Monrovia, Liberia – A stay order has been imposed on Justice in Chambers Jamesetta Wolokolie’s nomination of Justice Minister Frank Musa Dean, who was recently nominated by President Weah, to succeed Associate Justice Joseph N. Nagbe, who is seeking an early retirement owing to health concerns prior to the statutory retirement period.
As per the December 21, 2023 correspondence between Justice Nagbe and Chief Justice Sie-A Nyene G. Yuoh, the former is seeking an early retirement from the Supreme Court Bench.
Justice Nagbe’s message was this. “I present my compliments and by this communication request for an early retirement from the Supreme Court Bench of the Republic of Liberia, if you can recall your Honour, I have been out of the badwick of Liberia for eight months to seek medical attention for my health, but it has now become evident that the healing process to my recovery will take a longer period than expected and therefore cannot allow my physical presence in the Chambers of the Honourable Supreme Court of Liberia in the soonest, hence my request for an early retirement.”
Justice Wolokolie’s stay order was prompted by a petition filed by Unity Party (UP) and through its leadership seeking a writ of prohibition on the confirmation hearing of Councilman Dean, which is scheduled to take place on January 4, 2024, before the Liberian Senate.
The entire Liberian Senate leadership, including President Jewel Howard Taylor, President Pro Tempore Albert T. Chief, Attorney General, and Minister of Justice Cllr. Frank Musa Dean, who must be confirmed by the Liberian Senate, were all party to the stay order.
The petitioner (UP) asked the Justice in Chamber, Wolokolie, in a sixteen (16) count petition, to issue a writ of prohibition against the respondents, the Liberian Senate, forbidding, enjoining, and restraint them from confirming Cllr. Dean as Associate Justice of the Supreme Court of Liberia for both factual and legal reasons.
According to count four of the petition, 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 (US$10,000.00), noting that President Weah is in violation of said order; that is executive order 123 that was issued on November 21, 2023.
In addition, they contended that President Weah nominated Cllr. Dean as Associate Justice of the Supreme Court of Liberia on December 26, 2023, roughly 26 days before President-Elect Joseph N. Boakai took office. Associate Justice Joseph N. Nagbe had asked for an early retirement in a letter to the Chief Justice.
While it is true that Article 54(C) of the 1986 Constitution gives the President the power to nominate and, with the Senate’s approval, appoint Chief Justice and Associate Justices of the Supreme Court of Liberia, the petitioner contended that the document does not provide for the current President to appoint an Associate Justice of the Supreme Court of Liberia after losing the presidential election at the end of their term and forming a transitional team to facilitate a seamless handoff to the President-Elect.
The petitioner contends that President Weah’s nomination of an Associate Justice following a ban on hiring new personnel returns to the argument that the appointment of an Associate Justice would violate and subvert Article 1 of the 1986 presidential constitution.
The petitioner argues that Justice Nagbe’s letter to Chief Justice Sie-A Nyene G. Yuoh on December 21, 2023, requesting an early retirement due to health reasons, does not, by itself, constitute retirement or create a vacancy on the Supreme Court Bench. Accordingly, Cllr. Dean should not have been nominated to fill a position that is not vacant.
The petitioner requested that Justice in Chamber Jamesetta Wolokolie issue a writ of prohibition to forbid, restrain, and enjoin the Liberian Senate from conducting and confirming Councillor Dean as Associate Justice of the Supreme Court of Liberia. This was based on the allegations made in counts nine through eleven of the petition; additionally, the petitioner cited the provisions of the constitution.
The Liberia Senate, acting through legal counsel, and Councilman Dean, the respondents, must submit their returns by January 9, 2024, in order for a hearing to be held later that day.
Reported by: Watson G. Richards
Contact: +231880381808
