OPINION: Justice Nagbe’s Request for Early Retirement and Cllr. Dean’s Nomination as His Successor: My Perspective
MONROVIA-JAN-1-TNR–A firestorm of controversy has ignited since news broke of the “retirement” of Justice Joseph Nyenetue Nagbe due to ill health and the nomination by the President of Cllr. Frank Musa Dean to succeed him. The controversy centers around the legality of the “retirement” as well as the timing of the nomination.
The arguments are that Justice Nagbe is not qualified for retirement because he does not satisfy the requirements for retirement as provided for under the New Judiciary Law and that a lame-duck President can not nominate or appoint his successor.
I will construct my argument on three issues which are germane to providing an understanding of the controversy:
- Does Justice Nagbe’s request for retirement meet the legal requirements for the retirement of Justices of the Supreme Court?
- If not, can the President exercise his executive authority to grant him a special dispensation for retirement?
- Whether or not the President’s powers to nominate and appoint officials of government are limited at any time during his tenure?
Issue #1 presents a question of Justice Nagbe’s eligibility for retirement. But here
are the facts upon which a determination can be made as to his qualification for retirement, or upon which the retirement law can be applied. Justice Nagbe was appointed to the Supreme Court in June 2018, about five and half years ago. He did not serve in any other judicial capacity. He was a legal practitioner and later a Representative for two years and a Senator for twelve and half years.
Section 13.4 of the Judiciary Law – Title 17 – the Liberian Code of Laws Revised, provides in Subsection 3 (sic) that “Any Justice, judge or stipendiary magistrate … who has served continuously for 10 years or more in any such capacity and has been certified, after appropriate physical or mental examination by competent medical authorities that he has become permanently disabled from performing his duties, or who has completed at least 25 years of continuous judicial service or at least 30 years of cumulative judicial service, may retire from regular active service with the right to receive a retirement pension….”
That’s what the law says. Even though Justice Nagbe has 20 years of cumulative public or government service both in the Legislature and the Judiciary, he served only five and half of those years in the Judiciary; that’s four and half years short of the tenure requirement for retirement. This is the only eligibility requirement for retirement, and he falls short of that.
Issue #2 pertains to and brings to focus the executive authority of the President as head of state and head of government.
“The Executive Power of the Republic shall be vested in the President who shall be Head of State, Head of Government and Commander-in-Chief of the Armed Forces of Liberia.” Constitution of Liberia, Article 50.
As “Head of State and Head of Government,” the constitution gives the President enormous powers, called the enumerated powers of the President. Some of such powers are found in Article 59 of the constitution: “The President may remit any public forfeiture and penalties, suspend any fines and sentences, grant reprieves and pardons, and restore civil rights after conviction for all public offenses, except impeachment.”
Coming with the enumerated powers of the President are unenumerated powers, which follow from the interpretation of the enumerated powers. For simplicity, unenumerated powers are implied powers or powers not individually listed in the constitution. Issuing Executive Orders, for instance, is an unenumerated or implied power of the President.
Unenumerated powers are implied powers, and in the exercise of them, the President must act lawfully (paraphrased), as opined by the U. S. Supreme Court in the President Harry Truman’s Steel Factory Seizure Case of 1952.
And the reasoning for unenumerated powers is that if the President is the head of state and head of government, and has inherent or enumerated powers (i.e. constitutionally) to do certain things, then it follows that the President can do other lawful things arising from or consequential to those enumerated powers. So, if the President, for example, can “grant reprieves and pardons, and restore civil rights after conviction for all public offenses,” in exercise of his enumerated powers, then it follows that the President can also grant certain unenumerated rights or benefits to public officials and ordinary Liberians. Therefore, the President can grant Justice Nagbe retirement, which is lawful.
And thanks to the President for granting his request for retirement. I believe, in making this decision, the President gave due consideration to Justice Nagbe’s cumulative 20 years of public service, and the untold hardship that he would suffer — even to the detriment of his life — if he had no income to take care of himself and pay his medical bills. Remember, Justice Nagbe got sick while serving his country.
As to issue #3, which is the most straightforward of the three, the President is the President for six years, beginning at noon on the third working Monday of January 2018 and ending at noon on the third working Monday of January 2024, and can perform all his constitutionally assigned functions, including implied functions arising therefrom, until the end of his tenure or his last day in office.
In other words, there is no constitutional prohibition or limitation on the powers and authority of the President until he leaves office. So, the President acted in his constitutional authority to nominate Cllr. Dean as Associate Justice. And this act of the President can not be questioned by any other Branch of the Government, under the political question doctrine, because it’s not unconstitutional.
