Monrovia –The confirmation of the Deputy Justice Minister-designate, Madam Juah Cassell, took a different turn on Wednesday at the Liberian Senate when she was questioned over her qualification for the post.
Report by Bettie K. Johnson-Mbayo, [email protected]
Though the nominee had told the Senate’s Judiciary Committee that she is a graduate of International Law from Wuhan University, and holds a Bachelor of Arts in Sociology accompanied with certificates from the Liberia Institute of Public Administration in Procurement and Human Resource.
Lofa County Senator Steve Zargo questioned how effective she would be on the job when she has no knowledge of the nation’s judicial and security system.
“I like to know how effective will you be when you are not a member of Liberia National Bar Association neither have you appeared in any court’s function.”
Before she could respond, Grand Cape Mount County Senator Cllr. Varney Sherman interrupted, “There is no law that provides that one should be a lawyer or member of the Bar, before one becoming a Deputy Minister of Justice.
This answer left Senator Zargo bemused adding that the Justice Ministry is a legal area and if the Attorney General, who is the Justice Minister proper isn’t around, a non-lawyer like the appointee will have no access to the courts.
“So when the Minister of Justice is not around, what will you do when a Notice of Assignment is served on the Ministry, don’t you think there will be more burden on the Solicitor General?”
Again Cllr. Sherman interrupted, “That’s why the Solicitor General is there to help the Ministry, but there is no qualification that really calls for you to be a lawyer before serving such post, so I will concede a little, but you don’t really have to be a lawyer before appointment.”
Sen. Zargo said he is concerned on how the nominee if confirmed, will decide on legal and security issues in the absence of the Justice Minister, who is a Counselor of Law.
Cassell, “I can’t do the work alone. It will be done collectively with other members of the Ministry. We have to set up a good database and see how best it can be effective.”
“Instead of having a huge pile of files, we will take away the hard files and do an electronic filing system of our Ministry.
She furthered bragged about being youthful and will better do the job than any others.
A legal expert, who spoke with this newspaper, said the appointment of Madam Juah is not in the best interest of the Ministry as she is not an Attorney, neither a Counselor.
According to this expert, who doesn’t want his name mentioned, the Deputy Justice Minister for Administration should be a Counselor at Law because that person is the Deputy Dean of the Supreme Court; adding: “Juah doesn’t fit in any of the categories.”
The Judiciary Law Chapter 17, Section 9.1 on Licenses: requires no person to practice law or appear before any court as an attorney or counselor at law without a valid license as a lawyer.
At the Supreme Court only Counselors represent their clients not an attorney or a law student.
Following her confirmation hearing, Wednesday, April 17, lawyers at the Temple of Justice questioned the wisdom behind her appointment.
One of them said her law degree from China isn’t inclusive of the Common Law Jurisdiction, which includes England and the United States of which Liberia practices and follows.
“China is not part of our jurisprudence, so how will she be a Deputy Minister for Administration of a legal institution? She has no knowledge of our laws and will be a burden on the Solicitor General because she didn’t graduate from the reputable law school in Liberia.”
“In our law school, one must do Torts Law, Property Law, Civil Law, and Criminal Procedural Law, Constitutional Law, Maritime Law, Civil and Criminal law.
“International Law has no binding effects, and is not part of our basic structure law of this Republic.”