The Supreme Court of Liberia risks a constitutional dilemma if President Boakai commissions newly appointed Chief Justice Yamie Gbeisay before the term of outgoing Chief Justice Sie-A-Nyene Yuoh ends in August.
By Stephen G. Fellajuah
Monrovia, Liberia; July 24, 2025 – Liberia’s judiciary may soon find itself in a constitutional dilemma if President Joseph Boakai commissions Chief Justice-designate, Yamie Gbeisay, before outgoing Chief Justice, Sie-A-Nyene Yuoh, officially retires on August 15, 2025.
This development has raised serious concern among constitutional scholars and legal practitioners, who warn that premature assumption of office by the incoming Chief Justice could lead to dual occupancy, violating the Liberian Constitution and undermining judicial integrity.
Chief Justice Yuoh reached the constitutionally mandated retirement age of 70 earlier this year. However, she remains legally in office as she finalizes all cases heard during the March Term of Court, in accordance with Article 72(b) of the 1986 Constitution of Liberia and long-standing judicial tradition.
Article 72(b) clearly provides: “The Chief Justice and the Associate Justices of the Supreme Court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that 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 in regard to proceedings entertained by him before he attained that age.”
This constitutional clause is interpreted as allowing Chief Justice Yuoh to remain in office until August 15, by which time she is expected to have completed all pending matters under her jurisdiction prior to reaching retirement.
Chief Justice-designate Yamie Gbeisay has already been confirmed by the Liberian Senate following President Boakai’s nomination.
Reports indicate that he may be commissioned this week, which has triggered alarm among some legal analysts.
However, Cllr. Bornor M. Varmah, President of the Liberia National Bar Association (LNBA), has downplayed fears of a constitutional crisis, stating that the situation does not amount to a breach as long as proper constitutional procedure is followed.
“There is no potential for a constitutional and institutional crisis depending on how the transition is managed,” Cllr. Varmah said. “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 legal debate hinges not on nomination or confirmation, but on the timing of the oath and assumption of office.
According to Article 68 of the Constitution: “The Chief Justice and Associate Justices shall take and subscribe to an oath or affirmation before taking office.”
Cllr. Varmah notes that this means mere commissioning (the issuance of the formal instrument of appointment by the President) does not constitute an assumption of office. The critical legal act is the oath of office, which signifies the beginning of judicial functions.
He emphasized that Liberia’s judicial tradition has always respected this timeline, saying “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.”
If Justice Gbeisay were to take the oath of office or begin performing judicial duties before August 15, it would create a scenario of dual occupancy, two Chief Justices in office simultaneously. Such a situation could be interpreted as a violation of Article 72(b), and may result in legal uncertainty around Supreme Court decisions made during that time.
“If the new Chief Justice assumes office while the current Chief Justice remains legally seated, it may lead to an unconstitutional overlap or usurpation of authority,” Cllr. Varmah cautioned.
To avoid this, the LNBA President recommends the following, including delaying the oath of office for Chief Justice-designate Gbeisay until after August 15, 2025, when the current Chief Justice formally retires.
Maintain transparency and public communication to prevent confusion or the perception of a judicial power struggle, and ensure the constitutional timeline is followed precisely, protecting both institutional credibility and the rule of law, he added.
“A smooth, transparent, and constitutionally timed transition is essential for maintaining public confidence in the rule of law and the impartiality of the judiciary,” Varmah noted.
“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. A smooth transition is being proffered between the outgoing and incoming Chief Justices.”
As the August 15 retirement date approaches, all eyes will remain on the Executive Mansion and the Judiciary to see whether they uphold Liberia’s democratic and legal principles, preserving the delicate balance between power and process at the highest level of the justice system. Editing by Jonathan Browne
