PHOTO: Chief Justice Yuoh being escorted to the Supreme Court Bench by Justice Minister and LNBA president
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Liberia’s third female Chief Justice, Sie-A-Nyene G. Yuoh today, Monday, October 10,2022 presided over the opening of the October A.D.2022 term of court, her first since her Senate confirmation and presidential appointment and commissioning recently.
The 30-member Liberian Senate voted to confirm Justice Yuoh in August as Liberia Chief Justice, replacing former Chief Justice Francis Korkpor who reached the age of retirement is set to resign in September. Senate Confirms Justice Sie-A-Nyene G. Yuoh As Liberia’s Next Chief Justice – News Public Trust
She is this West African State’s 3rd woman Chief Justice., was nominated by President George Manneh Weah over one week ago. The past two female Chief Justice are Gloria Musu Scott and Frances Johnson-Allison, both of whom are still alive today.
Speaking when she was seated today, her honor Chief Justice Yuoh declared in front of President George Weah and other top government officials, Lawyers, Judges and other personalities seated in the Supreme Court: “I owe no allegiance to no one but to the constitution of the Republic of Liberia.”
Pres. Weah and other officials in the Supreme Court on Monday
Chief Justice Yuoh said that she and her Colleagues by the help of Almighty God will strive to be like Lord Mansfield, Chief Justice of England, who, knelt before the throne of the King when taking oath as to his allegiance to the King.
But she told the audience that when taking his oath as to the administration of the law, the Chief Justice of England “rose from his knees and stood up erect before the King to demonstrate that he owes no allegiance to the monarch or anyone except his God, the written law,and his conscience. Id. 164.”
According to her, the Opening of this October Term of Court, A. D. 2022, is iconic, because she said this is the third time the Supreme Court will have a woman serving as Chief Justice within 175 years of independence.
Below, more on Chief Justice Yuoh’s statement on Monday:
History will attest that since the establishment of the Supreme Court in 1847, the Bench has been graced by Ninety One (91) Justices and of this number, only seven (7) women have been appointed and commissioned to serve as Associate Justices of the Supreme Court of Liberia.
It is worth noting further, that out of the seven, only three (3) have been elevated to the pinnacle of the Supreme Court to serve as Chief Justices. The previous twoChief Justices in order of their appointments are Cllr. Frances Johnson-Morris (now Allison) (April-September, 1997) and Cllr. Gloria M. Musu Scott (September1997-2003).
The remaining four Associate Justices who also graced the Bench with unparalleled qualifications, yet maintaining their femininity, beauty and skills are Angie-Brooks Randolph, the 1st female Associate Justice, Felecia V. Coleman, Gladys Johnson and Jamesetta Howard-Wolokollie. To these outstanding ladies, I say well done!
The above data prove that our legal profession is still male dominated, and I encourage our female lawyers to put aside timidity and embrace confidence; strive for excellence and be assertive.
The foundation of these attributes should be a solid education and knowledge of the law in order to strike a balance or at best, surpass our male counterparts to the extent where all the five Justices will be females and that majority of the Counsellors attending the Supreme Court’s Opening will be female lawyers.
Like Justice Ruth Bader Ginsburg of the United States Supreme Court, I do agree and believe that if the Supreme Court can have five male Justices for several decades in the past then, it’s fair enough to have five female justices going forward. (smile/humor)
In light of this, I am deeply humbled for my nomination, confirmation, appointment, and commission as the third female Chief Justice of the Republic of Liberia.
Additionally, I am elated by the fact that my appointment as Chief Justice is similar to the late Chief Justice James A.A. Pierre who having served for almost nine years as an Associate Justice (like me) was appointed to the Office of Chief Justice by President William V.S. Tubman. Therefore, permit me to utilize the words of Mr. Chief Justice James A.A. Pierre which aptly describe my own gratitude to you,Mr. President:
“… I feel highly honored today when by this appointment you have placed in my hands the custody of the Constitution; to protect it and to guard it jealously as the principal working tool of this new office. That great document must hereafter be the yardstick by which to measure the issues of great moment, and the burning contentions which litigants will bring for final adjudication. The confidence you have in me must be remarkable and I shall endeavor not to abuse it.
