Monrovia, Liberia – Associate Justice Yamie Quiqui Gbeisay has been proposed by President Joseph Nyuma Boakai to be the next Chief Justice of the Supreme Court of Liberia, making this his most significant political appointment. Chief Justice Sie-A-Nyene Yuoh is anticipated to retire this year, and Gbeisay would take over if the Liberian Senate confirms his appointment.
However, Gbeisay will be 70 years old, the statutory retirement age, in less than four years, which is far ahead of the 2029 presidential election. That particular detail has drawn attention about the President’s long-term goals for the Court and the message this appointment conveys in Liberia legal and political circles.
The Supreme Court judges must retire at the age of 70, according Article 72(b) of the Liberian Constitution. The constitution requires Gbeisay, who was born on May 3, 1959, to resign by May 2029. As a result, his tenure as Chief Justice would, at most, last one election cycle, during which time the Court will probably be asked to resolve important cases, such as appeals of the 2029 presidential outcome.
The nomination was made by President Boakai in accordance with Article 54(c) of the Constitution, which gives the President the power to name judges. Boakai commended Gbeisay as a “distinguished jurist” with “exemplary integrity, profound legal acumen, and commitment to upholding the rule of law” in his official letter to the Senate.
The nomination itself is legal, but its timing and ramifications seem out of the ordinary. Gbeisay is not just any sitting justice; he is the result of two consecutive presidential appointments: in 2022, he was appointed Associate Justice by George Weah after serving as a relieving judge under former President Ellen Johnson Sirleaf. He might now become the head of the highest bench of the judiciary under Boakai, although for a brief period.
This trend highlights Gbeisay’s acknowledged judicial ability and political flexibility, spanning three administrations. However, it also suggests a possible calculated move on the part of Boakai to appoint a Chief Justice who would retire prior to the next presidential election, thereby removing them from the bench to decide on any electoral issues that may impact Boakai’s record or replacement.
In a sense, the nomination puts a stop to future developments. By appointing a Chief Justice for a brief term, President Boakai may be buying time, preventing a full-scale political conflict that may break out over a longer-term nomination and providing room to reshape the Court soon.
With this strategy, Boakai maintains options and may be able to designate a more durable successor if the political situation becomes more apparent. By avoiding other strong contenders, it could also enable him to control internal divisions within his Unity Party and the larger government coalition for the time being.
Critics caution that this action may potentially subject the judiciary to more politicization. The political scheming may only get more intense as Boakai is certain to appoint Chief Justice again before the end of his first term. Viewing every vacancy through the prism of party benefit might make judicial independence always a precarious concept in Liberia even more worse.
For Justice Gbeisay, disagreements and legal disputes are nothing new. In what was perhaps his most recent and well-known decision, he split from his fellow justices of the Supreme Court earlier this year on the speakership issue. In a single dissent, Gbeisay argued that the Executive’s determination to pass the national budget through the contested “Majority Bloc” of the House of Representatives rather than through Speaker J. Fonati Koffa, who was elected by the constitution, was justified by the need to preserve governmental function.
That disagreement was criticized by legal purists, but Gbeisay could have been discreetly commended by the Executive Branch for it. In the midst of a constitutional crisis, he decided to put expediency ahead of procedure, which was highly aligned with the objectives of the Boakai government.
According to his supporters, this shows judicial maturity and a deep understanding of governance. Critics see it as a sign of political pliancy at a time when the Court’s independence is under scrutiny. It may have aided Gbeisay’s advancement and, in any event, enhanced his reputation as a tough, no-nonsense attorney who wasn’t afraid to take controversial positions.
If elected, Gbeisay will become just the second Chief Justice from Nimba County, one of the most powerful and politically influential regions in the country. The nomination is expected to be important for the next national elections, and it may allow President Boakai to fortify political links in the area.