By R Joyclyn Wea
The Sixth Judicial Circuit Civil Law Court “A” is expected to on today Friday, May 11, 2018, resume jurisdiction over the long standing electoral disputes involving aggrieved members of that football governing body.
Presiding judge Yamie Quiqui Gbeisay
This follows Judge Yamie Quiqui Gbeisay May 9, 2018, ruling against authority of LFA for Declaratory Judgment.
The Civil Law Court announced this Wednesday that the complaint filed by presidential candidate, George Solo against Mustapha Raji would resume on today Friday, May 11, 2018.
The disclosure was made Wednesday May 9, 2018 when presiding judge Yamie Quiqui Gbeisay handed down ruling after legal counsels of Solo and Raji presented legal memorandum (relevant laws) to the court.
In their memorandum, lawyer presenting Raji backed by LFA contended that the civil law court lacks jurisdiction to hear the LFA election case on grounds that it violates Article 87.88 of the LFA statute.
“The provision that is there is a need, matter of disputes of LFA shall be hear by the LFA and if there is a need for review, it shall be heard by the Confederation of African football, Federation of International Football Association, or court of arbitration for sport in Lausanne, Switzerland.”
But Judge Gbeisay mentioned that the perusal of the petition and the resistance has place the court to determine whether or not the court has jurisdiction to hear the Petition for Declaratory Judgment.
In recent time, George Solo and Musa Sherman filed a joint protest contending among other argument that one of the presidential candidates, Mustapha Raji has questionable academy credentials that need clarity before becoming president of LFA.
The Judge in his ruling noted that the Circuit Court shall exercise original general functions including jurisdiction in admiralty cases over all cases as to which other court is not expressly given exclusive original jurisdiction by the constitution or statutory provision.
Judge Gbeisay further pointed out that no court has been created for LFA matter in Liberia.
Addressing one of the petitioners’ contentions about due process he said, “The court says due process is mandatory under Article 20 of the Liberian constitution”.
The Civil Law Court Judge cited the case RL by and Thru the Minister of Justice and Attorney General of the Republic of Liberia verses the Leadership of the Liberian National Bar Association by and thru its President Emmanuel Wreh which was decided in December 2001.
He holds in the case at hand, the negative averment could be whether or not Mustapha Raji has a first degree which lies peculiarly within his knowledge adding “In the mind of the court, the burden shifted on him to produce the least evidence which is the copy of his degree as another proof”.
He said the fact that Liberia is a signatory to FIFA protocol does not deprive any Liberian citizen of his right to due process of the law as guarantee by the constitution of Liberia.
The judge ended his ruling stating, “Wherefore and in view of the foregoing, the movant’s motion to dismiss the Petitioner’s petition is dismissed and denied in its totally and the resistance thereto is hereby sustained, the motion to vacate the injunction is also denied in its entirety and the case expeditious hearing of the petition for Declaratory Judgment is order proceeded with on Friday May 11, 2018 at 9am.”