Liberia: Cllr. Barbu for Supreme Court?

Cllr. Jallah Barbu is reportedly poised to be named Associate Justice of the Supreme Court, replacing the late Jospeh N. Nagbe 

Boakai reportedly poised to name Barbu as late Justice Nagbe’s replacement

Following the passing of Associate Justice Joseph N. Nagbe, a seat on the Supreme Court bench is now vacant, prompting President Joseph Nyuma Boakai to consider potential candidates for the position. The President’s appointment must be confirmed by the Senate, as the Supreme Court is the highest in Liberia.

Since assuming office in January 2024 after winning the 2023 elections, President Boakai is in the process of selecting a replacement for Justice Nagbe, who passed away recently in Ghana.

One potential nominee reportedly under consideration for the role is Cllr. Dr. Jallah A. Barbu is a distinguished constitutional lawyer. Barbu currently serves as Dean of the Louis Arthur Grimes School of Law at the University of Liberia and holds senior positions in legal consultancy.

Sources privy to the ongoing vetting process within the Executive Mansion told the Daily Observer that Barbu is being highly considered and that he sits at the top of the potential candidates.

“He is highly regarded in the legal profession and this is resonating within the corridors of the Executive mansion,” a top source said. “Many people think he will make a better Associate Justice. He comes with a wealth of knowledge of the law, has integrity, and is highly regarded among his peers.”

The source added that the shortlisted candidates, less than five, also contained a female candidate. “Though all of them are top lawyers in the country, Barbu is the standout candidate. Next to him is a female candidate whose name I cannot disclose to you,” another source noted.

He has extensive legal expertise, having been admitted to the Supreme Court Bar in 2006. His impressive educational background includes a Doctorate and Master's degree in Constitutional Law from Indiana University Maurer School of Law, as well as a Bachelor of Law from the University of Liberia.

Barbu has held various significant legal roles, including serving as Chairman of the Law Reform Commission under President Ellen Johnson-Sirleaf. He has provided legal counsel to high-ranking government officials and has been involved in legal reviews for the Supreme Court.

President Boakai has expressed concerns about the efficiency and public trust in the justice system and has highlighted the importance of ensuring that the Supreme Court upholds justice for all individuals.

When he delivered the State of Nation Address, President Boakai alluded to the country’s justice system as one that protects those believed to be guilty under the laws. "Our justice system, which is meant to protect the innocent and punish the guilty, has been marred by inefficiency, corruption, and lack of public trust,” Boakai noted.

If eventually appointed by the President, the choice of Barbu will not go well with trial judges in the country. The Judges have been demanding exclusive rights to Supreme Court Bench nominations.

They express their desire to be considered for nomination to the high court Bench. This comes as President Joseph Boakai prepares to nominate a replacement for the deceased Nagbe. The judges have been exploring every opportunity to have one of them occupy the post.

The National Association of Trial Judges of Liberia (NATJL) made their intentions clear when they, on Tuesday, February 13, attempted to involve Chief Justice Sie-A-Nyene Yuoh in their plans.

However, Justice Yuoh firmly and openly corrected the judges, terming their plans as circumventing the 1986 Constitution, which gives the President of the Republic of Liberia the exclusive authority to nominate a Supreme Court justice.

During the opening of the February 2024 Term of the Criminal Courts A, B, C, D, and E, Justice Yuoh openly criticized the judges’ proposal, stating that it would contradict the provisions of the 1986 Constitution.

The Constitution grants the exclusive authority to the President to nominate justices, judges, and magistrates to the Supreme Court Bench.

Meanwhile, Barbu, the man at the top of Boakai’s list, currently serves as a senior fellow of the Center for Constitutional Democracy at Indiana University Maurer School of Law, Bloomington, Indiana, USA. 

He was admitted as Counselor-At-Law as a member of the Bar of the Supreme Court of Liberia in 2006.

Since 2018, he has served as Executive Director at the Institute for Constitutional Research, Policy & Strategic Development.

In 2011, Barbu was appointed by President Ellen Johnson-Sireleaf as Chairman of the Law Reform Commission.

Barbu has provided significant legal advice over more than ten years to the offices of the President and Vice President of Liberia, to the Liberian Legislature, mainly the Speaker and President Pro-Tempore; and has been selected as amicus curiae by the Honorable Supreme Court in several cases.

Barbu is currently serving as a member of the Review Committee appointed by the Honorable Supreme Court undertaking a review of the Rules of Procedures in Court and Code of Moral and Professional Ethics and the Judicial Canons Governing Lawyers and Judges, respectively.