By Precious D Freeman
The Unity Party wants Chief Justice, Sie-A-Nyene Yuoh, to recuse herself from participating in the Writ of Prohibition filed against the confirmation of Associate Justice-designate, Cllr Frank Musa Dean.
It can be recalled that on January 3, 2023, the Unity Party, through its legal counsels, petitioned the Supreme Court of Liberia in a Writ of Prohibition, requesting the court to view the nomination of Justice Minister Cllr Frank Musa Dean by President George Weah.
Following the party’s petition, the Supreme Court of Liberia’s Justice in Chamber, Jamesetta Wolokolie, immediately halted the confirmation hearing of the President’s nominee, Justice Minister Frank Musa Dean, who was recently nominated by President Weah to replace Associate Justice Joseph N. Nagbe.
The nomination of Cllr Dean was triggered by a request from Associate Justice Joseph Nagbe for an early retirement from the Supreme Court bench due to his ill-health.
Our judicial correspondent said the Unity Party made the request following a communication to President George Weah, which stated, “The request for retirement for reasons of ill health is within the confines of the law, which grants an Associate Justice of the Supreme Court the right to honorably retire to private life.”
The Unity Party added that section 13.4 (3) of the New Judiciary Law provides conditions under which a justice, judge, or stipendiary magistrate maybe retired and paid retirement compensation.
Section 13.4 ( 3) states “The law provides that for a justice, judge, or stipendiary magistrate to qualify for retirement, he/she must have served continuously for 15 years or more in any such judicial capacity, and attained the age 60 years, or has served continuously for ten years or more in any capacity and has been certified after appropriate medical or mental examination by competent medical authority to have become permanently disabled from performing his duties, or who has completed at least 25 years of service.
According to the Unity Party, Associate Justice Joseph Nagbe became Associate Justice in the year 2018, a period less than 10 years, and has not occupied or served in any judicial function to qualify for retirement.
They maintained that the purported request for early retirement and the granting of same by the President is void and of no legal effect for reasons stated.
The movant added that none of the laws cited made provisions for “early retirement”, which the letter of Justice Nagbe has requested.
“Petitioner also said that Justice Nagbe, having been appointed and commissioned as Associate Justice of the Supreme Court in 2018, does not and cannot qualify for retirement in 2023, as contemplated by our laws,” the movant said.
They continued as saying Justice Nagbe, having not qualified for retirement under the law, remains a seated Associate Justice. Hence, there is currently no vacancy on the Supreme Court to warrant the nomination of Cllr. Frank Musa Dean to the position aforementioned.
“For the Liberian Senate to honor a request from the outgoing President to hold confirmation of Cllr. Frank Musa Dean to fill a non-existing vacancy is unconstitutional,” the Unity Party stated.
They further revealed that Section 2.7 of the New Judiciary Law disqualifies a Justice of the Supreme Court from sitting on any case in which he is interested or has made a ruling as a Justice presiding in Chambers, in connection with an application for remedial or extraordinary writ, or which he sat while as a judge of a lower court.
“We are of the opinion that unless a justice of the Supreme Court had expressed his views or opinion on the merit of the case before it reached the Supreme Court on appeal, he is not qualified to sit when it comes up for review,” UP contended.
UP, relying on article 3 of the Constitution, stated that, consistent with the principle of separation of powers, checks and balances, no person holding office in one of the branches should hold office in or exercise any of the powers assigned to either of the two other branches, except as otherwise provided in the Constitution.
“Wherefore and in view of the foregoing, Movant prays for recusal of Your Honor, Sie-A Nyene G Yuoh, Chief Justice of the Republic of Liberia, from sitting and participating in the determination of the petition for a Writ of Prohibition, out of which the Motion grew and granted into Movant any other and further relief as the law and justice demand in the premises,” the Unity Party prayed the High Court.