The problem with that nomination, however, is that the Senate may not have ample time to diligently vet the nominee for this high-profile position. We are in a special session lasting only two weeks, with one week gone already.
Senator Augustine S. Chea
Vice Chair
Senate Judiciary Committee
That is really attention-grabbing, You’re a very skilled blogger.
I have joined your rss feed and stay up for in search of extra of your great post.
Additionally, I have shared your site in my social networks
I’ve read some good stuff here. Definitely price bookmarking for revisiting.
I wonder how a lot effort you set to make one of these fantastic informative
website.
بهترین مرکز فیلر لب در تهران
of course like your website but you need to check the spelling on quite a few of your posts.
Several of them are rife with spelling issues
and I find it very troublesome to inform the reality however I will
certainly come again again.
Thanks a lot for sharing this with all folks you actually know
what you are speaking about! Bookmarked. Please additionally consult with my site
=). We may have a hyperlink alternate arrangement between us
I certainly agree with you Senator, but my only doubt is the retirement age according to the constitution which Justice Nagbe has not satisfied. He worked for twelve years as a Senator, that’s another branch of government while the constitution days at least 10 years in the judicial branch of government, so senator I still believe that there’s still an ambiguity which needs more clarification. Thanks for this informative article.
When some one searches for his essential thing, therefore he/she needs to be available that in detail,
therefore that thing is maintained over here.
Hey There. I found your blog using msn. This is a very well written article.
I’ll make sure to bookmark it and return to read more of
your useful information. Thanks for the post. I will certainly comeback.
It is not my first time to go to see this website, i am browsing this web
page dailly and get nice information from here all the time.
Its like you read my mind! You appear to know a lot about this, like you wrote
the book in it or something. I think that you could do with a few pics to drive
the message home a bit, but other than that, this is wonderful blog.
A fantastic read. I’ll definitely be back.
I think everything said made a lot of sense.
However, consider this, what if you were to create
a killer post title? I am not saying your information isn’t solid., however what if you added
a headline that grabbed a person’s attention? I mean OPINION: Justice Nagbe's
Request for Early Retirement and Cllr. Dean's Nomination as His Successor:
My Perspective – NewRepublicLiberia- News on Liberia is kinda plain. You ought to look at Yahoo’s home page and watch how they create post
headlines to grab people to click. You might try adding a video or a related
picture or two to get readers interested about everything’ve written. Just my opinion, it would bring your blog a
little livelier.
Great article! We are linking to this great article on our site.
Keep up the good writing.
Thanks for sharing your thoughts on best keto bhb gummies.
Regards
Hello mates, how is all, and what you would like
to say about this piece of writing, in my view its really remarkable in favor of me.
Howdy! Quick question that’s entirely off topic.
Do you know how to make your site mobile friendly?
My web site looks weird when viewing from my iphone 4.
I’m trying to find a theme or plugin that might be able to fix this issue.
If you have any recommendations, please share. Appreciate it!
magnificent submit, very informative. I ponder why the
other specialists of this sector do not understand this.
You must continue your writing. I am confident, you’ve a huge readers’ base
already!
I couldn’t resist commenting. Perfectly written!
Thanks for another informative blog. Where else could I am getting that kind
of information written in such an ideal approach? I’ve a venture that I am just now operating on, and I have
been at the look out for such info.
Pretty nice post. I just stumbled upon your weblog and wished to say that I’ve really enjoyed browsing
your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again soon!
Excellent post. I am dealing with a few of these issues as well..
Oh my goodness! Amazing article dude! Thank you, However I am having problems
with your RSS. I don’t understand the reason why I can’t subscribe to
it. Is there anybody having identical RSS issues? Anyone that knows the
answer can you kindly respond? Thanks!!
Thank you a bunch for sharing this with all of us you actually understand what you are speaking approximately!
Bookmarked. Please additionally seek advice from my website =).
We may have a link change contract between us
If you desire to improve your familiarity just keep visiting this site and be updated with the newest gossip posted here.
If some one wants to be updated with most up-to-date technologies afterward he
must be visit this web site and be up to date daily.
I take pleasure in, result in I discovered just what I was looking for.
You have ended my four day long hunt! God Bless you man. Have a great day.
Bye
This is my first time pay a quick visit at
here and i am actually happy to read all at alone place.
My brother recommended I might like this website.
He was entirely right. This post truly made my day.
