By Grace Q. Bryant
The Supreme Court disqualified the former Assistant Justice Minister Wesseh A. Wesseh from representing the Ministry of Justice in cases at that level on grounds that he is now an employee of the Judiciary as a Reliving Judge and not the Ministry of Justice.
Cllr. Wesseh’s disqualification came after he had gone to represent the Ministry of Justice in a trafficking case involving Marian Logan who was found guilty and sentenced for 50 years by Criminal Court ‘B’ in 2020 but the matter was appealed before the full bench.
The Judiciary Canon 4 says, “A judge shall not engage in the practice of law directly or indirectly. Upon his appointment, a judge who was a proprietor of a law firm or engaged in the practice of law associating with a law firm, shall resign publicly from the firm in the interest of fair play.”
“A judge is practicing law indirectly when he does not publicly resign but leaves his/her wife, husband, son, daughter or partners in the firm or a brother lawyer to run the firm and sits in the background. He shall not solicit prospective clients for any lawyer or law firm for reward or hope of reward. In the trial of a case, a judge presiding shall not behave in any manner as would suggest that he is counsel for one of the parties,” the Canon further mandates.
The Assistant Justice Minister now a Judge made a representation on behalf of the Justice Ministry and announced that he had a submission to spread on the court records but the Chief Justice quickly asked Cllr. Wesseh whether he was making a representation on behalf of the Ministry and his response was affirmative and Chief Justice Yuoh requested that he revoked his representation.
Justice Yuoh furthered asked him whether he had been confirmed by the Liberian Senate and again he said yes. It was at this point Chief Justice Yuoh told him that he is no longer in the employ of Ministry of Justice and reminded him that he is now a judge having been confirmed by the Liberian Senate.
Cllr Wesseh clarified that though he has been confirmed by the Liberian Senate, he has not been appointed and commissioned by the President but Justice Yuoh informed him that once you have been confirmed by the Senate, automatically, you are a judge.
Justice Yuoh told Cllr. Wesseh that once confirmed, there is no way the Senate can revoke such confirmation and reiterated that he retracts his representation from the court record.
“I, Cllr. Wesseh A. Wesseh, have not been brought to the knowledge, I will no longer represent Ministry of Justice and I hereby withdraw my representation,” he responded while retracting his representation.
Associate Justice Nagbe shared his experience stating that when he was confirmed by the Liberian Senate in 2019, he did not go to functions at the Capitol buildings until he was appointed and commissioned by the President.
It can be recalled that President Weah on the same day, nominated Cllr. Wesseh and Cllr. Nelson B. Chinneh as Relieving Judges of the circuit courts.
