By: Judicial Correspondent
Liberia-October 15, 2020-WTVNEWS: Civil Law Court Judge Kennedy Peabody recently placed Preliminary Injunction on the Liberia National Bar Association’s (LNBA) decision to have expelled Cllr. Nbudusi Nwambudike until a petition for judicial review filed by the LACC boss is determined by that court.
Cllr. Nbudusi Nwabudike is the Chair of the Liberia Anti Corruption Commission (LACC).
Judge Peabody’s action to grant the Preliminary Injunction as pray for Nwambudike to restrain the LNBA from perfecting its decision against him (Cllr. Nwambudike) is to enable him to practice Law to sustain his family pending the outcome of a legal battle between him and the LNBA.
It can be recalled five months back in April 2020, the Chairman of one of Liberia’s Anti-graph institutions was expelled by the Liberia National Bar Association after it was established that he is a holder of fake Liberian citizenship, evidence by his conflicting dates of birth and names.
Following the Bar’s decision, Cllr. Nwambulike has since been fetching ways to undo such decisions through legal and other means apportion to him as the LNBA’s actions have allegedly put him in an unfavorable position both locally and internationally.
Initially, the writ for Preliminary Injunction was filed with the then Justice-in-Chambers of the Supreme Court of Liberia amidst the previous petition for judicial review, but Associate Justice Jamesetta Wolokollie declined to grant such application as pray for by Nwambulike due to mixed filing and therefore, referred the counselor to the Lower Court.
Judge Peabody in his verdict Wednesday, October 14, 2020, says was he to deny the writ for an injunction based upon the bond of one hundred-one United States dollars filed by the Movant (LNBA), same would be grossly inadequate to indemnify the respondent (Nwambulike) from the injury and damage he would sustain in the event where the LNBA decision is revised and such reversal is subsequently upheld by the Supreme Court.
Cllr. Nwambulike, having informed the court that he has no other profession to support himself and his family except the practice of law, it is the holding of Court that the injury to be sustained by Nwambulike is irreparable and is not capable of being compensated in any monetary form were it (court) to lift the restraining order following the petition for judicial review.
Judge Peabody used article 20(b) of the 1986 constitution of Liberia. It states “Appeal for Judgment, decree, decision, a ruling of any court or administrative board or agency, except the Supreme Court, must be held inviolable. The petition for judicial review being an appeal filed by the respondent against the decision, same will served as a stay in the enforcement of the decision of the Movant to expel the respondent from its membership pending final determination into the petition for judicial review.
“Wherefore, and in view of the foregoing, it is a considered opinion of this Court that the motion to vacate the preliminary injunction and resistance thereto are hereby denied and the petition for Preliminary Injunction and the resistance to vacate preliminary injunction is hereby granted. Accordingly; the Movant is hereby restrained, enjoin, and prohibited from enforcing its decision expelling the respondent from its membership pending the determination of the petition for judicial review. And it is hereby so ordered,” Judge Peabody ruling stated.