MONROVIA – Senator Milton Teahjay of Sinoe County has raised objections to the confirmation proceedings for President George Weah’s nominee, Frank Musa-Dean, as a justice on the Supreme Court. The bone of contention lies in the assertion that Associate Justice Joseph Nagbe has not constitutionally left his position on the bench, contrary to his purported early retirement.
Senator Teahjay’s argument hinges on the belief that the current Associate Justice Nagbe has not officially resigned or voluntarily exited his role, emphasizing the constitutional requirement for vacancies on the Supreme Court to be addressed through a proper resignation or retirement process. However, a closer examination of the communications reveals a different narrative.
Senator Teahjay argues, “The confirmation of Justice-designate Musa Dean without ensuring that Associate Justice Nagbe legally vacates the position as Associate Justice will result in six (6) Justices on the bench of the Supreme Court, and such an act will be in violation of Article 67 of the 1986 constitution of the Republic of Liberia, which provides, in pertinent part, that the Supreme Court shall comprise one Chief Justice and four Associate Justices.”
Senator Teahjay also believes that Nagbe’s request for early retirement is not supported by law and should not be honored by the honorable Liberian Senate, considering that the request does not meet the minimal requirements for approval as contained in Chapter 13, Section 13.3, and 13.4 of Title 17 of the New Judicial Law, Liberia Code of Law Revised.
In a letter dated December 21, 2023, Justice Nagbe himself communicated to President George Weah, expressing his ill health and requesting an early retirement from the Supreme Court. President Weah, in response on December 26, 2023, approved Justice Nagbe’s retirement, acknowledging his invaluable services to the nation during his tenure on the bench. This exchange of letters dispels any notion that Justice Nagbe’s departure was anything but voluntary.
President Weah: “I have received your letter dated December 21, 2023 informing me about your ill-health and therefore requesting an early retirement from the Supreme Court Bench of the Republic of Liberia.
“In consideration of the above. I am pleased to approve your request, and thank you for your invaluable services provided to our nation while on the Supreme Court Bench.
Once again, I thank you and wish you well in your future endeavor.”
The communication from Justice Nagbe to the President is explicit in stating that his prolonged medical treatment abroad necessitates an early retirement, and President Weah, recognizing the situation, graciously approves the request. The exchange reflects a transparent and legal process adhering to the constitutional provisions for a justice’s retirement due to health reasons.
Senator Teahjay’s concerns about a lack of quorum on the Supreme Court bench due to Justice Nagbe’s absence are noteworthy. However, they fail to acknowledge the precedents set by the retirement of Chief Justice Johnnie N. Lewis, who retired early due to poor health, creating a vacancy filled through due constitutional processes.
Chief Justice Sie-A Nyene G. Yuoh, in a letter dated December 27, 2023, rightly points out that Justice Nagbe’s request for retirement is within the bounds of the law. She emphasizes the automatic creation of a vacancy on the Supreme Court upon such retirements, urging adherence to Article 68 of the Constitution for the appointment and commissioning of a new justice.
Chief Justice Youh:
Dear Mr. President,
Mr. Justice Nagbe’s request for retirement for reasons of ill health is within the pale of the law, which grants an Associate Justice of the Supreme Court the right to honorably retire to private life. This finds precedent in the case of the Late Chief Justice, Johnnie N. Lewis, who for reason of poor health, was retired before the age of seventy (70).
The retirement of Justice Nagbe automatically creates a vacancy on the Supreme Court, and Judicial Canon Two provides that in the event of any seat of honor on the Supreme Court becoming vacant, same shall remain vacant until the vacancy is filled by appointment and such appointee is commissioned and ceremoniously seated.
Moreover, Article 68 of the Constitution (1986) provides that “the Chief Justice and Associate Justices of the Supreme Court shall, with the consent of the Senate, be appointed and commissioned by the President.
In view of the above, and in order to maintain the Constitution of the full membership of the Bench in accordance with the Constitution, I advise that the request of Justice Nagbe be granted and Article 68 of the Constitution be invoked.
In essence, Senator Teahjay’s argument against Justice Nagbe’s retirement claims appears flawed in the face of explicit communications and constitutional provisions. The retirement of Justice Nagbe is lawful, and President Weah’s nominee, Frank Musa-Dean, can proceed through the constitutional confirmation process without concerns about a violation of Article 67.