Liberia: Supreme Court Nomination of Justice Minister Frank Musa Dean Faces Legal Hurdles

The confirmation process for the appointment of Justice Minister Frank Musah Dean to the Supreme Court bench has hit a temporary roadblock following a stay order issued by the high court. The decision was made by the Supreme Court’s Justice-In-Chambers, Jamesetta Wolokollie, in response to a Petition for a Writ of Prohibition filed by the ruling Unity Party (UP), urging a pause on Dean’s confirmation as Associate Justice.

Initiated on January 2, 2024, the petition, spearheaded by UP Chairman Rev. Luther Tarpeh and National Secretary-General Amos Tweh, targets the Liberian Senate, President Jewel Howard Taylor, Protemp Albert T. Chie, and the nominee himself.

Reports have surfaced indicating the Senate’s intention to expedite the confirmation process, scheduled to commence last week. The decision to fast-track the confirmation was reached during an early-week session, where Senator Simeon Taylor proposed forwarding President Weah’s communication on Dean’s nomination to the Judiciary, Human Rights, Claims, and Petition Committee for further action.

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Dean, Liberia’s Justice Minister and Attorney General, received President Weah’s nomination on December 26, 2023, following the resignation of Associate Justice Joseph Nagbe. Nagbe’s early retirement, citing health reasons, prompted his replacement in the Supreme Court by the Senate in August 2018, succeeding retired Associate Justice Philip A Z Banks.

Dean’s nomination has stirred criticism, questioning its legitimacy and timing. Critics argue that it contradicts President Weah’s Presidential Directive, which imposed a freeze on new employment contracts and promotions during the transition period. Concerns are raised regarding the President’s motives, with some suggesting a deviation from public interest and the principles outlined in the directive.

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Supporters of the President contend that he holds the constitutional authority to nominate and appoint officials until the new president’s inauguration. Citing constitutional articles 50 and 54, they affirm the President’s prerogative.

Amid the debate, the discussion extends to the political wisdom of such nominations in the final days of an outgoing president’s term. While acknowledging the President’s authority, veteran journalist Julius Kanubah emphasizes the importance of scrutinizing the nominee’s character, reputation, competency, and integrity.

Kanubah underscores the nominee’s potential impact on the interpretation of laws in Liberia, urging a focus on critical questions surrounding impartial justice. In addressing concerns about a directive violation, Kanubah interprets the Presidential Directive as applicable to government entities, not the President’s own Executive Powers, which are constitutionally protected.

As the nation awaits further developments, the debate remains centered on the balance between constitutional authority and the practical implications of nominating a new Associate Justice in the twilight of a presidential term.