Monrovia-Issues littered each social and political circles why President Joseph Nyuma Boakai swiftly nominated Affiliate Justice Yamie Quiqui Gbeisayas the following Chief Justice pending Senate affirmation when present Chief Justice, Cllr. Sie-A-Neh Yuoh has not gone by means of the formal retirement ritual, formally ending her tenure.
Chief Justice Yuoh reached and celebrated her seventieth birthday final Thursday, June 27, the constitutional age of retirement for Chief Justices and different judges of courts. However these with authorized historical past indicated that hitting seventieth does imply computerized departure from workplace within the absence of a proper retirement program throughout which the retirees bids farewell, bringing their reign to an finish.
Article 72b of the Structure states that “The Chief Justice and the Affiliate Justices of the Supreme Courtroom and judges of subordinate courts of report shall be retired on the age of seventy; supplied, nonetheless, {that a} justice of decide who has attained that age might proceed in workplace for as lengthy as could also be essential to allow him to render judgement or carry out some other judicial obligation in regard to proceedings entertained by him earlier than the attained that age.”
Whereas there’s no structure enshrinement positing official retirement program for outgoing Chief Justices or judges, however it’s made a problem priority to indicate appreciation and honor the particular person’s companies to the nation.
Justice Yuoh’s departure comes after greater than two years on the helm of the nation’s highest courtroom, the place she made historical past because the third feminine to function Chief Justice after Cllr. Francis Johnson Allison and Cllr. Gloria Musu Scott.
She was appointed in 2022 by former President George M. Weah, as a alternative of then retired Chief Justice cllr. Francis S. Korkpor. Her preferment shrouded in her decades-long authorized expertise and a repute for independence within the Liberian judiciary.
Throughout a comparatively compendious management span, she demonstrated utmost diligence in reinforcing the ideas of judicial integrity and constitutional governance.
The hasty Appointment of Justice Gbeisay
According to Article 56(a) of the 1986 Liberian Structure which grants the President the ability to nominate and dismiss, the Liberian chief final week, in a transfer regarded too hasty, appointed Cllr. Gbeisayas alternative of outgoing Chief Justice Yuoh, relying he’s confirmed by the Liberian Senate.
The appointment made actually three days after Chief Justice Yuoh’s birthday, confirmed and legitimized postulations that he (Gbeisay) was in a polled place for consideration, out of three to 4 different names that had been thought of as nicely.
President Boakai, justifying whereas Gbeisay grew to become his alternative for the job, stated he’s a “distinguished jurist” whose nomination displays “continuity and integrity in Liberia’s highest courtroom.”
The President didn’t cease there in his justification for preferring Justice Gbeisay, but in addition praised him for his “exemplary integrity, profound authorized acumen, and dedication to upholding the rule of regulation and the Structure.”
Extra so, in accordance with the President, Justice Gbeisay’s elevation is in keeping with the administration’s objective to keep up stability and belief throughout the judicial system.
Speculations come true
Previous to the reasonably ‘hasty appointment,’ it was extensively speculated and reported that Justice Gbeisay was on the peak of the President’s thoughts and watchlist of different jurists together with Justice Minister Cllr. Oswald Tweh, former TRC Chairman, Cllr. Jerome Verdierand Cllr. Jamesetta Wolokollie, a long-serving Affiliate Justice of the Supreme Courtroom Bench.
The choice, as gathered, adopted weeks of great consultations, background checks, persuasions and processes amongst each executives of the ruling Unity Social gathering, and the Motion for Democracy and Reconstruction (MDR) of Vice President Jeremiah Kpan-Koung, with the Vice President reportedly pinning his boss to think about Justice Gbeisay for a larger political reward in 2029 when Liberians go to the ballot to elect a brand new president.
NImba was an instrumental participant and agency decider within the final result of the 2023 elections in favor of the Unity Social gathering, profitable over hundred hundreds votes forward of then incumbent President George Weah and the Coalition for Democratic Change.
Rapidly appointing Justice Gbeisay, many consider, is a type of political reward additionally to the folks of Nimba County for his or her help to the federal government, having performed pivotal position within the President’s victory.
