Monrovia – The Supreme Court has scheduled Tuesday, January 9, 2023, at 11:00 a.m. to entertain 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 and Henry Karmo
The High Court, on Wednesday, January 3, 2023, issued an assignment for the argument of the case. The case is among several others, including election cases, to be heard in the 17th Day Session of the Court next week Tuesday.
Prior to the assignment of the case, the Unity Party, through its 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.
The Director of Communications at the Temple of Justice, Mr. Daryl Ambrose Nmah told FrontPageAfrica that the Court has not placed stay order on the confirmation process, rather, it has cited the involved parties for an argument why the petitioned write of prohibition should be or should not be granted.
In its petition, the Unity Party stated that, 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, and payment of any amount beyond ten thousand United States Dollars (USD 10,000).
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, the 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, would 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 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 retire create a vacancy on the Supreme Court Bench to warrant the nomination of Cllr. Musa Dean,” stated the Unity Party.
The Unity Partty 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.
The Senate committees on Judiciary and Ways, Means finance, and budget may on Thursday, January, hold confirmation proceedings for nominees Frank Musa-Dean and Mr. Zamora P.Z Wolokollie at 10:00 AM for Dean and 2:00 PM for Wolokollie.
According to some, the chair of the Senate judiciary committee, Senator Varney Sherman of Grand Cape Mount County, the committee will on Thursday morning convene a meeting to decide whether or not to continue with the process in the wake of the actions from the honorable supreme court.
He also confirmed that the Senate has been duly informed about the writ of prohibition filed by the Unity Party. However, the information has not asked them not to go ahead with their legislative workings.
In conversation with one of the committee members who asked for anonymity on the bases of not being authorized by the committee to speak, said; “To do so the supreme will be in violation of the Constitution. Yes, we have received the information from the supreme court sent through the Pro-Temp of the Senate and the President of the Senate, but it has not instructed us not to go ahead with our function as lawmakers.”
In the supreme court’s communication sent to the Senate through the Pro-temp Albert Chie and Vice President Jewel who is President of the Senate, they notify the Senate and invited them to file a brief on Monday, January 8, 2024, before the supreme court of Liberia by 9:00 AM to show cause why petitioner (Unity Party) petition pray for should not be granted.
The Petitioners Unity Party prays the Supreme Court to prohibit the Senate from conducting confirmation hearings and subsequently confirming Dean as Justice on the Bench of the Supreme Court of Liberia.
Because of its urgency, the hearing will take place “en banc” (before the full bench of the supreme court.
In December 2023, outgoing President George M. Weah nominated Cllr. Frank Musa Dean, Jr., the current Minister of Justice and Attorney General, as an Associate Justice of the Supreme Court of Liberia.
President Weah conveyed this nomination in a letter addressed to Minister Dean, expressing his confidence in the Minister’s ability to contribute meaningfully to the promotion of peace, reconciliation, and the overall development of the country. His nomination comes in the wake of the early retirement sought by Associate Justice Joseph Nagbe.
The nomination, as per the Liberian Constitution, requires confirmation by the Liberian Senate. President Weah has formally notified the Senate of Cllr. Frank Musa Dean’s nomination and requested the submission of 35 copies of the nominee’s resume for review. Cllr. Frank Musa Dean has been at the helm of the Ministry of Justice and Attorney General’s office, overseeing crucial legal matters and providing legal advice to the government.
The Minister also played a pivotal role in coordinating national security operations through various security apparatuses, including the Liberia National Police, Liberia Immigration Service, Liberia National Fire Service, Liberia Drug Enforcement Agency, Bureau of Corrections and Rehabilitation, National Security Agency, and the national intelligence gathering and management.