PHOTO: J. Judge Boima Kontoe
By J. Peter S. Dennis, dennisrealone@gmail.com
GBARNGA, Liberia- Many citizens in the central Bong County have intensified calls for the nomination of a prominent Judge and Counselor-At-Law, J. Boima Kontoe on the Bench of the Supreme Court Liberia, in the wake of the vacancy soon to be created on the bench.
Chief Justice Francis Korkpor is set to resign early September upon reaching the age of 70 constitutionally required to quit the Supreme Court bench, and with Tuesday’s confirmation of one of the four Associate Justices, Sie-A-Nyene G. Yuoh as the next Chief Justice.
According to the Bong County citizens, the nomination of Cllr. Kontoe will have a greater impact on the county considering his worth of experiences in the judiciary.
Mr. Lamine Konneh, a resident of Far East Community in Gbarnga has persistently phoned in on every major talk show advocating “Judge Kontoe, he’s qualified! He has served for the longest and needs to be elevated. I am kindly calling on the president [George Weah] and his good office to please appoint him as fill the position.”
BigBoy Kollie, a resident of Gbartalah in Lower Bong County feels “The county leadership should put their eggs in a basket for Judge Kontoe to be appointed by the President. We are appealing to the Legislative Caucus of Bong to see reason in making this happen.”
Esther Flomo, a mother in Gbecon, electoral district#1, Bong County echoed in the kpelleh vernacular and scripted “My son, this thing has surprised all of us! Our President is just focusing on the other counties [Southeastern]; and we have the votes here. We need that seat to that we can feel that we stood in the lines for him.”
Jonathan Devine William- an advocate in Yelequelleh district pointed out in clarity “This is not politics! Our call is in the wake of inclusion and based on Cllr. Kontoe’s qualification and worth of experiences in the Country. Mr. President, we are appealing so that you can appoint him as an associate Justice on the Supreme Court Bench.”
Both Mr. Jeremiah Macaulay and Mr. Magafred Temeh wondered why the county is being reportedly left out.
In spite of his historic and impactful judicial experiences in the Country, the Bong County citizens also feel the recommendation of Cllr. Boima Kontoe will set a new path for Bong County, since the County has reportedly been left out in terms of ministerial and ambassadorial positions under the George Manneh Weah government.
Senator Moye agrees and later criticizes Weah’s appointment
Last week, Bong County Senator Prince Kermue Moye proffered the argument for the nomination of Cllr. J. Boimah Kontoe as Associate Justice on the bench of the Supreme Court considering his worth of experiences in the Judiciary.
Senator Moye warned the government of President George Manneh Weah against centralizing appointment in his cabinet.
The Senate’s committee chair on Education recorded that similar appointments led to the civil unrest in the country thus promoting it is absolutely wrong.
He explained that appointing Ministers and Associate Justices including Chief Justice of the Supreme Court of Liberia from the Southeast while leaving other counties including Bong out is a recipe for chaos.
He clarified that, he’s not against recently nominated Sie-A-Nyene Yuoh as Chief Justice of Liberia to replace retiring Chief Justice Cllr. Francis S. Korkpor, Sr. but President Weah should focus on other counties to scout qualified individuals to ensure inclusion since he was overwhelmingly elected by Liberians for proper leadership, and not for a few.
Currently, Cllr. Boima Kontoe is the most senior resident judge assigned at the ninth judicial circuit court in Gbarnga, Bong County.
2018 Ad-Hoc committee and Constitutionality
Cllr. Boima Kontoe was previously selected in 2018 by President George Manneh Weah on a constitutional backed Ad-Hoc committee to probe impeached Associate Justice Cllr. Kabineh M. Ja’neh.
The President acted based on Article 67 of the constitution of Liberia.
Article 67 of the Liberian Constitution says “The Supreme Court shall comprise of one Chief Justice and four Associate Justices, a majority of whom shall be deemed competent to transact the business of the Court. If a quorum is not obtained to enable the Court to hear any case, a circuit judge in the order of seniority shall sit as an ad hoc justice of the Supreme Court.”