After having served previously as Associate Justice for almost nine years, I am well aware of the great responsibilities and the heavy burdens the Chief Justice is expected to carry in this developing era of our country’s existence. I know the duties of this office call for a peculiar and an emphasized loyalty of the highest grade; loyalty to constituted authority, which is a judge’s first obligation…I know that it is also his duty to be blind to personalities and true to his conscience, in so far as that conscience dictates the rights and wrongs in litigation. I assure you, Mr. President that with God’s help I shall endeavor to live up to these requirements.” Chief Justice James A.A. Pierre Response to His Qualification, April 22, 1971, 20 LLR 734 (1971).
“I am cognizant that my gender does not diminish the duties ascribed to the Office of Chief Justice, Republic of Liberia or the expectations of judges, lawyers, party litigants, judicial personnel and other persons interacting with the Judiciary.”
Chief Justice Yuoh maintained that To the contrary, I am fully aware that with the recent change in the administration of the Supreme Court (from the Korkpor’s Bench to the Yuoh’s Bench), there are diverse expectations from all sectors of our society,including the international community, and even within the Judiciary. This means that all are interested in knowing the plans of the third female Chief Justice.
“I am positive that even as I am speaking at this very moment, some lawyers are hoping to be appointed as Relieving Judges; current judges are watching to see if this Bench will increase their salaries and benefits; employees of the Judiciary are also hoping for a raise in their salaries or to be reassigned to lucrative administrative posts; all party litigants are hoping that their cases will be decided in their favor as nobody wants to lose a case, even if their claim is unmeritorious or lack the evidence required by law.while the Fourth Estate is waiting to report a bombshell. Believe me when I say that I understand these expectations, all too well.”
I am however, particularly concerned about the grievances of the National Association of Trial Judges of Liberia in terms of salaries, allowances and benefits; I am conversant with Article 72(a) of the Constitution which clearly mandates that “…allowances and benefits paid to Justices of the Supreme Court and judges of subordinate courts may by law be increased but may not be diminished except under a national program enacted by the Legislature; nor shall such allowances and benefits be subject to taxation.”
I am also cognizant of the Judicial Financial Autonomy Act (2006), and the need to ensure strict compliance with these laws, and the debate surrounding the harmonization of the salaries of justices/judges.
I am mindful of the urgency to establish guidelines for our ethical investigating bodies, the Judicial Inquiry Commission and the Grievance and Ethics Committee;and the need to revisit the Rules of Courts.
Like every lawyer, judge or justice, I am fully conscious of the challenges facing the Judiciary and have felt and know the pinch of the diverse issues affecting this Branch of Government.
Hence, on September 29, 2022, when I took the solemn oath during my commissioning me as Chief Justice, I was challenged to uphold the solemn Constitutional duties and responsibilities associated with the Office of Chief Justice; and I am optimistic each member of the National Association of Trial Judges of Liberia shared this same experience when they were being commissioned.
They were cognizant of the existing challenges facing the Judiciary, and willingly sign up for and accepted these challenges by their solemn Oath. Notwithstanding, each and every one of us, be it a Justice of the Supreme Court, or judge of Circuit/Specialized Courts, or Magistrates, swore by holy writ, to administer justice and dispose of cases without delays or for favor.
At all times we are called on to keep in mind the wisdom described by Chief Justice A. Dash Wilson Sr. in his Opening Addressdelivered at the March Term A.D. 1968 where he admonished judges by stating that: “the position of a judge is a sacrificial one, dominated only by the observance of his sacred oath of office, patriotic loyalty to the administration in power and a conscience that guides him continuously against injudicious speculations and gamble.” Chief Justice A. Dash Wilson Sr., Opening Address, March Term A.D. 1968 19LLR 517 (1968).
Twenty Nine (29) years after these words of Chief Justice A. Dash Wilson, Chief Justice Gloria M. MusuScott, the second female Chief Justice, buttressed his words by stating that “…Justices/Judges are the main components of a properly functioning Judiciary and that a good judge will demonstrate: (i) intellectual ability, that is, the judge’s capacity to read a statute or opinion with understanding, and apply principles of law accurately to the facts; and (ii) the judge’s integrity, that is, character such that a judge’s decision is his own and not response to a bribe or to pressure from a political organization” Chief Justice Gloria Musu Scott Opening Address, October Term A.D. 1997 38LLR 687 (1997).
