Monrovia-Jan-10-TNR: The legal argument for the Prohibition Hearing of Cllr. Frank Musa Dean could not take place before the Full Bench of the Supreme Court of Liberia as scheduled.
This is because of the late filing of a motion seeking the recusal of her Honor Sie-A-Nyene G. Yuoh, Chief Justice of the High Court.
During the Tuesday, January 9, 2024, sitting of the Supreme Court, Justice Yuoh said took notice of the fact that parties in the proceeding were not served the motion up to the appearance of the parties before it.
The court further observed that the Motion for Recusal was filed on 9th January 2024 at 10 am, a day before the hearing into the Petition for Prohibition.
Considering that notice of assignment is a cardinal principle of law which the court said is lacking in the instance case, Justice Yuoh noted that the court could not proceed with a hearing on the matter and instead referred same for another date to be announced.
It can be recalled that UP's legal team late Monday, January 8, 2024, announced a Motion for the Recusal of her Honor, Sie-A-Nyene G. Yuoh from presiding over the prohibition hearing of Cllr. Frank Musa Dean, Associate Justice-designate over the issue of illegality.
UP's motion for the recusal of the Chief Justice also underlines herinstructions given to President Weah to grant the request of Justice Nagbe for early retirement and to invoke Article 68 of the 1986 Constitution of Liberia and to have him replaced.
The lawyers hold that Justice Yuoh is legally disqualified from participating in the determination of the petition out of which the Motion for Petition grew," the petition states
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According to the UP motion, 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.
The motion to recuse comes after the Unity Party through its legal counsels petitioned the Supreme Court of Liberia requesting the court to review the nomination of Justice Minister Cllr Frank Musa Dean by President George Weah.
Cllr Frank Musa Dean was on December 26, 2023, designated as an Associate Justice on the Supreme Court's bench following the early retirement of Justice Joseph Nagbe.
