By Lincoln G. Peters
Lawyers who represent poor people accused of committing serious crimes across the country are warning that the public defenders’ program in Liberia will face difficulties in providing adequate legal representation if low budgetary allotment is not addressed.
The right of legal counsel to those accused of crimes in Liberia is a right enshrined in the 1986 Constitution, but one that could be threatened by inadequate budgeting and logistical support.
Article 21 (c), (f), (h) and (i) guarantee that anyone facing criminal charges has right to a speedy and public trial by an impartial jury and legal counsel.
In its 2009 decision establishing the National Association of Public Defenders of Liberia (NAPDOL), the Supreme Court of Liberia ruled that anyone charged with a serious crime has a “fundamental” right to counsel, no matter their ability to pay, but left the matter of funding to government.
Speaking recently at the National Public Defender of Liberia (NAPDOL) 6th Annual Convention, Cllr. Bestman Darward Juah, vice president of the Association said that the program over the years has strived to enhance access to justice for poor people or indigents.
“There are challenges faced by the program, including inadequate budgetary and logistical supports by the government. To make the program efficient and effective, I am appealing to President Joseph Boakai administration for additional budgetary support to this notable program”, Cllr. Juah pleaded.
He applaud public defenders throughout the country for their commitment in providing access to justice and/or legal aid to criminal defendants through adequate legal representations.
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On Friday, February 9, 2024, the National Association of Public Defenders of Liberia (NAPDOL) convened at its Sixth Annual Convention on the Ground Floor of the Temple of Justice, Monrovia, Liberia under the Theme: Lawyers and Clients Relationship: The Case of Indigent Clients.
The convention was attended by Her Honor, Sie-A-Nyene G. Yuoh, Chief Justice of the Supreme Court of Liberia, who delivered a special statement on behalf of the Full Bench of the Supreme Court. The convention was also attended by executives and members of the Liberian National Bar Association (LNBA).
In 2015, Cllr. Juah graduated from the Louis Arthur Grimes School of Law, University of Liberia with a Bachelor of Law degree (LL. B). Also, in 2003, he graduated from the Cuttington University College (now Cuttington University), Suacoco, Bong County, with a degree of Bachelor of Science (BSc.) degree in accounting. Besides, he holds several professional and specialized certificates from various reputable institutions including the International Law Institute, Washington, DC, United States of America.
Cllr. Juah in his opening remarks welcomed Chief Justice Sie-A-Nyene G. Yuoh, executives and members of the LNBA, including invitees and delegates respectively.
He said the convening of the Association was in consonance with Article 23, Sub-Section 3 of the Constitution of NAPDOL which provides amongst other things, that the association shall convene every year to receive reports from the leadership about its fiscal as well as deliberate on its growth and development.
He recounted that the milestones of NAPDOL are attributed to the Office of the Chief Justice of the Supreme Court because it is the office that gave birth to the association in 2009.
International human rights instruments recognize that when a person’s fundamental rights to life and liberty are put at risk by the State, that person has a right to legal assistance to ensure that the State properly fulfills its obligations imposed by law, without violating the rights of the individual in the process.
As a result, the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders adopted in 1990, the UN Basic Principles on the Role of Lawyers with its principle that “All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.”
The basic principles further place responsibility upon the government and the legal profession to ensure that everyone has access to counsel, regardless of means or background, to protect the right to equality before the law.
Consistent with the aforementioned international obligations as imposed by internal law, the Supreme Court of Liberia in 2009, established the National Public Defense Program aims at providing legal representation to indigent criminal defendants; as well as enhancing access to justice for all individuals suspected or accused of crimes, including those arrested or detained”, with the goal of protecting the fundamental rights of the criminal defendant as enshrined in Article 21 ( c), (f ), (h) and (i) of the Constitution of Liberia (1986). Editing by Jonathan Browne
