Monrovia – Today, one of Liberia’s learned jurists, Associate Justice Philip A.Z. Banks III will be retiring from the nation’s highest court.
Bettie K. Johnson-Mbayo, [email protected]
The law provides age 70 as required to quit the Supreme Court. Cllr. Banks turned 70 this year.
Like him or not, Justice Banks will be famously remembered for delivering the majority opinion in the controversial 2017 Presidential and Representatives Election case involving Liberty and Unity Parties vs the National Elections Commission.
Banks’ oration kept average Liberians glued to their radios, the Internet and mobile phones for hours in pocket groups across the country.
The legal luminary, recalling his days on the Bench, said it has been challenging; but added, however, that he had some pleasant moments.
“I feel good that I’m about to go to another stage, I see myself making more contributions without looking in,” he said.
Banks further stated that his retirement as a Justice doesn’t end his legal career.
“Like before I was within and looking out. I think it has been a good deal and pleasant moments, as usual there were frustrations. I still made some contributions, I’m retiring from the Judiciary and not from the legal profession,” Banks said.
But who is the retiring Justice? His Honor Justice Philip A. Z. Banks, III obtained his Bachelor of Arts degree (Cum Laude), in Sociology and Economics from the University of Liberia, in 1971 and enrolled into the Louis Arthur Grimes School of Law, University of Liberia where he earned his LLB degree (Magnum Cum Laude), General Law (with emphasis on Business, Criminal and Constitutional related areas), in 1974.
Justice Banks thereafter gained admission into the Yale Law School, United States of America, where he obtained his LLM degree in Corporations and International Law, graduating with honors in 1976. In 1978, he obtained a certificate in International Humanitarian Law and subsequently was a Visiting Scholar at the Yale Law School, United States of America in 1990.
Associate Justice Philip A. Z. Banks, III is an accomplished and dedicated public servant who has served extensively in public and professional capacities both in the Liberian public and private sectors.
Dean Louis Arthur Grimes School of Law, University of Liberia (1983 – 1984).
Minister of Justice and Attorney General: Interim Government of National Unity (IGNU), RL (1990 – 1994).
Member, Council of State: Liberia National Transitional Government (1994 – 1995).
Minister of Justice and Attorney General, Republic of Liberia (2007 – 2008).
Chairman Law Reform Commission, Republic of Liberia (2008 – 2010)
His Honor Justice Philip A. Z. Banks, III was nominated, confirmed and appointed to the Honorable Supreme Court Bench as Associate Justice in 2010.
Who Replaces Him?
As the vacancy will be created, several names are in the corridor of the Executive to replace Justice Banks. Prominent among them are Senator Joseph Nagbe, Cllrs. Oswald Tweh, Nagbalee Warner, Jallah Barbu, Syrena Cephus, Jerome Korkoyah and Moses Paegar.
Joseph Nagbe
Joseph Nagbe is long time serving legislator. He had a failed attempt to become Pro-Tempore of the Liberian Senate. He is the favorite to replace Justice Banks. President George Weah few months ago was in the Senate like Nagbe, a factor that could play for the lawmaker. But Nagbe’s poor health has been a serious challenge, causing his regular absent from that august body. It was reported that the Senator attempted resigning from the Senate for health reason.
Appointing Nagbe to Supreme Court could see another bi-election. He has been in the Senate for two terms since 2006.
He was born February 22, 1959, Nagbe served as Sinoe County Civilian Representative to the National Transitional Legislative Assembly (NTLA).
He served as Director, Bureau of Legislative Research, Junior Trial Counsel, Freeman’s Legal Consultancy, Administrator, Industrial Relations, Monrovia Breweries, Inc. The Sinoe lawmaker also served as founder and proprietor of Nagbe and Associates Law Office. He holds a BSc degree in Education and a LLB degree from the Louis Arthur Grimes School of Law of the University of Liberia.
He currently Co-Chairs on Foreign Affairs, Judiciary, Public Works and Rural Development in the Senate.
He is a member of other committees, including Commerce, Trade and Industry, Education and Public Administration, Ways, Means, Finance and Budget.
Recently the Sinoe County Legislative Caucus expelled him with immediate effect.
Oswald Tweh
Cllr. Oswald Tweh politically is not known but he is highly respected amongst his peers. Him not being very well known politically, could be a stumbling block in getting his way through the Executive.
He holds a bachelor in Education (honors), Cuttington University College now (Cuttington University), Liberia, 1984; LL.B. (Honors), Louis Arthur Grimes School of Law, University of Liberia, Liberia, 1986; LL.M., Harvard Law School, Cambridge, Massachusetts, 1988.
