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13 Lawmakers Withdraw Lawsuit against Executive Order #65

first_imgDrama unfolded in the Supreme Court yesterday when lawyers representing 13 lawmakers from Montserrado County, who were questioning the “constitutionality” of Executive Order #65, verbally requested the bench to withdraw the lawsuit without filing the necessary legal documents.The petition was, however, not withdrawn by the bench of justices.Cllr. Kanie Wesso, who represented the interest of the lawmakers, did not meet-up with the legal procedure provided for under the law to file for a motion to withdraw a case.The lawmakers include Edwin M. Snowe, J. Gabriel Nyenkan, Munah Pelham Youngblood, Bill Twehway, Solomon George, A. Vamuyah Corneh, Adolph Akwe Lawrence, Saah H. Joseph, Julius F. Berrian, Edward S. Ford, Acaraus Moses Gray, Thomas P. Fallah and William V. Dakel. These lawmakers had argued that the order violated Articles 13 and 17 of the 1986 Constitution.Their request prompted the Justice in Chamber, Associate Justice Philip A.Z. Banks to place a “stay order” on the enforcement of the President’s Executive Order #65, which case the Justices of the Supreme Court were hearing yesterday when the lawmakers asked their lawyers to withdraw it, alleging, “we are no more interested in pursuing this matter.”  On December 3, President Ellen Johnson Sirleaf issued Executive Order#65 banning certain rights, including mass movement of people, rallies, parades and demonstrations  on the streets of Monrovia, for  thirty days (30) after the announcement of the result of the December 20 Special Senatorial Election.President Sirleaf also said the action was to strengthen the effort of her government to contain the spread of the Ebola Virus Disease (EVD), to protect the security of the state, and to maintain law and order and promote peace and stability in the country.Speaking on behalf of the full bench yesterday, Chief Justice Francis S. Korkpor advised Cllr. Wesso saying, “We can’t do what you fail to do for yourself. Go back and prepare those papers before we can make a determination into your request to withdraw.”“As it stands,” Chief Justice Korkpor emphasized, “there is no request before us to withdraw the lawsuit. We are going to give you time to do so.  We can’t compel you to go ahead with the matter by all cause;” adding “if you chose to withdraw the matter that is provided for under the law, but you have to do the proper legal things.”When Cllr. Wesso appeared before the justices he openly told them, “Your Honor, upon advice of my clients just this morning, they asked me to withdraw the case that is before you for hearing.”He knew full well that he had never submitted any legal papers, including a notice of motion and a supporting affidavit, which a lawyer must file before seeking the justices’ permission to withdraw their case.Cllr. Wesso went as far as saying, “They want me to say that the election is schedule for Saturday and they do not  want to do anything to disrupt the process, because the National Elections Commission (NEC) has  put everything into place for a smooth conduct of the special senatorial election.”When he was asked by the Justices if the withdrawal means that the stay order placed on the executive order should be lifted? The senior counselor quickly replied, “I can’t say more than what my clients want to say. They want me to inform you that they are no more interested in the case.”According to a legal expert, the notice of motion informs the opposing party of the date the motion will be submitted to the judge, the relief requested, the name and address of the court, and the date by which papers in response to the motion must be filed with the court.He added that the supporting affidavit is the notarized statement reciting the facts establishing the party’s right to have the action withdrawn. “The affidavit in support should follow the court’s guidelines for a motion to withdraw a case,” he maintained.In her brief argument, Cllr. Betty Lamie Blamo, Solicitor General and one of the lead lawyers representing the State, told the court, if the lawmakers’ legal team complete their withdrawal procedure, then it means the stay order placed on the executive order should be lifted and they should immediately proceed with its implementation.Unfortunately, Cllr. Blamo was fined US$200 by the High Court, after they filed late their legal responsive pleading against the lawmakers’ petition to quash the President’s Executive Order #65.In the case of Robert Sirleaf, son of President Ellen Johnson Sirleaf, his lawyer Idris Sheriff told the court yesterday that his client was not prepared to go ahead with the matter and wanted continuance.A continuance can occur by operation of law when a case has not been tried or otherwise disposed of during a particular term because of unanticipated problems, such as the death of the presiding judge. The case is automatically postponed until the following term.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)last_img read more

Chelsea teen on Arsenal radar, Walcott targeted and more transfer gossip

first_img 5. Gunners to offer Zlatan Ibrahimovi? a two-year contract? – Ibrahimovi?, according to the Daily Star, is keen on ending his career in the Premier League and while Manchester United have been strongly linked, the Gunners are also interested. United are willing to offer the 34-year-old Paris Saint-Germain striker, who is out of contract in the summer, £250,000 per week, but Arsenal are allegedly preparing a lucrative offer of their own. Dream away, Arsenal fans! Arsenal have some work to do this summer.The Gunners have fallen short – again – in the Premier League title race, and supporters are expecting changes at the end of the season.The transfer window could therefore be a busy period, and various names have been linked with a moves to and from north London.So, talkSPORT has taken a look at the latest transfer rumours concerning Arsenal – check them out by viewing the slideshow above. 1. Pep Guardiola asks Manchester City to monitor Theo Walcott? – Read all about it below, then check out four more top transfer stories on Arsenal by clicking the arrow above, right – Incoming Citizens manager Guardiola has, according to the Evening Standard, asked his soon-to-be new club to monitor Walcott’s situation at the Emirates. It’s understood the England international isn’t keen on leaving the Emirates, but has grown disillusioned by his treatment from Arsène Wenger. 5 5 5 5 4. Arsenal to move for Granit Xhaka if move for N’Golo Kante falls through? – The Gunners have reportedly listed Kante as a major summer target, but are unsure on the figure Leicester City could demand given he has been key to their title-challenge this season. If they fail to land the Foxes midfielder, The Sun claim Arsenal will push through a deal for Granit Xhaka, with talks already taking place over a £27.5m transfer. 5 3. Newcastle want full-back Kieran Gibbs? – The Magpies, according to reports cited in the Express, are interested in luring Gibbs to St James’ Park in the summer. Despite being a bit-part player at Arsenal having fallen behind Nacho Monreal in the pecking order, the Gunners could demand as much as £12m for his signature. Any such move is likely to depend upon Newcastle’s Premier League survival, however. 2. Arsenal planning move for Chelsea youngster Dominic Solanke? – Solanke is currently on loan at Dutch side Vitesse Arnhem and his future has predictably been called into question. The 18-year-old has one year remaining on his deal at Stamford Bridge, and is reportedly demanding £50,000 per week to extend his stay. Chelsea are unlikely to give into such demands given he is yet to make a start for the senior team, and Arsenal are now said to be considering a move. The Sun claim Solanke would consider a pay cut if he’s assured of a role in the Gunners first team. last_img read more