the watch of His Honor Francis S. Korkpor, Sr., engaged in the construction and staffing of new judicial complexes; the renovation, rehabilitation and completion of several other judicial buildings, including magisterial courts for the first time in several political subdivisions (counties) of Liberia; provision of academic and training initiatives for hundreds of judges and other judicial workers to build their capacity; the maintenance of freedom of speech and tolerance, as guaranteed under the Liberian Constitution; increment in the salaries of judges and other judicial workers, amongst others. Details of these numerous developmental undertakings and beneficial policies have been published in our previous articles on our research relative to the legacy of the out-going Chief Justice.
“As earlier stated, our focus in this article is to provide litany of reasons on how the Judiciary has been different under His Honor Cllr. Francis S. Korkpor. Review of several decisions made by the Korkpor Bench indicates that the court has been more independent, as compared to its predecessors,” the civil society group noted.
Granting Of Stay Order On The 2017 Run-Off Presidential Elections To Hear Complaints Against The First Round Elections
In October 2017, Cllr. Charles Walker Brumskine of the Liberty Party filed a complaint at the Supreme Court, challenging the results of the First Round polls of the 2017 Presidential Elections. Unlike high court of different countries where such complaints could have been tabled and progressively heard while the winner is inaugurated, the Supreme Courtpresided over by Chief Francis S. Korkpor, Sr placed a hold on the First Round Results of the 2017 Presidential Elections until the complaint was heard. The Korkpor led Supreme Court is the only high court in the sub-region that stayed presidential run-off elections until the complaint of fraud was investigated.When such decisions were seemingly against the ruling status quo, placing a hold on the run-off election to hear the complaints, Korkpor Bench demonstrated the dispense justice in equal measure.
Vice President Jewel Howard Taylor Vs The President Of The Liberia Marketing Association (Lma)
Following her suspension as President of the Liberia Marketing Association (LMA) onAugust 26, 2018 by Vice President Jewel Howard TaylorMadam Alice Yeebahn challenged her suspension at the court. This led to a lingering legal battle between the LMA President and the Vice President of the Republic of Liberia. The independence of the Korkpor Bench came to the fore when the Vice President took appeal to the Supreme Court for judicial review after the lower court render her action to suspend Madam Yeebahnas illegitimate. While many thought that the Supreme Court could have ruled in favor of the Vice President, the KorKpor Bench displayed independence when the Supreme Courtruled in favor of Madam Yeebahn by ordering her immediate re-instatement by Vice President Jewel Howard Taylor.
C. Rulings Against Ruling Party Candidates In Senatorial & Representative Elections
One area where a presidentially controlled Judiciary could be seen has to do decisions of the Supreme Court regarding electoral cases involving candidates of the ruling party. The Supreme Court heard several election cases involving candidates of the ruling Party (CDC). The independence of the Supreme Court was seen when the court ruled against candidates of the ruling party. The rulings of the Korkpor Bench against the ruling party candidates in the James Kolleh (PUP) vs Melvin Salvage (CDC); Simeon Taylor (CPP) vs Varney Watson (CDC); Edwin Melvin Snowe (Independent)vs J. Alex Tyler (CDC) clearly speak to the independence of the Supreme Court under His Honor Cllr. Francis S. Korkpor, Sr.
D. Oliver Dillon Vs The State
In November 2019, the brother of Montserrado County Senator Darius Dillion, Mr. Oliver Dillion was indicted for stabbing one Emmanuel Kofi believed to be a zogo (disadvantaged youth) in the Gardnersville Community. Despite the political sentiments and emotions that surrounded this case, the 12-men penal Jurors of the 13th Judicial Circuit Court in Margibi County acquitted Mr. Oliver Dillon on allegation of murder. Despite the political sentiments that beclouded this case, and with popular belief that the ruling government would have influenced the judiciary to convict Mr. Oliver Dillon as a means of getting at the government’s fiercest opposition senator in Darius Dillon, the Korkpor led Judiciary once again render transparent and independent justice.
Surely, a deeper review of the Judiciary under His Honor Cllr. Francis S. Korkpor, Sr. has proved to be different from previous benches of the Supreme Court. The Supreme Court Bench has indeed rendered transparent justice from an independent standpoint. The legacy of His Honor Cllr. Francis S. Korkpor, Sr. will forever be replete with the provision of justice to all, irrespective of political, social and economic backgrounds.