Also Section 2.8 regarding reconstitution of quorum by ad hoc appointments under the Judiciary Law ‘Title 17’ of Liberian Code of Laws Revised approved May 10, 1972 and published June 20, 1972 says when more than two Justices of the Supreme Court cannot sit on a pending case, the Chief Justice shall direct the Clerk of the Court to notify the President.
According to this provision in the statute quoted, the president shall make ad hoc appointments to reconstitute a quorum from among the judges of the circuit courts.
President Weah’s recent nomination
Recently, President Weah, amongst other nominations, designated Associate Justice Sie-A-Nyene G. Yuoh as Chief Justice designate of the Republic of Liberia as Justice Cllr. Francis S. Korkpor Sr. goes into retirement this September.
Her nomination opens another room as her current Associate Justice Position is expected to be vacant after facing the senate’s judicial committee over the weekend for approval.
The Senate’s Judiciary committee, under its rules, will officially communicate her findings to Plenary to vote in confirmation or rejection shortly.
This Paper has not obtained additional information on her confirmation.
The Judiciary Inquiry Commission
Cllr. Boimah Kontoe was one of the members on the Judiciary Inquiry Commission (JIC) that affixed its signatures of recommendations on Mr. Brosius VS Judge Morgan case.
Some of the members that fixed their respective signatures on the JIC’s recommendation were; Associate Justice Yussif Kaba, also chairman, Judge J Boima Kontoe, Judge James Jones, Sister Mary Laurene Browne, Emmanuel Bowier (deceased) and Counselor Jura Lynch of the Liberia National Bar Association (LNBA).
The JIC’s recommendation was necessitated when Brosius accused Judge Morgan and her court of issuing an illegal order to the management of the Liberia Bank for Development and Investment (LBDI), to unfreeze the escrow account of Ducor Petroleum Incorporated that was housed at the bank.
The order, Brosius claimed, gave his adversary party, the Monrovia Oil Trading Company (MOTC) and Judge Morgan the opportunity to withdraw the amount of US$3.3 out of the disputed Ducor Petroleum’s escrow account at the LBDI, which the JIC’s recommendation held Morgan liable. The JIC’s findings were challenged by Morgan and the matter was argued. However, the Supreme Court reserved its opinion on the matter.
In their April 2021 decision, the majority of members of the JIC recommended to the Supreme Court to suspend Judge Morgan for a period of one year without pay and benefits. They also said Judge Morgan was in clear violation of the fundamental rights of Brosius, the 1986 Constitution, the status and Judicial Canon of the Republic of Liberia, in a manner and form so egregious, reckless, callous without remorse.
Judiciary Inquiry Commission (JIC) is the arm of the Supreme Court that is responsible for the investigation of alleged unethical conduct of judges.
International Judicial Academy
In late February of 2008, His Honor Cllr. Boima Kontoe along with Hon. Kabbineh Ja’neh, an Associate Justice on the Supreme Court of Liberia and Cllr. Oswald Tweh, President of the Liberian National Bar Association, met Dr. James Apple- President of the International Judicial Academy (IJA) at the Academy’s Office in Washington, D.C. where the three members of the Steering Committee for the Liberian judicial training center discussed judicial training mechanisms and the steps that must be taken to establish a judicial training program.
The Liberian Judicial Training Institute is formally known as The James A. A. Pierre Judicial Institute (JAAP JI). It is named after James A.A. Pierre, a former Attorney General and Chief Justice of the Supreme Court of Liberia.
The opening ceremony of the Institute on June 17, 2008 drew many distinguished guests. Her Excellency Madam Ellen Johnson-Sirleaf, President of the Republic of Liberia, officially launched the JAAP JI and inducted the Board of Governors. All of the Justices of the Supreme Court of Liberia attended the ceremony, including Chief Justice Johnnie N. Lewis who gave the opening address.