The Affiliate Justice preferment might be a lift to the federal government’s efforts to stamp its authority and unhindered management of the system because it pushes onerous within the anti-corruption struggle evidenced by ongoing prosecution each present and former officers of presidency allegedly concerned in acts of corruption.
What occurred earlier?
Nevertheless, Justice Gbeisay shocked the authorized circles throughout the Home of Representatives management deadlock when he dissented the Supreme Courtroom’s ruling that favored former Speaker Cllr. Jonathan Fonati Koffa within the Invoice of Data filed earlier than, to throw gentle on its earlier ruling dubbed ambiguous.
Gbeisay had earlier defended the Supreme Courtroom of Liberia’s choice to snub President Boakai’s Annual Message of January throughout the peak of the management hullabaloo on the HoR.
Through the opening of the February Time period of Courtroom in Sanniquellie, he stated the best courtroom’s choice to not attend President Joseph Boakai’s nationwide tackle was essential to keep away from additional political issues within the nation.
Justice Gbeisay defined stated theCourt’s choice was based mostly on the continuing disaster within the Home of Representatives, noting that the courtroom had beforehand instructed the Legislature to resolve their inner points, however to no avail, making the presence of the justices on the nationwide tackle probably exacerbating.
Justice Gbeisay stated: “The state of affairs within the Home of Representatives is in disaster, and our presence on the tackle might have been seen as an endorsement of one of many Audio system.” He additional added that “It might create further battle within the nation, and the very best plan of action was for us to not attend.”
He additional acknowledged that attending the tackle might have been interpreted as a battle of curiosity, notably because the Home at present has two competing Audio system.
“We instructed the Home to resolve their drawback, and our choice was to make sure that the courtroom’s integrity stays intact,” he added.
His Dissent of the ruling
Opposite to defending and offering causes the Courtroom snubbed President Boakai’s Annual Message, Justice Gbeisay broke ranks together with his colleagues on their opinion within the Invoice of Data.
He described the ruling as a “profound departure from established regulation and judicial propriety,” and warned the Courtroom had overstepped its bounds into the area of the political branches.
“The case earlier than us presents a quintessential political query, one which lies past the right jurisdiction of this Courtroom and squarely throughout the area of the legislative or govt branches of presidency,” Gbeisay famous in his protest, tacitly rooting the final argument about separations of energy and interference within the affairs of one other department.
This was principally the argument of members of the Majority Bloc within the management deadlock that the Supreme Courtroom was overstepping bounds by making an attempt to rule and intertain choice within the matter they thought of political.
He argued that the Amended Invoice of Data filed by members of the Home’s minority bloc was orderly faulty below Rule IV, Half 12 of the Supreme Courtroom’s Revised Guidelines, stating “This rule limits Payments of Data to issues the place a mandate of the Courtroom is both obstructed or improperly executed.”
Gbeisay indicated that no such mandate existed within the Courtroom’s prior judgment of December 6, 2024, which mandated members of the Home to “conduct themselves accordingly.”
In response to him, “The directive is clearly ministerial, restricted solely to the Clerk. It comprises no enforceable instruction or mandate directed to the Legislature.”
Justice Gbeisay feared that by deciphering the judgment as a mandate, the Courtroom had opened the door for litigants to hunt re-interpretation and even reversal of choices by means of informational filings.
The Chief Justice nominee declined to signal the Courtroom’s last opinion and referred to as on future justices to revisit and probably overturn the ruling, including “I respectfully decline to append my signature to the bulk opinion,” he concluded. “I additional urge this Courtroom, or a future Bench, to revisit and recall the current judgment.”
Appointment seen as appeasement
It’s believed that – aside from any attainable type of political appeasement of the folks of Nimba – the president’s hasty nomination of Justice Gbeisay has deep shroud in his protest of the Supreme Courtroom Bench’s opinion within the Home management deadlock by which the Government Department of Authorities sided with the Majority Bloc – the group of lawmakers that sought the elimination of then Speaker Koffa.
