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Justice Yuoh Declines Issuance of Writ of Prohibition
Date Uploaded: Oct 06, 2016

Temple Of Justice

 

Justice Yuoh Declines Issuance of Writ of Prohibition
By Ballah M. Kollie

MONROVIA, October 5 (LINA) – Justice-in-Chamber Sie-A-Nyene Yuoh has denied for lack of justification the issuance of a Writ of Prohibition to halt the election of a new Speaker sought by Montserrado County Representative Adolph A. Lawrence.

She reached the decision on Tuesday, October 5, following a conference with counsels of Lawrence and the majority members of the House of Representatives in the Chambers of the Supreme Court.

She has at the same time lifted the stay order the Court placed recently on the operations of the House.

The petition was to put a halt to the election of a new speaker to replace former Speaker Alex Tyler who was removed by two-thirds majority of members of the House of Representatives last week.

In their argument, lawyers representing Lawrence argued that section 10.0 of the House’s standing rule contravenes Article 49 of the Constitution.

Rule 10.1, among other things, provides that the Legislature shall in 60 days elect a new speaker in the case of removal, ill health or death, while Article 49, among others, provides that the speaker shall be elected once every six years but can be removed by two-thirds for a cause.

But, defense lawyers led by Cllr. Beyan Howard, however, countered by introducing Article 38 which empowers the legislature to carve its own rules.

He discounted the argument of constitutional violation on the basis of Rule 10.1 that is backed by Article 38 and enhanced by Article 49 of the organic law of the land.
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