Let me be candid and submit here that while I hold the view that the lack of adequate support to the Judiciary is erosion to the rule of law, peace and security of the Republic, notwithstanding, these challenges should never deter us from the core duties that we, as judicial officers, have sworn to perform.
Hence, in this regard, my Colleagues on the Bench, with whom I have worked over time, have agreed in principle to foster an unprecedented consensus in tackling these challenges; we have agreed to build a strong coordination between the Supreme Court and the other two Branches of Government; we have agreed to maintain a vibrant network between the Bench and the Liberian National Bar Association; and we are resolved to implement judicial policies that will make the workings of our courts more efficient, visible, and appreciated by our citizens and residents. Paramount to all this, is our resolve to not only hear numerous cases, but to concurrently render opinions thereon timely and expeditiously.
As we set this premise, we expect that the trial judges will naturally follow our example.
My colleagues and I are in full agreement that all of these concerted efforts mentioned herein will fan the fires of hope in our people. We are mindful that this Supreme Court is the last place of hope; and as such we are resolved to reposition our courts to a judicial stature that will not only be highly respected but revered by all despite the changes of our modern society.
We will work with the Liberian National Bar Association and the Fourth Estate to develop judicial policies that will adequately explain, ‘in layman terms,’ the functions of our courts in the justice system in order to remove the clouds of misconceptions, false innuendos, and vicious criticisms that are tainting the image of the Judiciary.
Mr. Chief Justice Dossen in delivering the Opinion of the Supreme Court in the case In Re: The Constitutionality of the Act of 1914, 2LLR 157, 163 (1914), opined “…all civilized nations jealously guard the independence of their judiciary. The courts standbetween order and anarchy, facing the latter with a stern repressive frown, and extending aid and encouragement to the former…Justices/judges have to walk between the Government and the man that the Government is prosecuting–between the most powerful individual and poorest and most unpopular without taking sides…”
Let me reiterate our abiding conviction to uphold the constitutional principles of due process guaranteed to all citizens and residents alike, and our resolve to discourage the filibustering by lawyers and clients, determined to procrastinate cases in our courts through unnecessary legal technicalities just to frustrate the ends of justice.
I herewith urge judges and magistrates to attach more solemnity to the Judicial Canons, particularly Judicial Canon Five which states that “the court is the last place of hope for man on earth…”. When party litigants appear before your respective courts, they bear the anticipation, and rightfully so, that their rights will be fairly and speedily adjudicated, and that justice will prevail irrespective of the parties involved. In fact, the pursuit of justice is the very essence for the establishment of this building and its premises, named and styled the “Temple of Justice”, which is the umbrella of all courts in our jurisdiction.
At the dedication ceremony of the Temple of Justice Building on January 7, 1965, the then Attorney General, James A.A. Pierre, stated in his Address:
“In this building, now completed and being dedicated on this hallow spot, will be fought some of the greatest battles men have ever waged – battles in which the stakes will be right and wrong, honor and shame, life and death. Here has been erected a forum approachable by all for the redress of grievances. Here the color of the skin, or texture of the hair, or religious or political affiliation will find no place for special consideration. Here every litigant will be heard on the basis of the merits or demerits of his case and will be treated only as a party, be he alien or citizen, rich or poor, high or low, friend or foe.” Address of Attorney General James A.A. Pierre, Delivered on The Occasion of the Dedication of the Temple of Justice, January 7, 1965.
Finally, let me close this Address by stating that I am confident that this Bench will be steadfast in upholding the values and purposes for which the courts of this Republic were created. Let me reiterate that we willwork with the Liberian National Bar Association and the National Association of Trial Judges of Liberia to review and conclude on the draft rules for our ethical investigating bodies in order to eliminate unethical law practitioners in a swift and decisive manner rather than giving warnings in our Opinions.
Pres. Weah Others graced the occasion
The Supreme Court opening was graced by President George Weah and his wife Clar Weah, Senate Pro Temprore Albert Chie, speaker of House of Representatives, Bhofal Chambers, Vice President Jewel Howard Taylor and members of diplomatic Corps.
Article 73 Liberian Constitution:
“No judicial of official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and judicial acts done in the course of a trial in open court or in chambers, except for treason or other felonies, misdemeanor or Protection of judges’ salaries Mandatory retirement age for judges.”
