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.

MONROVIA – Sinoe County Senator J. Milton Teahjay, known for his political inconsistency, says he will support former Vice President Joseph Nyumah Boakai of the opposition Unity Party in the pending November 14, 2023 runoff elections.

By Henry Karmo, henry.karmo@frontpageafricaonline.com

Teahjay, who recently contested for re-election in the Sinoe County senatorial election, was defeated by Mr. Crayton Duncan, a candidate from the ruling Coalition for Democratic Change (CDC), by a significant margin.

“Distinguished ladies and gentlemen, as we approach the November 14 runoff elections and after extensive consultations, we have arrived at the conclusion of officially endorsing Amb. Joseph Nyumah Boakai, the Standard Bearer of the Unity Party. He is a statesman of immense patience, character, and the ability to lead Liberia while redirecting the course of governance for the benefit of all Liberians.

“We call upon all our fellow citizens of Sinoe County and all Liberians to join us in this mission for the pursuit of a better Liberia.”

Teahjay’s decision comes in the wake of five years of support for the CDC agenda during his role as Senator of Sinoe County. Like many other Senators, he has publicly supported the George Weah government by the way they have voted on legislation favoring the Government.

In his endorsement statement, he extended heartfelt appreciation to the people of Sinoe County, who bestowed upon him the singular honor and privilege of serving as their Senator for a total of nine years, spanning both the 53rd and 54th Legislative sessions of the Republic of Liberia.

“Following the pivotal 2017 legislative and presidential elections, I wholeheartedly dedicated six years of my political career within the legislature to assist the CDC in fulfilling the mandate of the people of Sine County. Regrettably, after contributing to President Weah’s development agenda in the legislature and observing the initial results of the 2023 elections, it is abundantly clear that the CDC is ill-equipped to lead this nation for the next six years.”

According to Teahjay, in the later years of the CDC administration, he held the premature hope that the government would capitalize on the substantial gains made across various sectors under the previous UP government. However, to his dismay, the CDC has not demonstrated a willingness to harness the crucial political capital it was entrusted with.

He also said it is disheartening to witness a government that rose on a populist platform lacking the trust, credibility, and the ability to bring together national political leaders to stabilize the country. Instead, the nation has witnessed the marginalization and alienation of the political class, often encouraging chaos and, in some instances, even being linked to the tragic murders of individuals who refused to submit to the whims of the Weah administration.

“Reflecting on the wisdom imparted to me during my political apprenticeship under the late struggle icons G. Gabriel Matthew and Dr. Amos C. Sawyer, I consider it a political betrayal to abandon the values of multi-party democracy, social justice, and economic freedom.

In these trying times when our people are facing complex socio-economic challenges, I recall the words of Martin Luther King, “our people will remember not the words of their enemies but the silence of their friends.” I have chosen not to remain silent, for our people expect us to speak out and provide guidance in selecting leaders based on competence, experience, and a genuine commitment to serving and protecting their well-being.

Teahjay, known for preaching Kru and Sarpo politics in Sinoe County, told journalists he has adamantly refused to engage in what seems to be a divisive tribal chorus echoing throughout the country’s political landscape, as it threatens to pit one region against the rest.

As a Senator and a prominent leader of our beloved Sinoe County, I have faithfully followed the mandates of our people over the past six years. The question that lingers now is: What have our people gained from their loyalty during these past six years?

Currently, the southeastern counties are among the most neglected, impoverished, and destitute positions at an alarming rate, contributing to the dire state of the healthcare system in the southeastern region.

After six years of marriage with the CDC government, the outspoken senator has realized that schools in the southeast lack basic supplies, with many instructors not receiving their salaries in a timely manner.

“Some junior high schools in the southeast have just two instructors, which is an affront to the loyalty of our people and a disgrace to our educational system.”