MONROVIA: As uncertainty hangs over the confirmation of Cllr. Frank Musah Dean, Minister of Justice and Attorney General who was nominated as Associate Justice of the Supreme Court to replace Associate Justice Joseph Nagbe, Senator Conmany Wesseh of River Gee County has urged his colleagues “not to embarrass the honorable Senate” by entertaining moves to confirm Justice Minister Frank Musa Dean as a nominee for the position of Associate Justice of the Supreme Courts and maintained that there was no vacancy on the bench of apex court
Senator Wesseh made the assertions over the weekend when he was hosted on the Spoon TV Network to provide his thoughts on the confirmation saga centering on where the Senate should proceed with the confirmation and whether or not a vacancy exists on the Supreme Court bench.
“My response to the first question is an unequivocal no. As law-abiding citizens of this Republic who are privileged to serve our people in the high offices of the Senate, we must “never, ever disobey” or be seen to disobey the order of courts, especially so, the Supreme Court, whether the order is expressed, implied or constructive. I fully support Senator Sherman on this. He obviously benefited and shares his forty years of experience as a Counselor of the Supreme Court Bar”.
The tough talking lawmaker asserted that there is what he called “a pedestrian view” being peddled by some people who have no knowledge of the constitution that once an agency or branch of government is “constitutionally or textually charged”, it cannot be prohibited from performing those duties by the Supreme Court. He said that was a wrong impression of the constitution, terming it, “dead wrong” because the constitution was clear on it as provided in Article 65 as it relates to the judgment role of the Supreme Court.
“Article 66 goes further to say that: The SC shall be the final arbiter of constitutional issues … The Legislature shall make no law nor create any exceptions as would deprive the Supreme Court of any of the powers granted to it. The court is seized of this matter that some colleagues want us to proceed on. I think that we are by law, required to await a determination of this matter by the Supreme Court”, he said.
Responding to a question whether there was a vacancy or not, Senator Wesseh who is among those who have contrary direction with respect to confirmation of Cllr. Dean said he was of the strongest conviction that there was no vacancy on the bench of the Supreme Court because the condition that led to the prevailing controversy did not meet the criteria to create such vacancy.
“With respect to the answer to the second question, I would like to respond with another emphatic NO. To the best of my knowledge, there is no vacancy in law and fact. Without going into the details of the judiciary Law and Civil Service Law covering retirement, I would look at the chronology of the relevant events/communications from and about Justice Nagbe”, he said
Buttressing his position where he also highlighted some ambiguity in the manner and shape Justice Nagbe, whom he referred to as “My friend and brother” wrote his communication to the President requesting retirement and the follow up letter from the Chief Justice her honour, Sie-A-Nyenneh Yuoh justifying the request for retirement.
“He has not been well for the past couple of years. He has therefore been absent from the Bench for at least eight consecutive months. He wrote the President on December 21, 2023 requesting retirement; the President wrote the Senate on December 26 nominating his replacement; the Chief Justice wrote the President on December 27 (should we read anything into this, coming a day after the nomination letter is made public) supporting and advising the President on the actions he took on the matter without any reference to a controlling law.
“Should we read anything into the Chief Justice’s apparent unilateral action coming a day after the President’s nomination when the opinion of the Court was not sought?”, Senator Wesseh said.
He held a contrary view to the reference made by the Chief Justice in which she cited by error the case of the late former Chief Justice of Liberia, Cllr. Johnny Lewis, adding, “Lewis resigned and not retired; a special package was arranged and settled with the Executive before the nomination of his replacement was made”.
While stating that none of the procedures in the Lewis’s case happened in the Nagbe’s setting, he observed that from past experiences with the government of President George Manneh Weah, “Nagbe’s fate will be left at the mercy of the incoming Ambassador Joseph Nyuma Boakai administration”, adding that if he was ever to advise Justice Nagbe, he would urge him to negotiate with the incoming government for a departure package but not retirement package because his situation did not meet the threshold.
“All these raise more questions and uncertainties about whether or not there was a resignation or retirement or at best a request – whatever Justice Nagbe may have called it.
“Because of all these, we should not embarrass the Senate at the end of the 54th Legislature and the end of the fairly honorable service of a good number of us. The sad end, Justice Nagbe and my other good friend and junior brother Dean, the “nominee” will be the big losers. Let’s prevent this”, he concluded.
It can be recalled that the President nominated Cllr. Dean upon acceptance of the requests for retirement of Associate Justice Joseph Nagbe who has been ill for some time now and could attend most of the sittings of the honorable Supreme Court but the nomination along with that of Deputy Minister of Finance for Fiscal Affairs Samora Wolokollie who was nominated to replace the late Director General of the Liberia Revenue Authority(LRA) has generated so much controversies from the public with many saying with few days to the expiration of President Weah’s tenure, it is a matter of expediency that the entire process should be left with the incoming government to take on the task of making the replacements.
The ongoing protest by staffers of the Liberian senate in demand of their sitting arrears and other benefits has further compounded the prospect of the nomination going ahead.
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