How Liberia could end up with two chief justices at the same time
Liberia could face an unusual legal situation if a new Chief Justice is sworn in before the current one officially retires in August.
Concerns have been raised over the timing of the expected transition between the current Chief Justice Sie-A-Nyene Yuoh and her confirmed successor, Yamie Gbeisay.
Although Justice Yuoh reached the age of retirement earlier this year, the Liberian Constitution allows her to remain in office until she finishes all pending cases that were started before she turned 70.
Legal experts say Justice Yuoh is expected to step down by August 15, once she has completed her duties.
But the fact that Gbeisay may be commissioned by the president this week has sparked concern that both judges could be seen as holding the same office at the same time.
Liberia’s Constitution states that judges retire at age 70 but may stay on long enough to finish the work already on their desks.
It also states that a Chief Justice must take an oath of office before officially assuming the position.
Some legal observers fear that if Gbeisay is sworn in before August 15, it would create a rare situation where Liberia has two Chief Justices, which could raise questions over the legal authority of decisions made by the court.
However, the country’s Bar Association says this can be avoided.
“There is no potential for a constitutional and institutional crisis depending on how the transition is managed,” said Cllr. Bornor Varmah, president of the Liberia National Bar Association.
Traditionally, Liberian Chief Justices only assume office after their predecessors officially leave.
He explained that the key issue is not the nomination or confirmation of the new judge, but when he takes the oath and starts work.
This story is written and edited by the Global South World team, you can contact us here.
