Messrs. Benoni Urey, Former Commissioner of Maritime Affairs, R.L, Emmanuel Shaw, Former Minister of Finance, and all other Former Government Officials of the Republic of Liberia, situated in like situation, as Petitioners Benoni Urey and Emmanuel Shaw, all of the City of Monrovia, Liberia PETITIONERS VERSUS The National Transitional Government of Liberia (NTGL), represented thru the Ministry of Justice, by the Ministry of Justice, R.L. and the Honourable Solicitor General of Liberia, Counsellor T.C. Gould, and all other Officials RESPONDENT
PETITION FOR A WRIT OF PROHIBITION
HEARD: MAY 16, 2005 DECIDED: SEPTEMBER 16, 2005
JUDGEMENT WITHOUT OPINION
When this. Case was called for hearing, Counsellors R. Leroy Urey, Flaawgaa R. McFarland, Cyril Jones, Frederick Cherue and M. Wilkins Wright appeared for Petitioners, while Counsellors Kabineh Ja’neh and Theophilus C. Gould, the Minister of Justice and Solictor General respectively, appeared for Respondent.
The Parties to the Matter were given forty (40) minutes each to argue. Following arguments, the Respondent’s Counsel made a submission conceding that they had proceeded to enforce certain Resolution of the Security Council of the United Nations not in keeping with the due process of law and procedure laid clown in our jurisdiction.
Petitioners’ Counsel responding to the submission made by Respondents’ Counsel, interposed no objection to the submission, but prayed this Court to enter a Judgment Without Opinion granting the Petition for Writ of Prohibition filed by the Petitioners and directing the Respondent to proceed in accordance with the laws of the Republic of Liberia.
This Court having listened to the argument and submission of Respondents and the Response from the Petitioners in this matter, it is hereby ADJUDGED:
That the submission made is hereby granted. The Alternative Writ of Prohibition is hereby sustained and the Peremptory Writ of Prohibition is hereby granted. The Respondent is Prohibited from pursuing this matter by the procedure adopted by it prior to the bringing of these proceedings before this Court. The Respondent is however at liberty to proceed with whatever action it wishes to pursue, but in keeping
with the due process of law as enshrined in our Constitution and Statutory laws of this Country. The Clerk of this Court is hereby ordered to have the Parties informed accordingly. COSTS Disallowed. AND IT IS HEREBY SO ORDERED.
HENRY REED COOPER
CHIEF JUSTICE/SUPREME COURT OF LIBERIA
FRANCIS S. KORKPOR, SR.
ASSOCIATE JUSTICE/SUPREME COURT OF LIBERIA
JOHN L. GREAVES
ASSOCIATE JUSTICE/SUPREME COURT OF LIBERIA
ISHMAEL P. CAMPBELL
ASSOCIATE JUSTICE/SUPREME COURT OF LIBERIA
FELICIA V. COLEMAN
ASSOCIATE JUSTICE/SUPREME COURT OF LIBERIA