Senators who rejected the nomination of Justice Yuoh are Abraham Darius Dillon of Montserrado County (LP), Jonathan Kaipay and Nyonblee Kangar Lawrence of Grand Bassa County (LP), Steve Zargo of Lofa County (LP) and Zoe Emmanuel Pennue of the ruling CDC.
Justice Yuoh is the former wife of Bomi County Senator Edwin Melvin Snowe who is said to have politically influenced her nomination due to his proximity to the President, some Lawmakers and others believe within the corridor of the Capitol Building.
Hailing from Maryland County in Southeastern Liberia, Justice Yuoh’s elevation as Chief Justice now completes the cycle of geographical domination by officials hailing from the southeastern region of Liberia.
Four of the five top five Liberian government officials in the constitutional line of succession come from the southeast—President Weah, Speaker Bohfal Chambers, Deputy Speaker Fonati Koffa, and Senate President Pro Tempore Albert Chieh.
Justice Yuoh was appointed on August 23,2022 by President Weah to head the Liberian Judiciary as Chie Francis S. Korkpor retires on September 5,2022.
After appointment by the Liberian leader, said communication was sent to the Liberian Senate for confirmation and said confirmation began on August 25-29,2022 followed by her confirmation today August 30,2022 by majority members of the Liberian senate.
On March 29,2019, former Associate Justice Kabineh Ja’neh was illegally impeached by majority votes of the Liberian senate on accusations of official misconduct and for granting a Writ of Prohibition petitioned by petroleum dealers in the country to stop the government from collecting levy/taxes of US$0.25 (road fund) imposed on the pump price of petroleum products.
Profile of Justice Yuoh
Her Honor Justice Sie-A-Nyene Gyapay Yuoh was born in Montserrado County, Republic of Liberia. She obtained her high school education and diploma from the St. Teresa’s Convent, a Catholic High School in Monrovia in 1974, thereafter which, she enrolled at the Cuttington University College (CUC), now Cuttington University (CU), in Suakoko, Bong County, in pursuit of her tertiary education where she graduated in 1978 with a Bachelor of Arts (BA) degree in Political Science.
In 1979, Justice Yuoh enrolled at the Louis Arthur Grimes School of Law, University of Liberia, where she was trained as a lawyer. In 1981, she successfully completed her law studies at this institution and obtained a Bachelor of Laws (LLB) degree and was subsequently admitted into the Liberia National Bar Association as an Attorney-At-Law. Her Honor was also admitted as Counsellor-At-Law of the Supreme Court Bar in 1988.
PUBLIC & PROFESSIONAL SERVICE
Associate Justice Sie-A-Nyene Gyapay Yuoh began her public and professional service within the Executive Branch, Republic of Liberia, first at the Ministry of Justice as an Assistant Minister for Legal Affairs from 1983 – 1985, the Ministry of Foreign Affairs as the Coordinator, African Affairs, 1988 – 1990, the Central Bank of Liberia (CBL) as Corporate Secretary/Assistant Legal Counsel/Secretary, Board of Governors of the Central Bank of Liberia (CBL) from 2000 – 2003 and lastly at the Law Reform Commission, where she served as Acting Executive Director and Commissioner respectively from July 2011 – April 2013.
Justice Yuoh also extended her professional legal services within the private sector where she served as Associate and Legal Counsel at the David A.B. Jallah Law Firm, on Johnson Street, Monrovia Liberia, from 1994 – 2000.
In 2013, Madam Justice Yuoh, was nominated, appointed and subsequently commissioned as an Associate Justice of the Supreme Court of Liberia.
PROFESSIONAL & SOCIAL AFFILIATION
Madam Justice Sie-A-Nyene G. Yuoh has proudly served as Vice President of the Liberia National Bar Association (LNBA) from 1994 – 1998; was a founding member of the Association of Female Lawyers of Liberia (AFELL) and served as its 1st Vice President from 1997 – 1998; Chairperson of the Judiciary Committee of the Liberia National Bar Association (LNBA) from 2012 – 2013 and also served as President of the Maryland County Local Bar Association in 2013.
Her Honor, Justice Yuoh is married, and she and her husband, are blessed with ten (10) children and two (2) grandchildren.