——As Several stipendiary Magistrates and Magistrates filed a a writ of Prohibition
–A major disagreement has erupted at the Supreme Court with several stipendiary Magistrates and Magistrates protesting the unlawfully and unconstitutionally removal and dismissal of stipendiary Magistrates and Magistrates of subordinate courts.
Last early January 2025 stipendiary Magistrates on the heels of an imminent shakeup at the Supreme court of Liberia, Cllr. John Lafayette Griggs, stipendiary Magistrate, Bushrod Island Magisterial court alarmed over a calculated witch-hunt at the supreme court of Liberia stating that He ad other had been targeted by for solemn removal from their respective positions based on perceived partiality, especially desires to via for the Associate Justice Position when it begin vacant.
Now the authoritative Independent Probe has within its possession a writ of Prohibition, seeking to enjoined the Chief Justice and other administrators of the Judiciary,
Associate Magistrates, Montserrado County have filed with the Justice in Chamber a petition for the writ of Prohibition, seeking to enjoined the Chief Justice and other administrators of the Judiciary, to include, Chief Justice Sie-A-Nyene G. Yuoh , Court Administrator Cllr. Elizabeth J. Nelson, Human Resource Director, Cllr. Andrew Nimley and Controller general Atty. John s. Sackor, and the Chamber Justice has issued out citation for hearing on 5th February, 2025, at 10Am.
The writ seeks to know determine how stipendiary Magistrates and Magistrates were unlawfully and unconstitutionally removed and dismissed.
In the aftermath of the removal and dismissal, stipendiary Magistrate, Cllr. Griggs vowed to lobby with other arrived colleagues to get at the bottom of the alleged scam to disenfranchise youthful stipendiary Magistrates and Magistrates desirous of advancing in other areas of the judiciary.
“Trust me, we will go to the bottom of this! This one, nobody! Aspiring for a higher post within one’s work sector should be seen as a crime and this is the judiciary that must be upholding the rules of law by firmed interpretation.
The New Judiciary Law grants the President the responsibility to appoint and reappoint Stipendiary Magistrates based on their performance.
For the efficient functioning of the magisterial courts, Section 7.5 of the New Judiciary Law, gives the President of Liberia the responsibility to appoint a stipendiary magistrates, to hold office for a period of four years, and could be reappointed based on good record.
Justice Yuoh highlighted that her office has possessed a list of eligible magistrates for reappointment since April 2024, emphasizing the importance of the magistrates delivering justice transparently and expeditiously.
The apparent delay in revisiting these appointments appears to be a cause for concern, potentially undermining the effectiveness of the judiciary and exacerbating public perception.
According to her, the Supreme Court is vested with the constitutional authority to administer the law transparently, expeditiously, and fearlessly to all citizens and residents alike.
“We hope this will inspire our magistrates to perform at their best, in the administration of justice in their respective jurisdictions,” she noted.
Yuoh’s public disclosure then points to the fact that they are dissatisfied with the President’s office because their listing has either fallen on deaf ears, or has gone unnoticed, which may likely undermine access to justice, and bring the already overburdened Judiciary to public disrepute.
It is widely believed that the judiciary is the most corrupt of the three branches of Government. However, the prevailing circumstances where the magistrates cannot determine whether they will be reappointed or not, paints a negative picture of the magisterial courts in the eyes of the public.
The Section 7.5 says, “The President shall appoint for each magisterial court, a Stipendiary Magistrate, who shall act as chief magistrate of the court, and such associate stipendiary magistrates for each court as he deems necessary and expedient to dispose of the judicial business within the magisterial area covered by each court.”
It continues, “A stipendiary magistrate shall hold office for a period of four years and shall be eligible for reappointment; but he or she may be removed from office by the President, for a cause established and based on an investigation conducted by the Judiciary Inquiry Commission.”
Judges and magistrates are the Judiciary’s frontliners. They form the base of the pyramid, so to speak, and the foundation of the structure of the Judiciary.
