Liberia: “I’m Not Seeking Supreme Court Job”

Cllr. Jallah A. Barbu, a potential nominee reportedly under consideration to replace the late former Associate Justice of the Supreme Court, Joseph N. Nagbe, has categorically refuted accusations that he is lobbying for the post.

Addressing journalists at the Temple of Justice housing the Supreme Court, Cllr. Barbu said to his critics that he is qualified to serve in any position within the government if President Joseph Boakai desires him.

“So, it is not about me lobbying. I will never do that — lobby for a job,” Barbu declared. “I will not solicit a job anywhere. I will not do that. So that’s it.” 

According to him, it is not the first time that his name has appeared in the newspapers regarding him being nominated for the Supreme Court. 

“And I have not paid any attention to it,” he told his critics.

Barbu said he is prepared to serve under Joseph Boakai’s administration, only if the president desires.

“I can serve anywhere if the president desires. I am ready to help the government and the country if the president believes that I will do better,” he said to his critics.

Barbu clarified that at no time did anyone or President Boakai ever approach him about replacing his best friend, the late Nagbe, on the Supreme Court bench. “I don’t know whether I will be nominated. Nobody has told me anything.”

According to Barbu, it was some of his friends who read the newspapers and some who had listened to the radio gave him the news.

“I have heard rumors, calls from people telling me that they saw my name in the newspaper and brought the information to me,” he added.

“I have been wondering what people would bring to my attention. It is only the President who can nominate who he prefers to appoint,” Barbu said to his critics. Prior to Barbu’s clarification of the newspaper article, the National Association of Trial Judges and Chief Justice Sie-A-Nyene Yuoh had been in a war of words regarding exclusive rights for only judges to be nominated to the Supreme Court, if a future vacancy were to be there, ad a result of retirement of death.

Interestingly, the judges were attempting to compel the Chief Justice to circumvent the constitutional provision that gives exclusive authority to the President to nominate anyone of his choice to positions within the judiciary.

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 1986 Constitution.

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

Meanwhile, Barbu, who is presumed to be 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.