Monrovia – Justice Kaba delivered the Inaugural Rule of Law Lecture at the Liberia School of Law (LSL) on Friday, May 29 and spoke to the students and faculty of LSL on the theme “Strengthening the Rule of Law in Liberia for Sustainable Development.”
Describing the Rule of Law as “a vital development tool,” Justice Kaba said “investors rely on enforceable contracts, citizens depend on legal protections, businesses need predictable regulation and judicial rulings, and communities benefit from fair dispute resolution.” Moreover, he added, “human rights are upheld through judicial enforcement.” Accordingly, Justice Kaba stressed that “the rule of law is both a moral obligation and an economic essential because it promotes fairness, defends rights, and ensures accountability under clear, consistent rules.”
Nonetheless, Justice Kaba noted that “major structural issues continue to weaken the effective functioning of justice and diminish public trust in the rule of law.” He attributed issues that undermine the effective functioning of Liberia’s justice system to “limited budgets that hinder efforts to modernize judicial administration, including the establishment of a case management system, and the digitization of court operations.”
Unless these problems are tackled, Justice Kaba said, the judicial system would continue to face “overloaded dockets, lack of infrastructure, and outdated administrative systems that cause lengthy . . . delays” which in turn “raise litigation costs, deter business investments, weaken contract enforcement, and erode confidence in judicial bodies.”
While increased budgetary resources are necessary to successfully tackle these problems, Justice Kaba said there is also a need for far-reaching reforms, including reforms aimed at curbing the abuse of the right to appeal, which often leads to prolonged delays in the resolution of cases. The Justice suggested that creation of regional intermediate appellate courts may be one way of reconciling the constitutional right to appeal with reducing the heavy caseloads the Supreme Court faces every term.
In particular, he said that cases involving claims below a certain monetary threshold can be heard by intermediate appellate courts, while cases raising constitutional questions, novel questions of law, or issues of national importance can be left for the Supreme Court to decide. He further noted that this system is similar to what exists in many major democracies, including the United States, where parties have the right to appeal to intermediate appellate courts, while the Supreme hears only those appeals it decides to hear, which are often cases that raise profound constitutional questions or novel issues of law.
Justice Kaba also called for “an objective screening system . . . to evaluate potential judicial candidates.” Such a system, he said, would at once uphold the constitutional appointment powers of the Executive while ensuring that the appointment process for judges focuses on candidates’ moral integrity and competence.”
Justice Kaba also cautioned against “disregard” for judicial decisions, noting that “when judicial decisions are disregarded, delayed, or met with political resistance, the judiciary’s legitimacy diminishes, and the entire system of constitutional governance becomes at risk.” He added that “to be meaningful, judicial independence must go beyond a constitutional statement; it should be actively protected through institutional practices, financial independence, secure tenure, and transparent management.”
Justice Kaba additionally linked an effective rule of law system to “ethical conduct of lawyers and judges, as well as gaps in their legal knowledge.” Unethical and incompetent lawyers and judges, he said, “often harm litigants’ rights,” and “damage public trust and diminish the business community’s confidence in the judicial system.” Justice Kaba pointed out that the “Supreme Court has begun imposing stricter disciplinary measures whenever misconduct is reported.” He called on the Liberia National Bar Association “to create a formal continuing legal education program, developed collaboratively with the Supreme Court” to “ensure that judges and lawyers undergo regular refresher courses, stay up to date on legal developments, and uphold the professional standards necessary for proper courtroom management and legal practice.”
The Liberia Rule of Law Lecture Series aims to expose law students and the broader Liberian public to issues at the intersection of law and public policy with the goal of stimulating informed public debate on how to use the law to tackle some of the binding constraints to development in Liberia.
The Chairman of the Board of Trustees of the Liberia School of Law, Retired Chief Justice Francis Korkpor, thanked Justice Kaba for honoring the school’s invitation to deliver the inaugural rule of law lecture. The Rule of Law Lecture Series is run out of the LSL Rule of Law Center, which is headed by Retired Associate Justice and former Justice Minister Phillip Banks, who welcomed Justice Kaba to LSL and stressed that the lecture series was part of efforts by LSL to ensure it produces well-rounded graduates.
Other members of the LSL Faculty, including former Chief Justice and Justice Minister, Francis Johnson Allison, LSL Vice President for Academic Affairs Gerald Yeakula, and LSL professors, Sam Russ, Joseph Fayiah, Alvin Yelloway, Edward Kla-Toomey, and Timothy Reeves, were also present for the lecture by Justice Kaba.
Earlier, LSL President Kwame Clement, who introduced Justice Kaba, noted the vast experience he brought to the Supreme Court Bench, having served in various capacities, including as Assistant Minister of Justice, Circuit Court Judge, Probate Court Judge, Supreme Court Administrator, and Vice President of the ECOWAS Court of Justice. Given his experience and qualifications, LSL President Clement described Justice Kaba as representing “the finest jurist of his generation.”
