Chief Justice-designate Yamie Quiqui Gbeisay, Sr. is advocating for a constitutional review of the provision that mandates the retirement of Chief Justices at the age of 70.
During his confirmation hearing before the Senate Committee on Judiciary, Claims, and Petitions, Justice Gbeisay expressed concerns over the fairness and practicality of the law. He argued that forcing retirement on grounds of age alone, despite a person’s mental competence and physical ability, is unjust.
According to him, the current provision appears to be a replica of the U.S. legal framework and is not suitable for Liberia’s evolving democratic and judicial landscape. He urged the Legislature to consider amending the law to reflect competence and performance rather than age.
Justice Gbeisay’s concerns are grounded in Article 72(b) of the 1986 Constitution of Liberia, which states:
“The Chief Justice and Associate Justices of the Supreme Court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a justice or judge may continue in office for as long as may be necessary to enable him to render judgment or perform any other judicial duty in regard to proceedings entertained by him before he attained the age of seventy.”
While the law does allow justices to conclude ongoing matters if they reach 70 while presiding over a case, it does not permit continued service beyond that task.
Justice Gbeisay, who currently serves as an Associate Justice of the Supreme Court, was nominated to the post of Chief Justice by President Joseph Nyuma Boakai. He was previously appointed to the Supreme Court by former President George Weah during the tenure of the outgoing Chief Justice.
Now a few years into his Supreme Court service, Gbeisay has earned the confidence of President Boakai, and his confirmation by the Liberian Senate appears likely as he seeks to take the helm of the Judiciary.