You cann’t imagine just how much time I had spent for this info!
Thanks!
Hi there, I found your blog via Google at the same time as looking for a similar topic, your site came up, it looks good.
I’ve bookmarked it in my google bookmarks.
Hello there, simply become aware of your blog via Google, and located that it is
truly informative. I am gonna be careful for brussels.
I’ll be grateful for those who continue this in future. A lot of folks might be benefited from
your writing. Cheers!
I’m gone to inform my little brother, that he should also go to see this website on regular basis to obtain updated from newest news update.
Highly energetic post, I loved that a lot. Will there be a part 2?
hi!,I really like your writing so a lot! percentage we communicate more approximately your post on AOL?
I need an expert on this space to unravel my problem.
Maybe that is you! Taking a look ahead to peer you.
I all the time used to study post in news papers but now as I am
a user of net therefore from now I am using net for content, thanks to web.
This is a topic that’s close to my heart… Thank you!
Exactly where are your contact details though?
Howdy! Do you know if they make any plugins to protect against hackers?
I’m kinda paranoid about losing everything I’ve worked hard on. Any
recommendations?
always i usedd tо rеad smɑller articles
оr reviews whicһ aⅼso clear tһeir motive, аnd thatt iѕ ɑlso happening with this paragraph ԝhich I am reading here.
mʏ page: beste pre workout
Hello everyone, it’s my first visit at this web site, and paragraph is genuinely fruitful
in support of me, keep up posting these types of articles.
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to
my blog that automatically tweet my newest twitter updates.
I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience
with something like this. Please let me know if you run into anything.
I truly enjoy reading your blog and I look forward to your new updates.
Also visit my web page – site
Its like you read my mind! You seem to know so much about this, like you
wrote the book in it or something. I think that you could do with some pics to drive the message home a little bit, but other
than that, this is fantastic blog. A great read. I’ll definitely be back.
Link exchange is nothing else but it is only placing the other person’s blog link on your page
at suitable place and other person will also do same in favor of you.
excellent post, very informative. I wonder why the opposite experts of this sector don’t
understand this. You should proceed your writing. I’m sure, you
have a great readers’ base already!
My partner and I absolutely love your blog and find many of your post’s
to be just what I’m looking for. Does one offer guest writers to write content in your case?
I wouldn’t mind producing a post or elaborating on many of the subjects you write in relation to here.
Again, awesome website!
I’m extremely impressed with your writing skills and also with the layout on your blog.
Is this a paid theme or did you customize it yourself?
Anyway keep up the excellent quality writing, it is rare to see a nice blog like this
one today. https://forum.Atwimamponuarb.com/profile.php?id=256476
Keep on working, great job!
Thank you for the auspicious writeup. It in fact
was a amusement account it. Look advanced to far added agreeable from you!
However, how can we communicate?
I am in fact grateful to the owner of this web page
who has shared this enormous article at at this time.
I think that is one of the so much significant information for me.
And i’m glad reading your article. But want to observation on few common issues,
The site taste is perfect, the articles is actually excellent : D.
Excellent task, cheers
She’s cool with you cumming inside her, which really is
a pretty big deal. It’s great to possess intercourse, but it’s better still
when you’re able to just let it all out and have a great climax.
Maybe it’s a secure day, or maybe she’s on birth control, but
in any event she’s down from it. All you value is that you’re able
to give her all of your sperm, like you were trying to make a baby.
Everybody knows how it is when you’re within the zone and
it’s really hard to grab!
I’m excited to disdover this web site. I wanted to thank you for your time due to this woderful read!!
I definitely liked every bbit of it and i also have you
book-marked to look at new information on your web site.
web page
Plying pokies through the use of superior methods is the
artwork to defeat your competitor and to mak your house.
Evefything you must comprehend it isn’t just knowing from little
league, for the rationale thaat around trying to pay footballing gaming you must notice
the tacdtic for performing hockey bets, no variety of just about
all hockey wagering people who truly underestimate it soccer bsts technique,
nevertheless the process participating in soccer betting is indeed
quite important on your victory that you’ll without difficulty get and also you even have in the
event that indeed you perceive the specifics with enjoying sports activities wagering,
simply becase for anyone who would like to enghage in folotball enjoying, after
that everyone see the typpe of collaborating in soccer gambling to start
out with, since by way of discovering out them you’ll conveniently earn,
throughout enjoying basketball casino. With proper decorations, attires,
activities, foods,and drinks, you may givee alll guests and visitorrs a motive
to get glad and really feel like enjoying in Las Vegas.
