From UP’s Case About Weah’s Nomination Of Justice Min. Musa Dean As Associate Justice
PHOTO: Chief Justice Sie-A-Nyene G. Yuoh
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The incoming ruling Unity Party (UP) of President-elect Joseph Boakai has filed a petition before the Supreme Court to have Chief Justice Sie-A-Nyene G. Yuoh recused herself from the process.
This request to the court came just a day to hearing of a stay order imposed on the confirmation of Associate Justice Nominee Frank Musa Dean. Eventually, the 54th Senate has now closed, awaiting its formal dissolution next Monday, followed by the opening of the 55th Senate the same day.
UP’s request was contained in to a motion for recusal filed on January 8,2024, which said hearing is scheduled for January 9,2024.
The Chief Justice had on December 27,2023 written a letter to President George Weah explaining a request of one her colleagues Associate Justice Joseph N. Nagbe for an early retirement from the Supreme Court Bench.
Justice Nagbe has earlier requested for retirement based on his poor health. However, in the Chief Justice letter she informed President Weah that the retirement of Justice Nagbe automatically creates a vacancy on the Supreme Court and Judicial Canon two which provides that in the event of any seat of honor on the Supreme Court becoming vacant same shall remains vacant until the vacancy is filled by appointment and such appointee is commissioned and ceremonially seated.
She further argued that her request found precedent in the case of the late Chief Justice Jonny Lewis who according to her for reason of poor health was retired before the age of seventy.
However, in the Unity Party request, they argued that Justice Yuoh advising President Weah to grant the request of Justice Nagbe for early retirement and to invoke Article 68 of the 1986 Constitution of Liberia to have Nagbe replaced touches and delves into the merit of their petition for a writ of prohibition.
“In consequences of which justice Yuoh is legally disqualified from participating in the determination of the petition out of which the motion for petition grew the UP lawyers argued.
According to the UP motion, Justice Yuoh’s alleged advisory letter to the President in respect of the request made by Justice Nagbe is a violation of the separation of powers doctrine as enshrined in the 1986 Constitution of Liberia.
“This Motion is made in good faith and not intended to delay and baffle Justice and therefore Justice Yuoh should recuse herself from sitting and participating in the determination of the petition for the writ of prohibition.
They further argued that Section 21.1 of the Executive law of Liberia creates and established within the Executive Branch of government, the Ministry of Justice which is headed by the Minister of Justice to be appointed by the president by and with the advice and consent of the Senate; while Section 22.2 listed the duties of the Minister of Justice among which at Section 22.2(c) specifically confers on the Minister of Justice the duty to furnish opinions as to legal matters and render services requiring legal skills to the President and other agency of the Executive Branch of government.
But the UP lawyers claimed that Co-respondent’s (Chief Justice Yuoh’s) letter is a legal opinion on a legal matter which is a usurpation of the function by her of the duties solely dedicated and conferred by law on the Minister of Justice.