IPNEWS – The Unity Party has filed a petition before the Supreme Court to have Chief Justice Sie-A-Nyene G. Yuoh recused herself from a stay order imposed on the confirmation of Associate Justice Nominee Frank Musa Dean.
Just a day before the hearing, UP filed a motion for recusal on Monday, January 8, 2024, which said the hearing was scheduled for January 9, 2024.
The request of the Unity comes after Chief Justice Yuoh wrote a letter to President George Weah dated December 27, 2023, informing him about a request of Associate Justice Joseph N. Nagbe for an early retirement from the Supreme Court Bench.
However, Justice Nagbe had earlier requested retirement based on his poor health condition. In Justice Yuoh’s letter, she informed President Weah that the retirement of Justice Nagbe automatically creates a vacancy on the Supreme Court and Judicial Canon Two which provides that in the event of any seat of honor on the Supreme Court becoming vacant same shall remain vacant until the vacancy is filled by appointment and such appointee is commissioned and ceremonially seated.
Justice Yuoh, in her communication, said that her request found precedent in the case of the late Chief Justice Johnny Lewis who according to her for reason of poor health retired before the age of seventy. Unity Party argues, that Justice Yuoh advised President Weah to grant the request of Justice Nagbe for early retirement and to invoke Article 68 of the 1986 Constitution of Liberia to have Nagbe replaced and delve into the merit of their petition for a writ of prohibition.
“In consequences of justice, Yuoh is legally disqualified from participating in the determination of the petition out of which the motion for petition grew the UP lawyers argued.
The UP motion further said that Justice Yuoh’s alleged advisory letter to the President in respect of the request made by Justice Nagbe is a violation of the separation of powers doctrine as enshrined in the 1986 Constitution of Liberia
“This Motion is made in good faith and not intended to delay and baffle Justice and therefore Justice Yuoh should recuse herself from sitting and participating in the determination of the petition for the writ of prohibition.
According to the UP, Section 21.1 of the Executive law of Liberia creates and establishes within the Executive Branch of government, the Ministry of Justice which is headed by the Minister of Justice to be appointed by the president and with the advice and consent of the Senate; while Section 22.2 listed the duties of the Minister of Justice among which at Section 22.2(c) specifically confers on the Minister of Justice the duty to furnish opinions as to legal matters and render services requiring legal skills to the President and other agency of the Executive Branch of government.
The UP lawyers claimed that the respondent’s (Chief Justice Yuoh’s) letter is a legal opinion on a legal matter which is a usurpation of the function by her of the duties solely dedicated and conferred by law on the Minister of Justice. By Jacqueline Dennis
