Liberia: UP Accuses Chief Justice of Partiality

The Unity Party (UP) has raised concerns about Chief Justice Sie-A-Nyene Yuoh’s ability to remain impartial in the determination of the petition for prohibition filed against Cllr. Frank Musah Dean, whom President George Weah recently nominated to fill a void left on the Supreme Court Bench.

Dean’s nomination by the President was precipitated by Associate Justice Joseph N. Nagbe’s request for early retirement because of poor health, but the nomination has since sparked mixed reactions among Liberians, many of whom believe that Weah’s action comes with an ulterior motive.

In a Motion for Recusal filed on January 8, 2024, the soon-to-be ruling Unity Party has requested that Justice Yuoh recuse herself from presiding over and participating in the case. The basis for the UP’s request is a letter dated December 27, 2023, in which Justice Yuoh informed President Weah of Justice Nagbe’s early retirement request because of ill health.

Some legal observers and UP stalwarts believe that the Chief Justice’s letter to President Weah concerning Nagbe’s early retirement violates the separation of powers doctrine as enshrined in the 1986 Constitution.

The call for Youh’s recusal is the latest test of the court’s recently released Judiciary Law, particularly Section 2.7, which, among others, talks of the disqualification of a Justice of the Supreme Court from sitting on any case in which he or she is interested or has made a ruling as a Justice presiding in Chambers in connection with an application for a remedial or extraordinary writ or in which he or she sat while a judge of a lower court.

Justice Yuoh, on December 27,  2023, wrote President Weah, informing the president of a letter dated December 21, 2023, under the signature of Associate Justice Joseph N. Nagbe, in which he requested an early retirement from the Supreme Court.

Justice Nagbe explained that the reason for his request is based on the fact that he has remained without the bailiwick of the Republic of Liberia for an extended period of eight (8) months, seeking medical attention for ill health, and that it is evident that his recovery process will continue for a long period, thus inhibiting his work on the court.

“This finds precedent in the case of the late Chief Justice Johnnie N. Lewis, who, for reasons of poor health, was retired before the age of 70,” Youh’s letter to Weah said. 

However, Justice Yuoh stated that Justice Nagbe’s request is within the scope of the law, which allows Supreme Court Justices to retire honorably for health reasons. She also referenced Article 68 of the Constitution, which outlines the appointment process for Chief Justices and Associate Justices of the Supreme Court.

Article 68 states, “The Chief Justice and Associate Justices of the Supreme Court shall, with the consent of the Senate, be appointed and commissioned by the President.”

However, the UP argues that Justice Yuoh’s expression of an opinion on the case in her letter disqualifies her from participating in the determination of the petition.

They also argued that Section 21.1 of the Executive law creates and establishes within the Executive Branch of the Government the Ministry of Justice, which is headed by the Minister of Justice to be appointed by the President and with the advice and consent of the Senate; In contrast, Section 22.2 listed the duties of the minister of justice, specifically conferring on the minister to furnish an opinion as to legal matters and render services requiring legal skills to the president and other agencies of the Executive Branch of the Government.

They also claim that her letter infringes on the separation of powers doctrine, as it encroaches on the duty of the Ministry of Justice to provide legal opinions to the President and other executive agencies.

“Her advisory letter to the President regarding the request made by Justice Nagbe violates the separation of power doctrine as enshrined in Article 3 of the Constitution, and she [should recuse] herself from sitting and participating in the determination of the petition for prohibition,” the writ noted.

The decision on whether to recuse herself rests with Justice Yuoh, and it remains to be seen how the Full Bench of the Supreme Court will handle the UP’s request. The scheduled hearing for the petition is today, and the outcome of the motion for recusal is awaited. In the event that the Full Bench should hear the matter and, should Justice Yuoh recuse herself, the full bench could lack a quorum to hear the matter, since Justice Nagbe would also necessarily recuse himself, and possibly Justice Wolokollie, who granted the initial stay order. This leaves only two justices — Gbeisaye and Kaba.