In what legal observers are describing as one of the most consequential judicial policy addresses delivered in recent years, Criminal Court "A" Assigned Judge, D. Onesimus Banwon, has issued a sweeping call for reforms to the country's criminal justice system, warning that persistent trial delays, prolonged pre-trial detention, weak case management, ethical lapses and concerns surrounding the jury system are undermining public confidence in the administration of justice.
Rather than delivering a routine ceremonial charge marking the opening of the August 2026 Term of Criminal Courts A, B, C, D and E, Judge Banwon used the occasion to present what amounted to a comprehensive diagnosis of structural weaknesses affecting Liberia's criminal justice system and to challenge every institution within it -- from prosecutors and defense lawyers to judges and lawmakers -- to embrace meaningful reform.
Speaking under the authority delegated by Chief Justice Yamie Quiqui Gbeisay, Sr., Banwon framed his address around a central proposition: that while the country's adversarial system remains constitutionally sound, its effectiveness is increasingly being undermined by institutional practices that delay justice and erode public trust.
"Liberia operates an adversarial system, not an inquisitorial one," Banwon reminded members of the Bench, Bar, jurors and court personnel gathered for the opening ceremony. "The judge does not investigate. He does not gather evidence. He sits as a neutral umpire between two zealous sides --the State and the Defense."
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He argued that the adversarial model protects fairness because each side presents its strongest case before an impartial judge, allowing facts to emerge through rigorous testing of evidence rather than judicial investigation.
"But that elegant design collapses," he warned, "when the system moves too slowly, too corruptly, or too compromised."
A System Under Strain
Judge Banwon's concerns reflect longstanding criticisms that have confronted the justice sector for years.
Successive reports by the Judiciary, the Ministry of Justice, international development partners and human rights organizations have highlighted persistent challenges, including case backlogs, inadequate judicial infrastructure, shortages of magistrates and judges, limited prosecutorial capacity, overcrowded prisons and lengthy pre-trial detention.
Although significant judicial reforms have been introduced since the end of the civil conflict--including the establishment of specialized courts, improvements in legal aid and increased donor support--the pace of justice remains one of the most frequently criticized aspects of Liberia's legal system.
For ordinary citizens, delayed justice often translates into prolonged uncertainty, increased legal costs and diminished confidence in public institutions.
For accused persons awaiting trial, it can mean months--or even years--behind bars without a determination of guilt or innocence.
Among the strongest sections of Judge Banwon's address was his discussion of Monrovia Central Prison, commonly known as South Beach.
He described the facility as representing one of the clearest manifestations of the justice system's structural weaknesses.
"The Monrovia Central Prison facility is dangerously overcrowded," Banwon declared, "not primarily by convicted criminals, but by pre-trial detainees--Liberians presumed innocent under Article 21 of the Constitution."
His concerns mirror findings repeatedly documented by the Bureau of Corrections, international partners and independent prison monitors.
South Beach, originally designed to accommodate approximately 374 inmates, has for years housed several times that number.
A significant proportion of those incarcerated are individuals awaiting trial rather than convicted prisoners.
According to Banwon, such prolonged detention directly challenges constitutional guarantees, including the right to a speedy and impartial trial and the presumption of innocence.
"When an accused person sits in jail for months or years without seeing the inside of a courtroom," he said, "justice delayed becomes justice denied."
Legal experts note that prolonged pre-trial detention extends beyond constitutional questions.
For detainees, delayed proceedings frequently result in lost employment, disrupted families, deteriorating health and lasting economic hardship.
Victims also suffer.
When criminal cases remain unresolved for years, victims and their families are denied closure while witnesses become more difficult to locate, memories fade and evidence risks being compromised.
Businesses likewise face uncertainty when commercial crimes remain pending.
Consequently, judicial delays affect not only individual litigants but public confidence in the rule of law itself.
Judge Banwon's address assigned responsibility across the justice sector rather than placing blame on a single institution.
Prosecutors--He urged the Ministry of Justice to discontinue what he described as the practice of filing indictments before cases are trial-ready.
"The Ministry of Justice must only bring indictments when it is fully prepared to proceed to trial," he said.
According to Banwon, repeated requests for continuances after indictments are filed contribute significantly to unnecessary delays.
He indicated that courts should increasingly consider dismissing cases where the prosecution fails to proceed without sufficient justification.
Defense Lawyers--Banwon also cautioned defense attorneys against employing procedural motions solely to delay proceedings.
"Zealous advocacy is not a license for abuse of process," he observed.
While emphasizing every accused person's constitutional right to legal representation, he argued that unnecessary procedural obstruction ultimately weakens confidence in the justice system.
Judges--Perhaps equally significant was his message to fellow judges.
Banwon urged judicial officers to adopt more active case management practices by prioritizing jail dockets, enforcing speedy-trial principles and ensuring unnecessary adjournments become the exception rather than the norm.
"It is the shared, complementary duty of the Bench and the Bar to fix this broken link," he stated.
Beyond delays, Banwon warned that judicial reform cannot succeed without restoring public confidence in the integrity of legal institutions.
"A criminal court cannot function if public trust is eroded by allegations of corruption, jury tampering or political interference," he observed.
His comments come at a time when concerns over judicial independence, allegations of corruption and political influence continue to generate national debate.
Banwon emphasized that prosecutors must fully disclose exculpatory evidence, defense lawyers must refrain from facilitating false testimony, and judges must remain independent from external pressure.
He described judicial independence as indispensable to maintaining constitutional governance.
Perhaps the most debated aspect of Banwon's address was his proposal that Liberia undertake a national conversation regarding the future of the jury system.
Rather than formally calling for immediate abolition, the judge questioned whether the current model continues to function effectively under existing conditions.
He argued that jurors often face significant challenges, including inadequate compensation, limited legal understanding, vulnerability to intimidation and allegations of improper influence.
"The jury has become the most vulnerable link in the chain," Banwon stated.
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"If the jury system has outlived its usefulness, we must make the decision to scrap it in the interest of justice and fair play."
His remarks immediately introduced one of the most consequential constitutional questions currently facing Liberia's legal community.
Banwon's proposal is significant because trial by jury is protected under Liberia's Constitution.
Any attempt to fundamentally alter that system would require constitutional amendment through legislative approval followed by ratification in a national referendum.
Legal scholars note that jury systems have long been regarded as an important safeguard against excessive state power by allowing ordinary citizens to participate directly in criminal justice.
Others argue that professional judges sitting alone--or alongside trained assessors--may deliver more consistent and legally reasoned judgments in complex criminal cases.
Several countries within the ECOWAS region employ judge-led criminal proceedings, while Liberia's jury tradition reflects its common-law heritage.
Whether Liberia should retain, reform or replace the jury system is therefore likely to generate significant legal, constitutional and public debate.
Judge Banwon also acknowledged recent improvements in judicial financing.
He welcomed increased budgetary support for the Judiciary and appealed to the Executive, through the Ministry of Finance and Development Planning, to expedite payment of outstanding judicial benefits previously approved by President Joseph Nyuma Boakai.
According to Banwon, improving the welfare of judges and magistrates strengthens institutional independence and enhances professional performance.
"This," he said, "will add impetus to and maximize the overall performance of judicial actors."
