MONROVIA – The President of the Liberia National Bar Association (LNBA), Cllr. Bornor M. Varmah, has dispelled concerns of a looming constitutional crisis surrounding the ongoing transition between the outgoing and incoming Chief Justices of the Supreme Court of Liberia. Writing on Tuesday, July 22, 2025, Cllr. Varmah clarified that while the situation presents legal nuances, it does not pose a threat to constitutional order if properly managed.
“There is no potential for a constitutional and institutional crisis depending on how the transition is managed,” Cllr. Varmah noted. He acknowledged that President Joseph Boakai had acted within his constitutional authority by nominating and securing Senate confirmation of the new Chief Justice prior to the effective retirement of the current Chief Justice.
The legal foundation for the transition, according to Varmah, is clearly spelled out in the Constitution of Liberia. Article 72(b) mandates the retirement of justices upon reaching the age of seventy. “Once that age is reached, the Justice must vacate office,” he said, stressing the finality of that provision.
He further pointed to Article 54(c), which gives the President the power to appoint justices with the consent of the Senate, and Article 68, which requires the Chief Justice and Associate Justices to take an oath before assuming office. This, he emphasized, is where the timing of the transition becomes critical.
Varmah outlined the current situation: the outgoing Chief Justice remains in office until August 15, 2025. Meanwhile, the new Chief Justice has already been confirmed and is set to be commissioned before that date. “If the new Chief Justice is commissioned and attempts to assume office before August 15, while the current Chief Justice is still legally in office, it could result in a constitutional breach,” he warned.
He noted that under Liberian judicial tradition, the transition only becomes effective when the oath of office is administered, something that should only happen after the seat becomes vacant. “The commissioning itself is not equivalent to assuming office,” he said. “The key constitutional step is the oath, which must follow the effective retirement of the incumbent.”
Cllr. Varmah made it clear that there will be no crisis if the new Chief Justice receives the commissioning instrument but refrains from taking the oath or executing any judicial functions until August 15 or immediately thereafter. However, he cautioned that an attempt to perform judicial duties before the legal vacancy would not only be unconstitutional but could also render Supreme Court actions during that time legally questionable.
Such premature action could trigger legal challenges and undermine public trust in the judiciary. “Any decision taken during overlapping authority might be invalidated or face challenges in court,” he warned, citing potential confusion and reputational risks to the judiciary.
He therefore urged that all constitutional timelines be adhered to strictly and called for clarity in public communication regarding the process. “It is crucial that the public is not left in doubt about who holds legal authority at any point,” he said.
Varmah emphasized the need for the judiciary to preserve its integrity by avoiding even the perception of power struggles or procedural irregularities. “Liberia’s judiciary must avoid any appearance of impropriety or power struggle at the top of its apex court,” he stressed.
He concluded with a reaffirmation of confidence in a peaceful and legal transition. “From where I sit, I can confirm that there is no potential for looming Constitutional Crisis as it is being alleged by some members of the public. In fact, a smooth transition is being proffered between the outgoing and incoming Chief Justices,” Varmah wrote.
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