It’s actually a nice and useful piece of
information. I am happy that you just shared this useful info with us.
Please stay us informed like this. Thank you for sharing.
Great beat ! I would like to apprentice while you amend your
website, how could i subscribe for a blog web
site? The account helped me a acceptable deal. I had
been a little bit acquainted of this your broadcast offered bright
clear idea
I truly enjoy reading posts that provoke thought in both men and women. I also appreciate you letting me add a comment!
My spouse and I stumbled over here by a different website and thought I might check things out.
I like what I see so i am just following you. Look forward to
looking into your web page again. https://Dublinohiousa.gov/
Greetings! Very useful advice in this particular article!
It is the little changes that will make the most significant changes.
Thanks a lot for sharing!
It is appropriate time to make a few plans for the long run and it
is time to be happy. I have read this submit and
if I may I wish to counsel you some interesting issues
or suggestions. Maybe you could write next
articles regarding this article. I desire to read
even more things approximately it!
Hi i am kavin, its my first time to commenting anywhere, when i read this article i thought i could
also create comment due to this good paragraph.
Piece of writing writing is also a fun, if you know afterward you can write
or else it is complex to write.
I really like your blog.. very nice colors & theme.
Did you make this website yourself or did you hire someone to
do it for you? Plz reply as I’m looking to design my own blog and would like to find out where u got this from.
kudos
Great beat ! I would lіke to apprentice while yoou amend your site, һow can i
subscribe for a bloog website? Ꭲhe account helped mе a acceptable deal.
I hаd bеen tiiny bit acquainted of thiѕ yoսr broadcast offered bright
clear idea
Also visit mmy web blog: pre workout bestellen
bookmarked!!, I love your site!
I’m really enjoying the theme/design of your website. Do you
ever run into any internet browser compatibility issues? A
number of my blog visitors have complained about my site
not operating correctly in Explorer but looks great in Opera.
Do you have any suggestions to help fix this problem?
Generally I do not read article on blogs, however I wish to say that
this write-up very pressured me to check out and do so!
Your writing style has been amazed me. Thank you, quite
nice article.
Hi, I do think this is a great blog. I stumbledupon it 😉
I’m going to revisit yet again since I book marked it.
Money and freedom is the greatest way to change, may
you be rich and continue to help other people.
What i don’t reaize is if truth be told how you’re no longer really
much more well-preferred than you mmight be
right now. You are very intelligent. You understand
thus significantlyy on the subject of this subject, made me individually imagine
it from so many varied angles. Its like men and women aren’t interested unless it’s one thing to accomplish with Lady gaga!
Your individual stuffs outstanding. All the time take care of
it up!
I think the admin of this web page is in fact working hard in support of his website,
for the reason that here every material is quality based data.
Appreciation to my father who stated to me concerning this weblog, this webpage
is actually amazing.
I’m not sure why but this site is loading very slow for me.
Is anyone else having this problem or is it a problem on my end?
I’ll check back later and see if the problem still exists.
My web blog – binary options
Howdy I am so happy I found your website, I really found you by error,
while I was searching on Aol for something else, Regardless I am here now and would just like to say thanks for a tremendous post and a all round thrilling blog (I also love
the theme/design), I don’t have time to read it
all at the moment but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read more, Please do keep up the superb
jo.
I’m extremely impressed with your writing skills as well as with the layout on your weblog.
Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it is rare to see a
nice blog like this one nowadays.
Even though many cities around the world are improving the lives
of their citizens and preparing for a more sustainable future with new technology, there are still several futuristic megaprojects underway that are poised to transform cities forever.
In the next decade or so, the world will see projects like the Hyperloop or the international thermonuclear experimental reactor in France becoming
a reality.
And let’s not forget, Nasa’s planned mission to Mars bounces back from global challenges.
The industry stands on the brink of monument before we start, though,
make sure to give this video a thumbs up if you enjoy it.
Subscribe to most extreme and hit the Bell icon for notifications.
Now let’s get into it.
https://www.youtube.com/watch?v=hFAoqVtdcWI&ab_channel=LoyalLuxury
Hi there, of course this article is truly nice and I have
learned lot of things from it regarding blogging. thanks.
I love looking through a post that can make people think.
Also, thank you for allowing for me to comment!
Hurrah! At last I got a weblog from where I be able to in fact take valuable data
regarding my study and knowledge.
This is my first time visit at here and i am really happy
to read everthing at one place.