His choice, in accordance with critiques, although legally permissible, was a tactically implicit transfer meant to embolden the Government Department’s motion of backing the bulk bloc. “He was conscious of what he was doing – why he selected to dissent. Perhaps, he obtained trace of the results he might face if agreed with your complete Bench. By that he set himself aside from any accountability,” acknowledged Perry Toe, a resident of Caldwell, who claimed he’s an ardent reader and follower of each authorized and political points.
Toe stated it was not an peculiar choice for Justice Gbeisay to make, being conscious of the results, including “he performed sensible to not miss the chance to change into the following Chief Justice of Liberia.”
Mr. Toe argued that nominating him as Chief Justice was lengthy thought of, saying “for this reason it took the President no time – even when the present Chief Justice continues to be in workplace – to appoint him.”
Additionally, Hezekiah Martin of the identical group partially agreed with Toe’s evaluation that Justice Gbeisay’s hasty nomination is because of his dissent, which is in sensible settlement with Government Department’s choice to again the group of lawmakers discovered answerable for breaching the regulation of the land.
“This shouldn’t be an excessive amount of of a shock to Liberians; it has since been a performed deal ready for time, and that is the identify,” Martin asserted, including “Gbeisay had been a long-time thought of candidate for the place – although he’s certified – for his dealing with and conduct within the Invoice of Data opinion.”
Slew of criticisms of the appointment
Nevertheless, the Liberian chief has been criticized by Political commentator Keff Hassan for nominating Affiliate Justice Gbeisay to the place of Chief Justice , labeling it a “pay-to-play” nomination.
On June 30, President Boakai nominated Justice Gbeisay to switch retired Chief Justice Sie-A-Nyene Gyapay Yuoh, describing him as a “distinguished jurist” with “exemplary integrity” and “profound authorized acumen.”
Additionally, Solidarity and Belief for a New Day (STAND) has rejected President Boakai’s nominaton of Justice Gbeisay as Chief Justice of Liberia, calling the nomination a direct menace to the independence of the judiciary.
STAND Chairman Mulbah Okay. Morlu described the appointment as “a critical blow to judicial independence” and accused the Boakaiadministration of making an attempt to consolidate management over the Supreme Courtroom.
“Justice Gbeisay’s elevation alerts a troubling try by the Government to tighten its grip on the nation’s highest courtroom,” Morlustated. “It raises the specter of a politically compromised judiciary.”
Morlu pointed to what he referred to as Gbeisay’s “sample of inconsistency” in latest rulings, particularly his contradictory positions within the Fonati Koffa legislative dispute.
In February, Gbeisay supported the Supreme Courtroom’s boycott of President Boakai’s State of the Nation Handle however later issued a dissenting opinion throughout the associated Invoice of Data listening to. “This flip-flop raises critical questions on his independence and capability to guide with integrity,” Morlu stated.
He warned that Gbeisay’s appointment might reverse progress made below out-going Chief Justice Sie-A-Nyene Yuoh and revive public fears of a politically subservient judiciary. “We bear in mind the times when govt interference within the courts helped destabilize this nation,” he stated.
Morlu additionally cited issues from worldwide stakeholders. “The U.S. State Division and different companions have repeatedly raised alarms about judicial transparency,” he famous. “Appointing a determine perceived as pliable solely deepens these issues.”
Drawing parallels to the period of former Chief Justice Emmanuel Gbalazeh, Morlu warned, “Until Liberiforans increase their voices, Gbeisay might nicely change into the Gbalazeh of our time.”
He referred to as on residents throughout the nation to take part within the July 17 protest to defend judicial independence and reject what he referred to as a return to “a rubber-stamp Supreme Courtroom.”
“Liberia is at a crossroads,” Morlu stated. “We should select between defending constitutionalism or watching our democracy decline. July is right here. So is our resolve: Sufficient is Sufficient.”
Matter of Priority
Former President George Weah didn’t rush with the appointment of latest chief justice following the retirement of then Chief Justice Cllr. Francis Korkpor. As a substitute, he waited for the formal retirement ritual, earlier than nominating outgoing Chief Justice Yuoh as his alternative. It’s believed that call to not identify anybody whereas the chief justice had not formally retired was to indicate respect and to not create any type of political spectacles.
