Monrovia – The Supreme Court of Liberia, on Tuesday, January 9, 2023, indefinitely suspended legal arguments in a petition for the writ of prohibition filed by the Unity Party against Cllr. Frank Musa Dean, Jr., the President Nominee for the Office of Associate Justice of the Supreme Court of Liberia.
By: Victoria G. Wesseh
The Supreme Court’s indefinite suspension of the hearing was due to the failure of the Unity Party lawyers to serve copies of a motion filed with the High Court to the adversary parties (Ministry of Justice & House of Senate) eleven hours before the hearing of the main lawsuit – the writ of prohibition.
The motion filed by the Unity Party on Monday, January 8, 2024, seeks the recusal of the Chief of the Supreme Court of Liberia, Her Honor Sie-A-Nyene Yuoh, from presiding over the prohibition proceeding against Cllr. Musa Dean.
At the call of the prohibition case on Tuesday, January 9, 2024, lawyers representing the Unity Party informed the High Court Bench that as a matter of law and procedure, the Court must first hear the motion and pass on it before getting to the main lawsuit (prohibition).
In response to the Unity Party, lawyers of the Liberian Senate and Ministry of Justice, relying on Chapter 8.2 of the Civil Procedure Law, said the motion should have been served on the opposing parties to enable them to adequately respond to the averments contained in said motion, but it was not done by the Unity Party.
The government’s lawyers stated, “in this instance, the motion came as a surprise to us. We are asking the Court to decline to hear said motion.”
The respondents (government) say notice is a fundamental principle of law, and it should be observed at all times.
“The respondents haven’t received the motion up to the time of this case in court, making it difficult for them to respond,” stated the government’s lawyers.
However, Chief Justice Sie-A-Nyene Yuoh, speaking on behalf of the Supreme Court, said the records showed that the motion in question was filed a day before the hearing of the petition for a writ of prohibition.
Chief Justice Yuoh stated, “this Court says notice is the cardinal principle of law; the matter has been suspended and rescheduled to a later date to be announced by the court.”
Prior to Tuesday’s suspension, the High Court on Wednesday, January 3, 2023, issued an assignment for the argument of the case. The prohibition case is among several election cases to be heard on the 17th Day Session of the Court.
Before the assignment of the case, the Unity Party, through her lawyers including Cllr. Cooper W. Kruah, J. Johnny Momoh, Neto Zarzar Lighe, Moiffie Kanneh, J. Cole Bangalu, Milton D. Taylor, T. Emmanuel Tomah, and Emmanuel A. Tulay, Sr., filed a sixteen-count petition to the Court seeking the prohibition of the confirmation of Cllr. Musa Dean for the Office of Associate Justice of the Supreme Court of Liberia.
In its petition, the Unity Party said subsequent to the election of Joseph Nyumah Boakai and Jeremiah K. Koung as President and Vice President respectively, President George M. Weah issued Executive Order 123 on November 21, 2023, establishing the Joint Presidential Transitional Team (JPTT) comprising members of his cabinet and a Team designated by the President-elect, Joseph N. Boakai, to facilitate the smooth transition of powers from the outgoing government of President Weah to the incoming government of Joseph Boakai.
The petitioner says that on December 18, 2023, President Weah issued and published a Directive, ordering the freeze on employment, borrowings, payment of any amount beyond ten thousand United States Dollars (USD 10,000).
That notwithstanding the above, President Weah, on December 26, 2023, about 26 days before the inauguration of President-Elect Joseph Boakai, nominated Cllr. Musa Dean as Associate Justice of the Supreme Court to replace Associate Justice Joseph Nagbe, who had requested early retirement through a letter to the Chief Justice.
The Unity Party argues that while it is true that Article 54 (c) of the 1986 Constitution grants the authority to nominate with the consent of the Senate appoint Chief Justice and Associate Justices of the Supreme Court of Liberia, the Constitution did not envisage that the current President, having lost the Presidential election at the end of his/her tenure, set up a transitional team for the smooth transfer of power to the President-Elect and placed a moratorium on new employment would appoint an Associate Justice of the Supreme Court; accordingly, the nomination of Cllr. Dean by President Weah to replace Associate Justice Nagbe given the circumstances and timing is certainly against best practice.
The petitioner further stated that the December 21, 2023, letter from Justice Joseph Nagbe to Chief Justice Sie-A-Nyene G. Yuoh requesting early retirement on the ground of ill health doesn’t in itself constitute retirement or create a vacancy on the Supreme Court Bench.
“Retirement of the Chief Justice, Associate Justices, and Judges is clearly defined by the Constitution of Liberia (1986). Article 72 (b) of the Constitution of Liberia (1986) provides: “The Chief Justice and Associate Justices of the Supreme Court and judges of subordinate courts of record shall retire at the age of seventy; provided, however, that a justice or judge who has attained that age may continue in office as long as may be necessary to enable him/her to render judgment or perform any other judicial duty in regard to proceedings entertained by him/her before he/she attained that age. By no stretch of logic can such a letter of request be permitted to create a vacancy on the Supreme Court Bench to warrant the nomination of Cllr. Musa Dean,” stated the Unity Party.
The petitioner further argues that the letter from Justice Nagbe requesting early retirement is addressed to the Chief Justice and not the President, and hence the President cannot be responding to the same.
The Party says further that the request for early retirement is pursuant to Article 13 Section 13.4 of the New Judiciary Law. That issues growing out of the Judiciary Law are cognizable before the Judiciary and not the Executive Branch.
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