Monrovia – The President of the Liberia Nationwide Bar Affiliation (LNBA), Cllr. Bornor M. Varmah, has issued a collection of agency and detailed suggestions aimed toward stopping what he described as a doubtlessly avoidable constitutional and institutional disaster within the ongoing transition course of on the Supreme Court docket.
By Selma Lomax | [email protected]
Cllr. Varmah, in a authorized opinion shared throughout current engagements with stakeholders within the authorized group, urged all events concerned within the transition of the Chief Justice publish to stick strictly to constitutional timelines, notably concerning the idea of workplace by way of the oath of workplace.
He cautioned that whereas the nomination and affirmation of the incoming Chief Justice have been executed consistent with Article 54(c) of the Liberian Structure, probably the most important part — the idea of workplace — should not be mishandled.
In response to Article 68, a Justice doesn’t formally enter workplace till she or he has taken and subscribed to an oath. Subsequently, administering that oath earlier than the present Chief Justice vacates workplace, Cllr. Varmah pressured, could be not solely irregular however constitutionally impermissible.
“The Structure supplies a transparent authorized framework that governs judicial appointments and transitions,” Cllr. Varmah defined. “Commissioning the brand new Chief Justice is a procedural step, but it surely doesn’t sign the beginning of tenure. Solely the oath, taken after a authorized emptiness exists, permits for assumption of workplace. Any try and shortcut that course of undermines the legitimacy of the nation’s highest courtroom,” he stated.
Cllr. Varmah urged that the incoming Chief Justice should not take the oath of workplace or carry out any judicial duties earlier than August 15, the retirement date of the incumbent Chief Justice. He emphasised that the nation’s democracy and judicial integrity hinge on this element being revered with out exception.
To keep away from missteps, Cllr. Varmah known as on the Government Mansion, the Judiciary, and different related authorities to coordinate intently and talk the transition timeline transparently to the Liberian individuals. In his view, sustaining public belief within the judiciary calls for readability, openness, and an unwavering dedication to the rule of legislation.
“It is a pivotal second,” he stated. “The judiciary is the guardian of constitutional order, and it should lead by instance. The way by which we deal with this transition will replicate our dedication to legality and institutional maturity,” he added.
Cllr. Varmah additionally warned of the dangers posed by any overlap within the tenure of two Chief Justices, describing it as a possible constitutional disaster with far-reaching implications. In such a case, he defined, questions would come up about which Chief Justice is legally licensed to preside over courtroom proceedings, signal administrative orders, or render judicial selections.
“This,” he stated, might throw the credibility of the Supreme Court docket into disrepute and open the door to authorized challenges towards its rulings.
“The legitimacy of each Supreme Court docket choice depends on the authority of the presiding Chief Justice. If there may be uncertainty or a constitutional defect in that authority, the integrity of the selections themselves may very well be challenged. That may be a danger we can’t afford,” he added.
Cllr. Varmah’s suggestions have been grounded in Liberia’s constitutional provisions and supported by longstanding judicial custom. Traditionally, Liberia has adhered to the precept that no justice, no matter prior affirmation or commissioning, could assume workplace till the seat is formally vacated by way of retirement, resignation, or removing. He emphasised that even ceremonial eagerness should yield to authorized protocol.
He really useful that the oath have to be administered solely after the incumbent Chief Justice formally retires on August 15. Any try, he stated, to manage the oath earlier could be a constitutional breach. He additionally suggested that the Workplace of the President, in collaboration with the Judiciary and the Ministry of Data, ought to launch clear and correct public communication detailing the transition timeline and authorized framework.
This, he stated, would cut back hypothesis, rumors, and the chance of political manipulation.
“Moreover, till the incumbent Chief Justice formally steps down, the incoming Chief Justice should chorus from partaking in any judicial or administrative capabilities related to the workplace. This contains presiding over circumstances, issuing directives, or occupying judicial chambers designated for the Chief Justice,” he stated.
He urged members of the Bar, civil society organizations, and the worldwide authorized group to observe the method intently and to talk out in favor of constitutional compliance.
“Liberia has made super strides in rebuilding its establishments after years of civil battle. This isn’t the time to slide into procedural shortcuts or political expediency. Our courts should lead with integrity, and that begins with a lawful, clear transition,” Cllr. Varmah concluded.
Whereas acknowledging that no disaster at the moment exists, he reaffirmed that the potential for disaster lies not within the legislation itself however in how the legislation is utilized or ignored. His message was clear: Liberia should keep away from an influence battle in any respect prices, and the judiciary should stay above reproach.
“Let there be no energy battle. Let there be no ambiguity. The legal guidelines of Liberia are clear, and so they have to be adopted to the letter. The integrity of our judiciary relies on it,” he stated.
