Liberia: Chief Justice Yuoh Warns Judges Against Meddling with Politics

Chief Justice Sie-A-Nyene Yuoh has sternly warned judges across the country to abstain from political activities or risk violating the judicial canon. 

The Chief Justice’s reminder comes as the sanctity of the judiciary’s role in upholding the rule of law and preserving democracy has become paramount, especially with presidential and legislative elections just a few days away. 

Addressing a Conference on Electoral Integrity Yuoh made it clear that the judiciary's primary duty is to uphold the law and deliver justice, free from any political influence or agenda.

“Judicial Canon 37 says that ‘while a judge is entitled to entertain his personal view of political questions, and while not required to surrender his rights or opinion as a citizen, it is inevitable that suspicion of being warped by political bias will attach to a judge who becomes an active member of a political party and a promoter of its interests against another, especially those of our judges of the highest courts who, by Constitutional command, are empowered to review,” Yuoh said.

Yuoh made the call during the opening of the three day High-Level National Conference on Electoral Integrity, held in the theater of the Ellen Johnson Sirleaf Ministerial Complex.

The conference, which began on Tuesday, September 26, is being conducted by the Peacebuilding Office Liberia and will end today, September 28.

She said the Supreme Court and all subordinate courts, which are part of the Judicial Branch of government, are apolitical since judges are strictly prohibited from engaging in any political activities.

She made reference furthermore to Article 77 through Article 84 of the Liberian Constitution, in which the supreme law confers on the Supreme Court the power to review and finally determine electoral issues and disputes under a multiparty system; such issues as protest against membership in political parties, denial of registration of political parties, elections contest, appeals from violations of elections law, among others.

She noted that it would therefore be embarrassing to the judges of the Supreme Court upon a review and determination of issues involving political parties if they are members of political parties, too.

“It is therefore important that, while a Justice of the Supreme Court of Liberia is entitled to entertain his personal view of political matters, and while he is not required by the Statutory Laws to surrender his rights as a citizen, it would however be in his best interest and for the public good that, upon his appointment to that Bench of honor, even as a Judge, Magistrate, or Justice of the Peace, that he publicly resigns his political affiliation with whatever political party of which he was a member prior to his appointment.”

With less than two weeks until the much anticipated October 10 Legislative and Presidential Elections and, like many other elections in the past, the Supreme Court might have a number of election cases to look into following elections dispute hearings done by the hearing officers of the National Elections Commission and the Board of Commissioners of the Electoral Body.

Yuoh told her audience that Judicial Canon 37 explicitly describes the cool neutrality of the Supreme Court during elections and she will not disappoint the expectations of the Liberian people as she has the authority, aided by her fellow Justices, to serve justice without fear or favor.

“The Court must demonstrate its Judicial independence by being unattached, unmoved, and completely indifferent towards political canvassing, parades, maneuvering, and other pageantries that are employed by candidates and their sympathizers to show off their numerical strength and popularity,” she said, adding that the Supreme Court’s neutrality requires that elections cases must be decided only by strong and convincing evidence and not political ideologies, crowds or the recently created political slang of “strong-hold.” 

Speaking of “Political Stronghold,” Madam Yuoh noted that the Supreme Court has opined that “The concept of a candidate claiming “stronghold” over a particular election geographical locale, finds no factual or legal basis in judicial proceedings as it is completely doubtful, uncertain, and speculative in that only the electorates via their valid votes cast can determine whether or not a candidate is widely influential within a particular locale.

She said “because within our jurisdiction, voting during elections is done by secret ballot,” making reference to the cases involving Liberia Reconstruction Party v. NEC in which the Supreme Court’s Opinion of October Term A.D. 2011; Koah v. Domah and NEC, Supreme Court Opinion of October Term A.D 2017 as well as the Collaborating Political Parties v. NEC, Supreme Court’s Opinion of October Term A.D. 2010 as her reliance.

She admonished all political candidates and their sympathizers to adhere to the rule of law in order to resolve elections disputes through the means provided by the Constitution, the New Elections Law, and the Regulations Promulgated by the National Elections Commission, rather than resorting to violence, threats of violence, street protests, vandalism and other civil unrest.

Justice Yuoh assured that the highest Court is fortified to hear all elections cases and will not render any decision as a result of being bullied, coerced or threatened by anyone.

She warned all lawyers who will be pleading their clients’ cases to desist from imposing strange and unknown procedures not sanctioned by law as means of testing their personal legal hypothesis, thus, filibustering the ends of justice, noting further that lawyers should desist from procedural ploys only intended to waste the Court’s time and resources.

She promised that punitive actions will be taken against lawyers who violate judicial procedures.

Justice Minister, Frank Musah Dean, was also at the opening ceremonies of the high-level national conference on electoral integrity and at the occasion he reminded his audience that 33 years ago, Liberians were at each other’s throats and locked in an intractable civil war. 

“The search for peace would take us to many capitals, expending enormous resources, the bulk of which came from the International Community, both regional and global. Today we can boast of durable peace,” Minister Dean said.

He said the lasting tribute and gratitude Liberia can pay to the International Community is to demonstrate consolidated peace through peaceful, fair and democratic and credible elections.

He said while these upcoming Presidential elections are special because they are being conducted by NEC without the direct involvement of the International Community, it will be gratifying for Liberia to prove its strong ownership of the process.

“The Government has funded 90 percent of the elections’ budget and the remaining 10 percent is forthcoming and will timely be provided. Our task at the Ministry of Justice as head of joint security is to provide security for the elections. The joint security is fully prepared to ensure that the process is peaceful, Cllr. Dean assured the audience.

He called on all, including politicians and nonpolitical actors to trust the joint security and collaborate for the peaceful conduct of the polls.