By: Frank P. Martin
MONROVIA: Amid controversy over the confirmation of Associate Justice Designate, Cllr. Frank Musah Dean, the Chief Justice of the Supreme Court of Liberia, Her Honor, Sie-A-Nyene Youh, has clarified that Associate Justice Joseph Nagbe has requested for early retirement.
The Chief Justice also disclosed that Justice Nagbe’s request for early retirement was subsequently accepted by President George Manneh Weah.
According to Chief Justice Sie-A-Nyene Youh, the acceptance of Justice Nagbe’s request by the President of Liberia, George Manneh Weah, indicates that there is “a vacancy on the Supreme Court Bench.”
In a response communication, dated December 30, 2023, a copy which is obtained by The INDEPENDENT Newspaper, to President George Manneh Weah following an earlier communication from the Liberia leader seeking clarity on his recent appointment of Justice Minister Cllr. Frank Musah Dean, as Associate Justice, Chief Justice Sie-A-Nyene Youh, proffered that Justice Nagbe’s request for retirement for reasons of “ill health” is within the pale of the law, which grants an Associate Justice of the Supreme Court the right to honorably retire to private life, and that it finds precedent in the case of the Late Chief Justice, Johnnie N. Lewis, who for reason of poor health, was retired before the age of seventy (70).
Justice Youh explained to President Weah that retirement of Justice Nagbe “automatically creates a vacancy” on the Supreme Court Bench, and Judicial Canon Two provides that in the event of any seat of honor on the Supreme Court Bench becoming vacant, same shall remain vacant until the vacancy is filled by appointment and such appointee is commissioned and ceremoniously seated.
“Moreover, Article 68 of the Constitution (1986) provides that “the Chief Justice and Associate Justices of the Supreme Court shall, with the consent of the Senate, be appointed and commissioned by the president,” the Chief Justice further clarified.
“In view of the above, and in order to maintain the Constitution of the full membership of the Bench in accordance with the Constitution, I advise that the request of Justice Nagbe be granted, and Article 68 of the Constitution be invoked,” Chief Justice Sie-A-Nyene Youh further said.
In the Chief Justice’s communication to President Weah, she added that Justice Nagbe’s long absence from the Court hindered the Court in the disposition of many cases, due to the lack of quorum when Justices mandatorily had to rescue themselves from the hearing and determination of cases in which they participated while serving as circuit judges, Justices in Chambers or legal counsel prior to their ascendancy to the Supreme Court Bench.
Recently, outgoing President George Manneh Weah nominated current Justice Minister, Cllr. Frank Musah Dean, to serve as an Associate Justice of the Supreme Court of Liberia, sparking controversies in several quarters, especially with less than two months for his (Weah’s) administration to expire.
In a letter, dated 26, December 2023, President Weah informed Senate President Pro-Tempore Albert Chie about the appointment.
Once confirmed, Cllr. Dean will replace, Justice Joseph N. Nagbe who requested for early retirement due to medical reasons.
Cllr. Nagbe was appointed to the Supreme Court Bench by President Weah, while he served as Senator of Sinoe County after 17-year in the Legislature.