-As Judiciary Abandons State of the Nation Address
By G. Bennie Bravo Johnson I
The Liberian Judiciary, led by Chief Justice Sie-A-Nyene Gyapay Yuoh, notably absented itself from President Joseph Nyumah Boakai’s second State of the Nation Address delivered on January 26, 2025, at the National Legislature. This absence has sparked significant concern among political analysts, who interpret it as a clear signal of the growing disconnect between the Executive and Judicial branches regarding the rule of law.
The Judiciary’s decision to skip the address raises questions about its recognition of House Speaker Richard Nagbe Koon, who has been endorsed by the Executive. Analysts suggest that this move underscores a lack of coordination and respect for legal authority within the Boakai administration.
The Supreme Court had previously ruled that the legislative sessions conducted under Speaker Koon’s leadership do not align with the intent of Articles 33 and 49 of the Liberian Constitution, deeming their actions “ultra vires.” The court’s ruling stated:
“WHEREFORE AND IN VIEW OF THE FOREGOING, any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires. Hence, members of the House of Representatives are to conduct themselves accordingly. The Clerk of this Court is ordered to inform the parties. AND IT IS HEREBY SO ORDERED.”
Despite this ruling, President Boakai and Pro Tempore Nyumblee Kangar Lawrence have continued to recognize Koon as the Speaker of the 55th National Legislature, a move that appears to undermine the Supreme Court’s authority. They maintain that the ongoing impasse within the legislature is political in nature and does not involve the Judiciary.
Moreover, the Supreme Court has emphasized that while it possesses the authority to adjudicate constitutional matters, it lacks the mechanisms to enforce attendance among absent lawmakers, thereby complicating the legislative process. This gap effectively places Speaker Koon’s ability to govern in a precarious position, reliant on the cooperation of the Majority Bloc, which has significant leverage by withholding its participation.
As the political landscape in Liberia continues to evolve, the lack of coordination between the branches of government raises serious concerns about the rule of law and the effectiveness of governance under the Boakai administration. The Judiciary’s absence from the State of the Nation Address serves as a stark reminder of the challenges facing Liberia’s democratic institutions.
Challenges in Liberia’s Justice System: Ministry of Justice Reports on Prosecution Cases
By Vaye Vaye Lpoluvayelepolu446@gmail.com
The Ministry of Justice has raised alarms regarding significant challenges within Liberia’s justice system. In 2024, the Department for Prosecution reported a total of 116 cases, of which 106 are currently being processed by the Supreme Court. These cases encompass serious offenses, including murder, economic sabotage, and tax evasion.
Additionally, the Justice Ministry is currently handling four cases pending before the ECOWAS Court. Of these, the Liberian government has successfully won two, while the remaining two are still open, primarily due to a lack of witness participation.
Justice Minister Cllr. Oswald Tweah emphasized the urgent need for a robust justice system to foster a conducive environment for investment in Liberia. He stated, “We must address the challenges within our justice system to attract investors. Anything that threatens peace and stability in the country will be addressed to ensure a safe climate for investment.” He underscored that a positive image of Liberia is crucial for attracting foreign investment.
To improve conditions within the justice system, the Ministry of Justice has initiated logistical support efforts. Cllr. Tweah noted that when he took office, the ministry faced significant challenges regarding the collection of prosecution revenue from various magisterial courts across the country. To enhance operational efficiency, the ministry has provided vehicles to prosecutors, facilitating smoother prosecution processes in the counties.
Furthermore, the economic department at the Ministry of Justice is actively reviewing construction agreement documentation for negotiations, and has approved hundreds of procurement contracts in collaboration with other stakeholders and government agencies.
Cllr. Tweah also addressed the issue of overcrowding at the Bureau of Corrections, particularly concerning pre-trial detainees. Currently, there are over 200 pre-trial cases from 2024, which continue to pose significant challenges for the Ministry.
In an effort to strengthen gender-related cases in the country, the Ministry has established a Department for Gender Inclusion. This initiative has been divided into two regions: Region One, which includes Nimba, Bong, and Lofa counties, and Region Two, comprising Bomi, Grand Cape Mount, and Gbarpolu counties. Cllr. Tweah confirmed that the Ministry is in the process of drafting a comprehensive strategic plan, which will be finalized soon.
The Ministry of Justice remains committed to overcoming the existing challenges in the justice system to ensure a safer and more stable Liberia for its citizens and potential investors alike.
