By Lincoln G. Peters
Liberia’s Justice Minister and Attorney General, Cllr. Frank Musa Dean has recommended an amendment of the constitutional provision that requires the Chief Justice and Associate Justices to retire at age 70.
Cllr. Dean made the call Tuesday, 27 September 2022 when Chief Justice Francis S. Korkpor, Sr., was being retired because he had aged 70.
He argued that Justices on the United States Supreme Court bench serve until they die, resign, retire, or are impeached.
“As such, we hereby announce the need for a national dialogue to revisit the age clause in the Constitution,” Cllr. Dean said.
“Our legal system is patented after that of the United States. The justices of the United States Supreme Court serve until they die, resign, retire, or are impeached,” he added.
Former Chief Justice Korkpor’s successor, Cllr. Sie – A – Nyene G. Yuoh has been confirmed by the Liberian Senate following her appointment by President George Manneh Weah.
She awaits being commissioned by the president as part of traditional formalities before she sits on the Supreme Court bench as Liberia’s third female Chief Justice.
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The incoming Chief Justice has been serving on the Supreme Court bench as one of four Associate Justices following her appointment by former President Ellen Johnson – Sirleaf.
At the adjournment of the March Term of the Supreme Court and Chief Justice Korkpor’s retirement, Minister Dean suggested a revisitation of the provision in the 1986 Constitution concerning justices’ retirement, because it does conform to current day’s reality.
“An amendment of this constitutional provision is proposed,’’ Cllr. Dean recommended in his testimonials to the outgoing chief justice.
Article 72 (b) of Liberia’s 1986 Constitution provides that the Chief Justice and the Associate Justices of the Supreme Court and Judges of subordinate courts of record shall retire at the age of seventy.
It however says a justice or judge who has attained that age may continue in office for as long as may be necessary to enable him to render judgment or perform any other judicial duty regarding proceedings entertained before attaining that age.
It was based on the last part of the constitutional provision cited here that former Chief Justice Korkpor had to continue in office until the end of the March Term of Court.
Cllr. Dean disclosed that he and many legal practitioners continue to reflect on the practicality of the constitutional provision, given the evolving demand for change in Liberia’s legal system.
“The seventy years of retirement for our Chief Justice and Associate Justices may not be realistic today,” Cllr. Dean argued.
“We think they have more to do and a lot to offer because, at that age, they are wise in the law and loaded with experience. Therefore, the least age should be seventy-five,’’ he recommended.
In her testimonials to former Chief Justice Korkpor, incoming Chief Justice Sie-A-Nyene G. Yuoh said she takes seriously the recommendation made by Minister Dean regarding the establishment of a Council Board of former Chief Justices and Associate Justices.
“I take note of your recommendation for the concept of the Council Board of former Chief Justices and Associate Justices,” she said.
“We will see how to work around that and do something about it because that is a very fine and beautiful proposal,’’ she concluded. –Edited by Winston W. Parley