Liberia National Bar Association President 2006, New York State Bar Association; American Bar Association.
He specializes in Corporate Taxation; Corporate Law; International Business; Commercial Transactions; Litigation.
He is an Assistant Professor of Law, Louis Arthur Grimes School of Law, University of Liberia, 1992-present.
Managing Partner, Brumskine & Associates, 1991-1999;
Member, National Board of Bar Examiners, Supreme Court of Liberia, 1994-1996/February 2004 to 2014;
Member, Board of Directors, Liberia Telecommunications Corporation (LTC), 1994-1995; Member, Tax Commission of Liberia, 1999; Member, Grievance & Ethics Committee, Supreme Court of Liberia, 2002 to 2013;
Chairman, Board of Directors, Industrial Property Office, 2005 to 2012;
Chairman, Provisional Board of Directors, Liberia Telecommunications Corporation (LTC), February 2006 to September 2007; Member, Judicial Inquiry Commission, Supreme Court of Liberia, 2006 to 2008;
Co-Chairman, Judicial Training Institute Steering Committee, Supreme Court of Liberia, 2007 to 2008;
Member Board of Directors of the Liberian National Oil Company, 2009 to 2010; Member,
Executive Council of the Liberia Chamber of Commerce, 2009 to February 2011.
Nagbalee Warner
Another expected Nominee Negbalee Warner is the current Dean and Associate Professor of Law at the Louis Arthur Grimes School of Law.
Warner holds LLB (Honors) from the Louis Arthur Grimes School of Law, University of Liberia.
LLM, Cornell Law School, Ithaca, New York, 2002.
He has work for the Carter Center and the Liberia Extractive Industry Transparency Initiative.
He served as the Chairman of the Board of Directors, Liberia Petroleum Refining Company.
J. Sayma Syrenius Cephus
Cllr. J. Sayma Syrenius Cephus is a known and respected Liberian Counselor-At-Law with a vast and appreciable experienced in human rights and civil liberty litigations throughout the African continent.
He has led a number well documented and high-profiled litigation at the African Union Court and the Economic Community of West African States (ECOWAS) Court.
In November 2013, Cephus filed two major cases before the African Commission on Human and Peoples’ Rights in Banjul, The Gambia against the Republic of Kenya and the Republic of South Sudan for human rights violations.
Cephus was also a part of the legal advisory team that helped the Press Union of Liberia in drafting the Freedom of Information Act, which was subsequently passed into law by the Liberian Legislature in September 2010.
Before becoming a state prosecutor at the Ministry of Justice, Cephus served as Assistant Minister/Special Assistant at the Ministry of State for Presidential Affairs under transitional government that ushered in peace and stability to Liberia from 2004 – 2006 prior to the elections of President Ellen Johnson-Sirleaf.
At the Ministry of State, Cephus supported the Chairman (Interim President) of the National Transitional Government of Liberia (NTGL) in the successful implementation of the Comprehensive Accra Peace Accord.
Other positions held at the Ministry of state prior to the NTGL included serving as Assistant Minister for Public Affairs and Presidential Press Security between 2001 and 2002.
Cephus holds an LLB degree from the Louis Arthur Grimes School of Law at the University of Liberia, and a Bachelors of Science degree in Agronomy from the University of Liberia as well.
Dr. Jallah Barbu
Cllr. Jallah Barbu earned a Diploma in Machinery from Booker Washington Institute (BWI) and matriculated to the University of Liberia, where he received a Bachelor’s Degree in Accounting and the Law degree from the Louis Arthur Grimes School of Law.
He enrolled at the University of Indiana, Maurer School of Law in Bloomington, Indiana, USA where he earned his Masters and Doctorate (SJD) degree in Law.
Barbu is currently an Assistant Professor at the Law School and a former Chairman of the Law Reform Commission where he resigned to contest the 2017 presidency.
The 2017 presidential candidate of the former Liberian National Union Party (LINU), resigned from LINU for the New Liberian Party (NLP).
Cllr. Barbu said his departure from LINU was due principally to differences in policy, approach and administrative style.
“My decision to join the NLP is predicated on the fact that we have common political ideologies rooted in accountability and unwavering respect for the rule of law, humility and mutual respect, and pursuit of the greater good,” he added.
Cllr. Barbu continued: “The platform of NLP and the National Program of Team Barbu agree on these and several other issues. The approach each adopts is the administration of a country based on the merit system, service to the people, keeping Liberians at the core of national governance, and achieving maximum benefits for Liberia in the utilization of its resources.”
Al-Varney Rogers Contributed to this article