In the heart of Liberia’s democratic system lies a tradition steeped in constitutional law, judicial protocol, and ceremonial reverence, the transition of the Chief Justice of the Supreme Court.
As the country awaits the official appointment and commissioning of Chief Justice Designate Yamie Quiqui Gbeisay, citizens across Liberia have expressed growing interest in understanding how this transition occurs and what it means for the rule of law.
This article serves as a guide to educate the public on the legal and ceremonial process that governs the retirement of a Chief Justice and the induction of a new one, ensuring that power is transferred smoothly and in line with the 1986 Constitution of Liberia.
Retirement of a Chief Justice: A Matter of Law
Under Article 72(b) of the 1986 Constitution, all Justices of the Supreme Court-including the Chief Justice, must retire at the age of 70.
Retirement may also occur earlier if a Justice suffers from ill health, disability, or is removed through impeachment for proven misconduct.
Currently, Chief Justice Sie-A-Nyene Gyapay Yuoh, having reached the mandatory retirement threshold, is carrying out administrative functions until the official end of her term-the conclusion of the March Term of the Supreme Court, which will extend to the October Term this year.
As part of her continuing duties, Chief Justice Yuoh recently assigned Circuit Court judges, demonstrating that until a new Chief Justice is formally seated, the sitting Chief Justice retains constitutional authority.
Traditionally, a valedictory ceremony is held to honor the retiring Chief Justice, acknowledging their years of service and dedication to justice.
Nomination and Requirements for a New Chief Justice
According to Article 54(c) of the 1986 Constitution, the President of Liberia has the exclusive power to nominate a new Chief Justice. However, this is no simple political appointment. The nominee must:
Be a Liberian citizen;
Be a Counselor-at-Law with at least five years of experience;
Have a record of high moral character and integrity.
President Joseph N. Boakai has nominated Counselor; Justice Yamie Quiqui Gbeisay for the role, but the nominee has not yet been appointed or commissioned.
Senate Confirmation: A Crucial Check
Before any appointment becomes official, the Liberian Senate must confirm the nominee.
The Senate Judiciary Committee conducts public hearings where the nominee is examined on their legal philosophy, judicial temperament, and commitment to constitutional principles.
Accordingly, once the Senate gives its approval by majority vote, the process moves to the Executive Mansion for formal commissioning.
Appointment, Commissioning, and the Ceremonial Seating
Following Senate confirmation, the President issues a commission, and the Judiciary prepares for a formal swearing-in ceremony, typically held at the Temple of Justice.
During this ceremony, the new Chief Justice takes the Judicial Oath, affirming their commitment to uphold the law without fear or favor.
An important highlight of the event is a ceremonial tradition performed by the Marshall of the Supreme Court.
In this symbolic act, the Marshall escorts the outgoing Chief Justice out of the courtroom and brings in the new Chief Justice, who is then seated on the Supreme Court Bench.
The seating arrangement on the Bench also changes:
The second most senior Associate Justice sits to the right of the Chief Justice;
The third most senior sits to the left;
The fourth and fifth Justices sit on the far right and far left, respectively.
The Supreme Court Terms and Continuity
The Supreme Court of Liberia sits twice a year:
The March Term opens on the second Monday of March;
The October Term begins on the second Monday of October.
These terms last as long as necessary to complete the Court’s business. As such, Chief Justice Yuoh will continue presiding until the end of the current term, unless Chief Justice Designate Gbeisay is appointed and commissioned sooner.
Why This Matters
For many Liberians, the judicial system can seem distant and complex. But understanding these transitions is keen to appreciating how our democracy functions.
The orderly retirement, transparent nomination, and ceremonial handover are not just traditions-they are constitutional safeguards that protect judicial independence and uphold the rule of law.
As Liberia anticipates the formal induction of its next Chief Justice, citizens are encouraged to observe and appreciate this process-a proud display of constitutional governance in action.
The role of the Chief Justice is one of immense responsibility, from interpreting the Constitution to guiding the nation’s highest court.
As the country looks forward to the next chapter of judicial leadership, it is vital for all Liberians to stay informed and engaged in this peaceful and principled transition.