The strength of the Judiciary lies on the first and second level courts; and they are the base of the pyramid and the strength of the pyramid lies on its base. If the base is weak, expect that those in the upper levels will collapse, hence the imperative of the President’s office to ensure that magistrates, whose appointments have expired, to be immediately renewed
The roles of the magistrates are essential in upholding justice at the grassroots level, and any uncertainties regarding their reappointment could taint the judiciary’s reputation. As judges and magistrates form the foundation of the Judiciary, the timely renewal of their appointments is crucial to maintaining the judiciary’s integrity and efficiency. The adherence to Section 7.5 of the New Judiciary Law is essential in ensuring the seamless functioning of the magisterial courts and upholding the rule of law in Liberia.
In a related development, the Liberia National Bar Association (LNBA President Cllr. Varmah has Threatened legal action against the Government Over Constitutional Violations, Defends Rule of Law.
The Liberia National Bar Association (LNBA), under the leadership of its newly President, Cllr. Bornor M. Varmah Sr, has vowed to take decisive action in defense of the rule of law.
During his inaugural address Friday January 31 2025 held at the Ministerial Complex in Congo-Town, Cllr. Varmah Threating that the LNBA will file a lawsuit against the Government of Liberia, citing a pattern of disregard for the Constitution and the Supreme Court’s rulings—actions the association considers a serious threat to the nation’s legal and democratic foundations.
Cllr. Varmah emphasized the critical nature of the legal action, stating that the government’s failure to uphold the Supreme Court’s decisions undermines the integrity of Liberia’s legal system.
He warned that such conduct directly jeopardizes the core principles of justice and democracy, which are essential for Liberia’s stability and growth.
“As the Liberia National Bar Association, we stand unwavering in our commitment to ensuring that the Constitution of Liberia is upheld and defended.
The government’s disregard for the Supreme Court’s opinions strikes at the heart of our legal system and endangers the democratic values we have long worked to establish. “This is not a matter of privilege, but of duty—a duty to protect our Constitution and secure justice for all Liberians,” stated Cllr. Varmah.
He further highlighted the LNBA’s responsibility as the guardian of the law, emphasizing the association’s obligation to challenge any actions that erode the integrity of Liberia’s justice system.
“As legal professionals, we have an ethical and professional obligation to act when the foundational principles of fairness and justice are threatened,” he asserted. “It is not only our duty but our moral imperative to protect the rights of the people and uphold the ideals of equality.”
Cllr. Varmah also shared that the LNBA’s current agenda under his watch includes; reforms to legal education and the strengthening of Liberia’s legal framework. He emphasized the importance of empowering women in the legal profession, fostering an inclusive and fair legal community, and ensuring the protection of human rights and civil liberties.
“Our responsibility extends far beyond the legal profession,” Cllr. Varmah affirmed. “We must ensure the legal system serves the best interests of all Liberians and stands firm in defense of human rights. We are committed to protecting the constitutional rights of every citizen and ensuring that justice prevails.”
The LNBA President took the opportunity to praise the outgoing leadership for their sacrifices over the years, acknowledging their invaluable contributions to Liberia’s legal system and expressing gratitude for the legacy they left behind.
“We owe a great debt to those who came before us,” he said. “Their sacrifices laid the foundation for the work we continue today. Let us honor their legacy by ensuring that justice is not only pursued but achieved with determination, courage, and integrity.”
Cllr. Varmah reiterated the LNBA’s commitment to reforming legal education and preparing the next generation of legal professionals to meet the evolving challenges within the legal landscape.
He emphasized the association’s focus on bolstering the protection of human rights and civil liberties while fostering a transparent, accountable, and efficient legal system.
He also outlined his vision for the LNBA under his leadership—one based on professionalism, respect, and accountability.
The association will continue to advocate for legal reforms and the strengthening of Liberia’s democratic institutions.
“We will work tirelessly to address the critical legal challenges facing our country and contribute to Liberia’s continued development,” Cllr. Varmah noted
“We are committed to a legal profession that upholds the values of justice, fairness, and integrity, and we will build on the progress made by those who came before us.”
The LNBA’s decision to pursue legal action, according to Cllr Varmah is a broader efforts to reinforce the rule of law, uphold the Constitution, and ensure justice for all Liberians.
“This lawsuit will sends a clear message to both the government and the public that the LNBA’S remains steadfast in its commitment to justice, fairness, and democratic governance” Cllr Varmah concluded.
