- LNBA President on perceived looming crisis at Supreme court
As the country anticipates a historic transition in the judiciary, the President of the Liberia National Bar Association (LNBA), Cllr. Bornor M. Varmah, has dismissed public concerns of a looming constitutional or institutional crisis over the upcoming change in the leadership of the Supreme Court.
In a detailed legal analysis issued recently, Cllr. Varmah clarified that while the transition between the outgoing Chief Justice and the incoming one raises important constitutional considerations, there is currently no crisis--provided that the process is managed in line with established legal and judicial norms.
According to Article 72(b) of the Liberian Constitution, all justices of the Supreme Court are required to retire upon reaching the age of 70. The current Chief Justice, who has reached reach the mandatory retirement age, will officially vacate office on August 15, 2025.
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In anticipation of this, President Joseph N. Boakai exercised his constitutional authority under Article 54(c) to nominate a successor, who has since been confirmed by the Liberian Senate. The President is also expected to commission the new Chief Justice this week.
However, Article 68 of the Constitution specifies that no justice may begin serving until they have taken the official oath of office.
The key concern, according to Cllr. Varmah, lies not in the nomination or confirmation of the new Chief Justice, but in the timing of when they assume office.
"If the new Chief Justice is commissioned and takes the oath of office before August 15--while the current Chief Justice still holds office--this could raise serious constitutional and legal concerns, including the risk of dual occupancy or usurpation of authority," Cllr. Varmah noted.
He explained that Liberia's judicial tradition has always respected the timing of transitions, ensuring that the incoming Chief Justice assumes office only after the current one steps down.
There is no imminent constitutional crisis if the incoming Chief Justice is commissioned now but does not take the oath or begin performing judicial duties until after August 15," Cllr. Varmah emphasized.
However, if this critical sequence is ignored, legal complications could arise. Actions or decisions made by either justice during a period of overlapping authority could be deemed unconstitutional, opening the door for potential legal challenges and undermining the legitimacy of the Court.
To safeguard the integrity of the judiciary and ensure public trust, Cllr. Varmah recommended the following:
The new Chief Justice should delay taking the oath of office until after the official retirement of the incumbent.
Clear public communication should be issued to explain the legal transition timeline and avoid misinformation.
All parties involved should adhere strictly to constitutional and traditional procedures.
Concluding his statement, the LNBA President expressed confidence in a peaceful and orderly transition, despite the circulating fears.
"From where I sit, I can confirm that there is no potential for a looming constitutional crisis, as alleged by some members of the public. In fact, a smooth transition is being proffered between the outgoing and incoming Chief Justices," he said.
Cllr. Varmah urged stakeholders and the general public to trust the constitutional process and avoid speculation, reiterating that respect for judicial procedure is fundamental to maintaining the rule of law in Liberia.
Liberia National Bar Association President Cllr. Bornor M. Varmah ✍️✍️✍️✍️👇
"Is there a looming Constitutional & Institutional Crisis over the ongoing transition between the outgoing and incoming Chief Justices of the Supreme Court of Liberia?
There is no potential for a constitutional and institutional crisis depending on how the transition is managed. Even though the President has acted within his powers by nominating and securing Senate confirmation of a new Chief Justice before the effective retirement date of the incumbent. The key issue lies in timing and assumption of office under000 Liberian constitutional law and judicial traditions.
Legal and Constitutional Framework:
Retirement of Justices:
Article 72(b) of the Liberian Constitution states:
"The Chief Justice and Associate Justices of the Supreme Court and Judges of the subordinate courts of record shall be retired at the age of seventy..."
Once that age is reached, the Justice must vacate office.
Nomination and Appointment of Justices:
Article 54(c) gives the President power to:
"Appoint... the Chief Justice and Associate Justices of the Supreme Court, with the consent of the Senate."
Article 68 adds that:
"The Chief Justice and Associate Justices shall take and subscribe to an oath or affirmation before taking office..."
Key Issue: Timing of Commissioning and Assumption of Office
Scenario at Hand:
Current Chief Justice remains in office until August 15, 2025.
New Chief Justice has been confirmed by the Senate and is set to be commissioned this week (before August 15).
Possible Constitutional Concern:
If the new Chief Justice is commissioned and attempts to assume office before August 15, 2025, while the current Chief Justice remains legally in office, there may be an unconstitutional dual occupancy or usurpation of judicial authority.
Liberian Judicial Tradition and Practice:
Traditionally:
The outgoing Chief Justice remains in office until the effective date of retirement.
The new Chief Justice only takes the oath of office and assumes the role after the retirement or resignation becomes effective.
The commissioning (instrument from the President) is not equivalent to assuming office; the key step is the oath of office, which cannot precede the vacancy.
Analysis and Conclusion:
There is no immediate constitutional crisis if:
The new Chief Justice is commissioned now (i.e., receives the formal instrument of appointment), but does not take the oath of office or begin performing judicial functions until August 15, 2025, or immediately after the current Chief Justice vacates the seat.
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However, a constitutional or legal controversy could arise if:
The new Chief Justice takes the oath of office and begins to act in office before the seat is legally vacant.
Such action could render:
Decisions or administrative actions taken by either Chief Justice as questionable during any overlap.
Legal challenges could be mounted against Supreme Court decisions made under uncertain leadership.
Recommendations:
Adhere strictly to constitutional timelines.
Delay the oath and formal assumption of office by the new Chief Justice until August 15 or a day after, when the incumbent retires.q00º0
Ensure public communication is clear on the timeline to avoid speculation or confusion.
Final Thought:
Liberia's judiciary must avoid any appearance ofºl1 impropriety or power struggle at the top of its apex court. A smooth, transparent, and constitutionally timed transition is essential for maintaining public confidence in the rule of law and the impartiality of the judiciary.
From where I sit, I can confirm that there is no potential for looming Constitutional Crisis as it is being alleged by some members of the public. In fact, a smooth transition is being proffered between the outgoing and incoming Chief Justices."
