By Monrovia, Liberia- Liberia National Bar Association Secretary General, Cllr. Bono Varmah terms as a legal misstep the recent retirement of Cllr. Joseph Nagbe from the Supreme Court Bench; calls on the Senate to halt the confirmation of Cllr. Frank Musa Dean
The Secretary General of the Liberia National Bar Association, Cllr. Bornor Varmah has termed as unconstitutional the recent retirement of Cllr. Joseph Nagbe from the Supreme Court Bench.
The retired Associate Justice sent in his official communication to that effect to President George Weah, citing unimproved health condition; a decision the Liberian leader honored and subsequently nominated Justice Minister, Frank Musa Dean for a replacement pending confirmation by the Liberian Senate.
The recent departure of Cllr. Joseph Nagbe from the Supreme Court bench is described by Liberia National Bar Association Secretary General Cllr. Bono Varmah as a legal error and urges the Senate to halt Cllr. Frank Musa Dean’s confirmation.
The recent retirement of Cllr. Joseph Nagbe from the Supreme Court Bench has been deemed unlawful by Cllr. Bornor Varmah, Secretary General of the Liberia National Bar Association.
Citing an unimproved health condition, the retired Associate Justice sent President George Weah an official communication to that effect. The Liberian leader honored this decision and recommended Justice Minister Frank Musa Dean as his successor, awaiting Senate confirmation.
But in a sharp reaction to Cllr. Nagbe’s early retirement, the LNBA Chief Scribe maintained that the action was illegal and as such, the Liberian Senate should halt the confirmation proceedings of Cllr. Dean.
Giving his legal opinion on Ok Morning Rush regarding the Associate Justice Joseph Nagbe’s Retirement, Cllr. Varmah noted that the former Association Justice Nagbe does not meet the requirements of early retirement as provided by law.
He argued that Cllr. Joseph Nagbe while sitting on the Supreme Court Bench should have only tendered his resignation other than an early retirement.
As his legal reliance, Cllr. Bornor Varmah said Article13.1, 13.3 and 13.4 of the New Judiciary Law of Liberia indicated that a judge or an associate justice calling for early retirement must be disabled, poor in health or mentally incapacitated.
However, the LNBA Chief Secretariat sharply reacted to Cllr. Nagbe’s early resignation, arguing that the decision was unlawful and that the Liberian Senate ought to delay Cllr. Dean’s confirmation process as a result.
Cllr. Varmah claims that the former Association Justice Nagbe does not fulfill the legal prerequisites for an early retirement.
He said that Cllr. Joseph Nagbe ought to have submitted his resignation in lieu of an early retirement while he was a member of the Supreme Court Bench.
Cllr. Bornor Varmah cited Articles 13.1, 13.3, and 13.4 of the New Judiciary Law of Liberia as support for his legal argument. These provisions stipulate that a judge or associate justice who requests an early retirement must be mentally or physically impaired.
By: Alphanso G. Kalama
