Monrovia, Liberia – The nomination of Justice Minister Frank Musa Dean, who was recently nominated by President Weah to replace Associate Justice Joseph N. Nagbe, who is seeking an early retirement due to health concerns prior to the statutory retirement period, has been placed under a stay order by Justice in Chambers Jamesetta Wolokolie.
In a letter dated December 21, 2023, Justice Nagbe requested an early retirement from the Supreme Court Bench to Chief Justice Sie-A Nyene G. Yuoh.
This was the message given by Justice Nagbe. “I present my compliments and by this communication request for an early retirement from the Supreme Court Bench of the Republic of Liberia, if you can recall your Honour, I have been out of the badwick of Liberia for eight months to seek medical attention for my health, but it has now become evident that the healing process to my recovery will take a longer period than expected and therefore cannot allow my physical presence in the Chambers of the Honourable Supreme Court of Liberia in the soonest, hence my request for an early retirement.”
The Unity Party (UP), acting via its leadership, filed a petition for a writ of prohibition on the confirmation hearing of Cllr. Dean, scheduled to take place in the Liberian Senate on January 4, 2024. This motion prompted Justice Wolokolie to issue a stay order.
The Liberian Senate, through President Jewel Howard Taylor, President Pro Tempore Albert T. Chief, the whole Senate leadership, and Attorney General and Minister of Justice Cllr. Frank Musa Dean, who must be confirmed by the Liberian Senate, issued the stay order.
The petitioner (UP) requested the Justice in Chamber, Wolokolie, to issue a writ of prohibition against the respondents, the Liberian Senate, forbidding, enjoining, and restraint them from confirming Cllr. Dean as Associate Justice of the Supreme Court of Liberia for both factual and legal reasons. The petition was filed in sixteen (16) counts.
According to count four of the petition, on December 18, 2023, President Weah issued and published a directive, ordering the freeze on employment, borrowings, payment of any amount beyond ten thousand United States dollars (US$10,000.00) noting that President Weah is in violation of said order; that is executive order 123 that was issued on November 21, 2023.
They further argued that President Weah on December on 26, 2023, about 26 days to the inauguration of President-Elect Joseph N. Boakai nominated Cllr. Dean as Associate Justice of the Supreme Court of Liberia, to replace Associate Justice Joseph N. Nagbe who had requested early retirement through a letter to the Chief Justice.
The petitioner contended that the 1986 Constitution does not provide for the current President to appoint an Associate Justice of the Supreme Court of Liberia after losing the presidential election and forming a transitional team to facilitate a smooth handoff to the President-Elect. It is true that Article 54(C) of the Constitution grants the President the authority to nominate and, with the Senate’s approval, appoint Chief Justice and Associate Justices of the Supreme Court of Liberia.
The petitioner claimed that President Weah’s nomination of an Associate Justice following a ban on hiring new staff members returns to the argument that an Associate Justice would violate and subvert Article 1 of the 1986 constitution.
According to the petitioner, Justice Nagbe’s December 21, 2023 letter to Chief Justice Sie-A Nyene G. Yuoh requesting an early retirement due to health reasons does not, by itself, constitute retirement or create a vacancy on the Supreme Court Bench. As a result, the petitioner claims that Cllr. Dean shouldn’t have been nominated to fill a position that is not open.
Judge Jamesetta Wolokolie was asked by the petitioner to issue a writ of prohibition to prevent, restrain, and enjoin the Liberian Senate from conducting and confirming Councillor Dean as Associate Justice of the Supreme Court of Liberia. This was done in light of the allegations made in counts nine to ten of the petition and the provisions of the constitution.
In order to proceed with a hearing, the respondents the Liberia Senate, represented by legal counsel, and Councilman Dean must file their returns by January 9, 2024.
Reported by: Watson G. Richards
Contact: +231880381808
