Danesius Marteh
The Civil Law Court at the Temple of Justice has ordered the Liberia Football Association (LFA) to halt any and all activities leading to the elective congress in Harper, Maryland County on 18 April.
In his ruling on 24 March, Judge Peter Gbeneweleh suspended the electoral process pending the hearing of a petition for declaratory judgment filed by lawyers representing FC Fassell President Cassell Anthony Kuoh on 10 March against the LFA elections committee.
Kuoh prayed the court to declare his rights under the 2018 approved statute and article 21(j) of the 1986 Liberian constitution to enable him to participate in the elections.
Gbeneweleh noted that the LFA filed a motion to dismiss the petition for declaratory judgment along with an indemnity bond on 13 March without a responsive pleading to the petition.
He reminded the LFA that section 7.65, sub paragraph four of the Civil Procedure Law of Liberia makes it mandatory that the filing of an answer in the action is a precondition for vacating or modifying a preliminary injunction and that an answer or a responsive pleading shall be filed at the time of the filing of the motion to vacate or modify a temporary restraining order.
The failure of the LFA to file a responsive pleading along with the motion to dismiss the preliminary injunction does not meet the legal requirement to dismiss the motion filed by Kuoh along with his petition.
Gbeneweleh said Kuoh’s petition has established that the guidelines, which provide that a candidate shall not have been found guilty of a criminal offense denies him his constitutional rights to participate in the elections on grounds that his civil rights and liberties under article 21(j) of the constitution were automatically restored upon serving his sentence and satisfying any other penalty imposed.
The court says that Kuoh will suffer an irreparable harm should it denied his motion for preliminary injunction and his constitutional rights to contest or participate in the elections.
“Wherefore and in view of the foregoing, it is the ruling of this court that the LFA elections committee and executive committee members, and all presiding officers of the LFA are hereby restrained, enjoined and prohibited from further conducting electoral process pending the hearing and the determination of the petition for declaratory judgment. And it is hereby so ordered,” said Gbeneweleh.
The court also fined lawyers, who are representing the LFA, including Cllrs. Benedict Yarsiah and Amara Sheriff, US$200 each for time wasting.
Atty. Joseph Yado Howe and Cllr. James Kumeh are representing Kuoh.
