Capitol Hill, Monrovia – Cllr. Boakai N. Kanneh, the Associate Justice nominee to the Supreme Court of Liberia, has issued a clarion call for a total overhaul of the 1986 Constitution, describing it as outdated and ill-suited to address Liberia’s current legal and societal complexities.
Speaking during his confirmation hearing before the Senate Judiciary Committee, Cllr. Kanneh, who currently chairs the Governance Commission, emphasized the urgent need for constitutional reform, arguing that the existing framework no longer meets the demands of a changing nation nearly 40 years after its adoption.
“The Constitution was crafted for a different time and context,” he asserted. “Liberia has since evolved, and so must the legal instrument that governs it.”
Cllr. Kanneh was nominated by President Joseph Nyuma Boakai to fill the vacancy left by former Associate Justice Yamie Quiqui Gbeisay, now elevated to the position of Chief Justice.
Emphasis on Legal Continuity during Reform
Cllr. Kanneh clarified that a constitutional rewrite should not imply the dissolution of the current government or legal disruption. Instead, he proposed that the 1986 Constitution remain in force while a new one is developed through legal and consultative means.
According to him, any process of constitutional change must be transparent, inclusive, and legally sound to maintain institutional legitimacy and public trust.
He argued that constitutional reform should aim to modernize governance, enhance institutional accountability, and reflect contemporary democratic norms.
He described the Constitution as a “living document” that must be responsive to the nation’s evolving legal, economic, and social realities.
Legal Expertise without Judicial Tenure
While Cllr. Kanneh acknowledged that he has not previously served on the bench, he pointed to his extensive experience in legal scholarship and public service-including his tenure as Chairperson of the Law Reform Commission-as qualifications that align with constitutional requirements for appointment to the Supreme Court.
He maintained that judicial service is not the only benchmark for qualification, emphasizing his contributions to legal research, policy reform, and constitutional analysis as evidence of his readiness for the role.
Strong Defense of Judicial Independence
Cllr. Kanneh strongly advocated for the preservation of judicial independence, calling it the cornerstone of constitutional democracy and the rule of law.
He warned that Liberia’s judiciary cannot function effectively if it is undermined by external influence or political interference.
“The Judiciary is the only non-political branch of government,” he stated. “Its independence must be protected if we are to maintain public confidence and constitutional order.”
He further argued that the separation of powers must be respected and upheld, stressing that true judicial autonomy is only possible when both the Executive and Legislative branches refrain from encroachment.
A Vision for Reform and Modernization
Cllr. Kanneh also presented a portfolio of published works, including research on criminal law, judicial independence, and foreign policy law, signaling his intellectual commitment to strengthening the legal system.
He concluded his presentation with a pledge to work closely with the Chief Justice and his fellow justices to modernize court administration, streamline legal procedures, and uphold constitutional order.
“The challenges facing our judiciary are significant,” Kanneh said. “But they are not insurmountable—if we meet them with honesty, diligence, and a commitment to the law.”
If confirmed, Cllr. Boakai N. Kanneh is expected to bring a reform-minded, constitutionally grounded perspective to Liberia’s highest court, with a particular focus on modernizing the nation’s legal framework to meet the demands of the 21st century.
