Monrovia – The President of the Liberia National Bar Association (LNBA), Cllr. Bornor M. Varmah, has issued a series of firm and detailed recommendations aimed at preventing what he described as a potentially avoidable constitutional and institutional crisis in the ongoing transition process at the Supreme Court.
By Selma Lomax | [email protected]
Cllr. Varmah, in a legal opinion shared during recent engagements with stakeholders in the legal community, urged all parties involved in the transition of the Chief Justice post to adhere strictly to constitutional timelines, particularly regarding the assumption of office through the oath of office.
He cautioned that while the nomination and confirmation of the incoming Chief Justice have been executed in line with Article 54(c) of the Liberian Constitution, the most critical phase — the assumption of office — must not be mishandled.
According to Article 68, a Justice does not officially enter office until he or she has taken and subscribed to an oath. Therefore, administering that oath before the current Chief Justice vacates office, Cllr. Varmah stressed, would be not only irregular but constitutionally impermissible.
“The Constitution provides a clear legal framework that governs judicial appointments and transitions,” Cllr. Varmah explained. “Commissioning the new Chief Justice is a procedural step, but it does not signal the start of tenure. Only the oath, taken after a legal vacancy exists, allows for assumption of office. Any attempt to shortcut that process undermines the legitimacy of the nation’s highest court,” he said.
Cllr. Varmah urged that the incoming Chief Justice must not take the oath of office or perform any judicial duties before August 15, the retirement date of the incumbent Chief Justice. He emphasized that the country’s democracy and judicial integrity hinge on this detail being respected without exception.
To avoid missteps, Cllr. Varmah called on the Executive Mansion, the Judiciary, and other relevant authorities to coordinate closely and communicate the transition timeline transparently to the Liberian people. In his view, maintaining public trust in the judiciary demands clarity, openness, and an unwavering commitment to the rule of law.
“This is a pivotal moment,” he said. “The judiciary is the guardian of constitutional order, and it must lead by example. The manner in which we handle this transition will reflect our commitment to legality and institutional maturity,” he added.
Cllr. Varmah also warned of the risks posed by any overlap in the tenure of two Chief Justices, describing it as a potential constitutional crisis with far-reaching implications. In such a case, he explained, questions would arise about which Chief Justice is legally authorized to preside over court proceedings, sign administrative orders, or render judicial decisions.
“This,” he said, could throw the credibility of the Supreme Court into disrepute and open the door to legal challenges against its rulings.
“The legitimacy of every Supreme Court decision relies on the authority of the presiding Chief Justice. If there is uncertainty or a constitutional defect in that authority, the integrity of the decisions themselves could be challenged. That is a risk we cannot afford,” he added.
Cllr. Varmah’s recommendations were grounded in Liberia’s constitutional provisions and supported by longstanding judicial tradition. Historically, Liberia has adhered to the principle that no justice, regardless of prior confirmation or commissioning, may assume office until the seat is formally vacated through retirement, resignation, or removal. He emphasized that even ceremonial eagerness must yield to legal protocol.
He recommended that the oath must be administered only after the incumbent Chief Justice officially retires on August 15. Any attempt, he said, to administer the oath earlier would be a constitutional breach. He also advised that the Office of the President, in collaboration with the Judiciary and the Ministry of Information, should release clear and accurate public communication detailing the transition timeline and legal framework.
This, he said, would reduce speculation, rumors, and the risk of political manipulation.
“Furthermore, until the incumbent Chief Justice formally steps down, the incoming Chief Justice must refrain from engaging in any judicial or administrative functions associated with the office. This includes presiding over cases, issuing directives, or occupying judicial chambers designated for the Chief Justice,” he said.
He urged members of the Bar, civil society organizations, and the international legal community to monitor the process closely and to speak out in favor of constitutional compliance.
“Liberia has made tremendous strides in rebuilding its institutions after years of civil conflict. This is not the time to slip into procedural shortcuts or political expediency. Our courts must lead with integrity, and that begins with a lawful, transparent transition,” Cllr. Varmah concluded.
While acknowledging that no crisis currently exists, he reaffirmed that the potential for crisis lies not in the law itself but in how the law is applied or ignored. His message was clear: Liberia must avoid a power struggle at all costs, and the judiciary must remain above reproach.
“Let there be no power struggle. Let there be no ambiguity. The laws of Liberia are clear, and they must be followed to the letter. The integrity of our judiciary depends on it,” he said.
