Former Chief Justice Gloria Musu Scott deviated from her assigned theme, to express her displeasure about the conduct of some leaders of the Liberia National Bar Association (LNBA), who publicly criticized the Supreme Court’s opinion or judgment upholding Cllr Fonati Koffa’s Bill of Information.
While serving as keynote speaker at the Law Day’s celebration last Friday, the former Senator of Maryland County urged legal practitioners to respect the Supreme Court’s decisions and uphold its integrity, even when disagreeing with them.
She said, the sanctity of the high court must be preserved and respected.
“We have to be extremely careful to protect the Constitution and our country’s democracy,” Justice Scott emphasized.
For the Law Day celebration, the former Chief Justice asked to speak on the theme: “Justice, Accountability Inclusion: Building a Stronger Liberia Under the Rule of Law,” instead, she seized the opportunity to bring her colleagues. attention to their failure to protect and defend the high court, and not to undermine its integrity.
During the program, the seats usually reserved for Justices of the Supreme Court were empty. Even Chief Justice Sie-A-Nyene Yuoh, herself was not in attendance and so, they had to escape her Law Day’s messages.
This is how the legal profession has been divided which, according to Justice Scott it is not good for our democracy.
“As an elder who has practiced law in this country for 39 years, I think I cannot ignore what is happening in our country especially as regards the statement of the Supreme Court’s opinion,” Justice Scott strategy informed the Bar leadership.
Henceforth, Justice Scott said, leaders of the Bar should know where to speak, when to speak and how to speak on the Supreme Court’s opinion.
Using the scenario where the Capitol Building was burnt, she said, when she saw the flame coming from there, she knew that something wrong had happened.
“What kind of political controversy will reach to the point such as a symbolic building that somebody would form a concerted idea to set it ablaze and not only form it but to execute it. Something is wrong in this country,” Justice Scott lamented. “This is why, welawyers should understand that there is a reason far from what the Constitution protects. We are demolishing the bar, because of this, we have to look back, we have to work so that there is hope for the people, and that there is an institution in this country to give them hope.”
She however indicated that legal practice is the only profession that is protected by the Constitution.
“It is the only profession that has a constitutional guarantee or protection. It is us, lawyers that have the right to protect this. Constitution,” she reminded her colleagues about their responsibility to protect the Constitution.
She added, the constitution cannot speak for itself, it is the legal profession that can speak for it, to ensure that our country is a democratic society, where the right of every citizen is protected.
“We have to be careful, we have to be sober, we have to be deliberate and intentional, as we guide this process. We should weigh the situation, we should hold consultations before speaking or disagreeing with the Supreme Court’s opinion,” she emphasized.
She said, whenever the Supreme Court speaks, lawyers should obey, even if they don’t like it.
She reiterated that the Supreme Court and the judiciary are considered lawyers’ country devil, and they can’t undress it in public.
“You cannot tell your clients to disobey, disrespect, or reject the opinion of the Supreme Court. We as leaders of the Bar, we must be conscious of the circumstances, the context within which we operate,” Justice Scott said.
Meanwhile, Justice Scott urged the lawyers to take into consideration the code of ethics, which according to her, it says “No lawyer should do anything to undermine the integrity of the Supreme Court.”
It can be recalled that immediately after the Supreme Court’s judgment in the Amended Bill of Information, LNBA’s President Cllr. Bornor M. Varmah labeled the Supreme Court’s ruling on the House Speakership crisis as a “criminal subversion of the Government,”
The Court’s April 23, 2025, decision reaffirmed Cllr. J. Fonati Koffa of the legitimate Speaker of the House of Representatives, declaring any legislative sessions held without his presence and participation.
At the heart of the dispute is the Supreme Court’s interpretation of Articles 33 and 49 of the Liberian Constitution, which pertain to legislative quorum and the election and removal of the Speaker. The Court held that any session conducted without Speaker Koffa, despite his availability, was unconstitutional.
Varmah contends that this ruling oversteps judicial boundaries, infringing upon the separation of powers and the Political Question Doctrine, which reserves certain matters for resolution within the political branches of government.
In a press conference, Varmah argued that the Court’s use of a Bill of Information—a procedural tool intended to clarify existing judgments—to effectively issue a new ruling was inappropriate. He warned that if the Court’s decision stands, it could invalidate the 2025 National Budget, passed during sessions deemed unconstitutional, thereby disrupting government operations and financial disbursements.
“This could amount to criminal subversion of the State,” Varmah asserted, urging the Court to reconsider its position to prevent a constitutional crisis.
Varmah’s statement was reaffirmed by the National Executive Council that comprises the President of the Bar of the fifteen counties.