It’s really a nice and useful piece of info. I’m satisfied that you simply shared
this helpful info with us. Please keep us informed like this.
Thank you for sharing.
Awesome! Its really amazing post, I have got much clear idea about from
this post.
of course like your website however you have
to test the spelling on quite a few of your posts.
A number of them are rife with spelling issues and I in finding it very bothersome to inform the truth on the other hand I’ll surely come again again.
I’ve been surfing online more than 3 hours as of late, but I by no means discovered
any fascinating article like yours. It’s beautiful value sufficient for me.
Personally, if all website owners and bloggers made excellent content material as you did, the net will be much more helpful than ever before.
Yes! Finally something about Syair Sdy.
Hey! I know this is kinda off topic but I’d figured I’d ask.
Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa?
My blog discusses a lot of the same subjects as yours and I believe we could greatly
benefit from each other. If you’re interested feel free to shoot me an e-mail.
I look forward to hearing from you! Wonderful blog by the way!
Dear newrepublicliberia.com administrator, You always provide clear explanations and definitions.
Sight Care is a natural supplement designed to improve eyesight and reduce dark blindness. With its potent blend of ingredients. https://sightcarebuynow.us/
I’m really enjoying the design and layout of your website.
It’s a very easy on the eyes which makes it much more pleasant for
me to come here and visit more often. Did you hire
out a developer to create your theme? Great work!
Having read this I believed it was rather informative.
I appreciate you taking the time and effort to put this content together.
I once again find myself spending a lot of time both reading and leaving
comments. But so what, it was still worth it!
This piece of writing is in fact a good one it assists new the web viewers, who are wishing in favor of
blogging.
This is my first time pay a visit at here and i am truly impressed to
read all at alone place.
You are so awesome! I do not suppose I’ve read through something like that before.
So wonderful to find someone with some genuine thoughts on this issue.
Really.. thank you for starting this up. This web site is something
that is required on the internet, someone with a little originality!
It is perfect time to make some plans for the long run and it’s time to be happy.
I have learn this submit and if I could I desire to suggest you some attention-grabbing things or suggestions.
Maybe you can write next articles regarding this article.
I desire to learn more issues about it!
Ridiculous story there. What occurred after?
Good luck!
Hi to every one, for the reason that I am really keen of reading this blog’s post to be updated daily.
It consists of fastidious information.
Excellent post. I was checking constantly this weblog and I am
inspired! Very useful info particularly the ultimate section 🙂
I maintain such information a lot. I used to be seeking this particular information for a long
time. Thanks and good luck.
I blog often and I really thank you for your content. This
article has really peaked my interest. I am going to book mark your site and keep checking for new details
about once a week. I opted in for your Feed as well.
Hello, i think that i saw you visited my web site thus i
came to “return the favor”.I am trying to find things
to improve my website!I suppose its ok to use some of your ideas!!
After looking into a handful of the blog articles on your website, I truly like your technique of blogging.
I book-marked it to my bookmark webpage list and will be checking back soon. Please check out my web site as well
and tell me your opinion.
Hey! Quick question that’s totally off topic. Do you know how to make your site mobile friendly?
My web site looks weird when browsing from my apple iphone.
I’m trying to find a theme or plugin that might be able to resolve this problem.
If you have any recommendations, please share. With thanks!
Exceptional post but I was wanting to know if you could write a litte more on this subject?
I’d be very grateful if you could elaborate a little bit more.
Many thanks!
Good article. I’m dealing with many of these issues as well..
Having read this I thought it was extremely informative. I appreciate you taking the time
and effort to put this content together.
I once again find myself personally spending a significant amount of time both reading and leaving comments.
But so what, it was still worth it!
I truly love your website.. Excellent colors & theme.
Did you develop this amazing site yourself? Please reply back as I’m trying to create my own website
and would love to learn where you got this from or what the
theme is called. Thank you!
Nicely put, With thanks.
Take a look at my web site – Dave Bolno (https://www.blushedrose.com/2023/12/23/david-bolno-from-athletes-to-musicians-a-closer-look-at-a-day-in-the-life-of-a-business-manager/)
Cheers! A lot of material.
my blog post; https://original.newsbreak.com/@mike-1795914/3200237582601-david-bolno-business-manager-to-the-stars-on-growing-in-la
Have you ever considered about including a little bit more than just your
articles? I mean, what you say is fundamental and all. But just
imagine if you added some great photos or video clips to give
your posts more, “pop”! Your content is excellent but with images and clips,
this site could certainly be one of the most beneficial in its niche.
Excellent blog!