IPNEWS: The Liberian Senate has confirmed Ceaineh D. Clinton-Johnson as the newest Associate Justice of the Supreme Court of Liberia, following a unanimous vote by the legislative body.
Justice Clinton-Johnson’s appointment, which received the support of all 22 Senators present, marks a historic moment as she is the first nominee to be confirmed under the Senate’s newly amended rule requiring a two-thirds majority for such confirmations.
The confirmation of Clinton-Johnson comes after President Joseph Nyuma Bockai nominated her to succeed the late Associate Justice Joseph Nagbe. This development is the first application of the Senate’s revised rule, which now mandates that at least 20 out of 30 Senators must vote in favor of a nominee for their confirmation.
In related Senate activities, the body voted to uphold the two-thirds majority requirement for the confirmation of all tenured presidential nominees. This decision follows a motion filed by Bong County Senator Prince Moye, who had initially sought to revert to a simple majority vote.
Senator Moye’s motion to reconsider the Senate’s previous vote was withdrawn after he missed the deadline to defend his proposal.
The Senate’s decision underscores its commitment to maintaining rigorous standards for high-level judicial appointments in Liberia.
Earlier, scores of female lawyers and other legal practitioners who closely followed the confirmation hearing, of Associate Justice designate Cllr. Cianeh Clinton-Johnson, are now calling on the Senate for an unconditional rejection.
The Female Lawyers stated that the Senate will indeed perform it's constitutional role by needfully rejecting and denying the nomination of Cllr. Cianeh Clinton-Johnson, Associate Justice nominee designate, to safeguard presumptive legal embarrassment created at her ascendency The female lawyers stated that Cllr. Clinton-Johnson during the confirmation hearing publicly demonstrated the lack of knowledge of the Constitutional and Statutory laws by her inability to provide the needed Constitutional and Statutory interpretation of the laws, while she may serve on the Bench of the constitutional court when confirmed as Associate Justice.
“Let us be swift to note and informed the Senate and hearing senators, that the Associate Justice designate was more political in her presentation then legal, when whereas, the office of Associate Justice for which she is now a designee as per the President's nomination, is a top legal office and not one of politics. Thus, is was the honest expectations of the legal community and public as a whole that the nominee would have frankly dealt with the constitutional and statutory questions of law asked her during the configuration hearing but instead, she evaded them and chose to have become more political in her response and which in our minds, became a strategy brought about by the nominee, due to her lack of the actual practical knowledge of the constitutional and statutory application of the laws and which must not be entertained by the Senate as there is no room for such incompetence on the Supreme Court's Bench, particularly where a Justice is by law to at most preside on his or her own, and make independent judgements as chamber Justice.” A disenchanted female Lawyer intoned.
The legal practitioners also pointed out that it was necessary to begin refreshing members of the Liberia Senate and public on the constitutional and statutory questions of Senators and the scrambling, erroneous and evasive legal responses of the Associate Justice nominee, especially dwelling of series of questions proffered by Senator Albert Cheah, to the nominee. & quot ; Your CV presented us speaks to a worth of experience you have in international human rights law and treaties, am I correct?" The nominee's answer: "yes! Honorable senator. & quot; Senator Cheah further: "Now madam nominee, as you may be aware, there is a growing issue within our jurisdiction these days, whenever decisions are made by our Supreme court as final arbiter of Justice within this jurisdiction, people against whom these decisions are taken often run to some international or regional court to which Liberia is a party, challenging the Supreme Court's decision. If you are seated as Justice of the Honorable supreme court and such matter wherein a challenging party with judgment from such regional court as the ECOWAS COURT, overturning the Supreme Court's decision is brought before you, what would be your opinion? ; will you grant the foreign court's decision overturning the Supreme Court's decision or what will be your opinion? & quot ; Cllr. Cianeh Clinton-Johnson's response: & quot; Honorable senator, the foreign court was brought in this country by you the legislature enactment of the treaty, so whether decision of such foreign court overruled decision of the Supreme Court, it is the decision that you the legislature made by rectifying that statute. & quot; At this stage, the response of the nominee according to the disenchanted Female Lawyers, were not being clear, prompting Senator Cheah insistence, "that response does not mean anything!" Then the Senator clarified the question in it's proper perspective, indicating the constitutional provision under Article 66, which makes decisions of the Supreme Court binding and also, the learned Senator stressed the authority of the very Supreme Court to overturned statutory laws that conflict with the constitution and concluded on his follow up, will such decision of the foreign court overruled decision of the Supreme Court?" In furtherance, the nominee in gross lack of knowledge of the law of the application of the constitutional provision, insisted that "she cannot imagine or cannot say! But insisted, that there will be a decision jointly handle by the full Bench of the Supreme Court and when arguments are made- I will be able to make an informed decision." suggesting that nominee is incapable of rendering independent decision, void of her colleagues Justices input, which seen by many of the disenchanted female lawyers are critical issue.
“This is outrageous of a lawyer wanting to mend the high court' Bench as Associate Justice! One can imagine what it will be like when such lawyer if confirmed as Associate Justice and seated as Associate Justice, moreso, being face with critical constitutional issues? Will she be able to make such independent decision aimed at legally stabilizing the nation? Impossible! Gathering from the interaction at the confirmation hearing, there would be absolutely no such opinion, as the nominee has already informed the legislature through the hearing senators that she cannot act outside of the full Bench.” “Such Justice as Cianeh Clinton-Johnson, drawing from her responses to question of law asked, will not be able to sit independently as a chamber Justice and which will retire the already cases burdened Supreme Court. More besides, the senator question pointed to Article 66 of the constitution of Liberia, which provides as follows; The supreme court shall be the final arbiter of all constitutional issues and shall exercise…& quot; Contrary hereto, the nominee reasoned that contrary to this constitutional provision, ruling from a foreign court domesticated by constitutional act of the rectification of treaties by the legislature, will in her opinion overturned rulings of the Honorable Supreme court. What a misrepresentation of the law and demonstration of incompetence?” The Female Lawyer wonders. Another Female Lawyer projected that in accordance with Article 57 Chapter 18, section 18.2 of the criminal procedure law/1LCLR”, When asked by senator Bartequah as towhat did she do when rights of pretrial Rape detainees were and is being violation as is contrary to the law to have them imprisoned for more than two terms without trial, the professionally unlicensed but now Associate Justice designate contrary to chapter 18.2 of the criminal procedure law, misrepresented and said that the judge can do nothing unless the defense sole request. “This is a circumvention of the law, as contrary there to, the law under 18.2 provides that & quoteless good cause is shown, a court shall dismissed a complaint against a defendant who is not indicted by the end of the next succeeding term after his arrest… unless good cause is shown, a court shall dismissed an indictment if the defendant is not tried doing the next succeeding term after the finding of the indictment…." “In the face of this statutory law, the lawyer now Associate Justice designate insisted by justification of her violation of the rights of thousands of pretrial Rape detainees, that the court can do nothing concerning the release of defendants detained without trial, for over two terms of court. Whereas the law under 18.2 cited herein, gives the judge or court the right to in such case, release such accused without any application from neither the prosecution or defense but by judicial notice of the law herein. For these circumvention and misrepresentation of the laws before the Honorable legislature by this nominee, thereby representing her manifested lack of knowledge and application of the laws, the Senate must most needfully reject the nominee to safe the supreme court and nation of her would be erroneous opinions.” Another disenchanted Female Lawyer contended.
