MONROVIA – The recent recommendation by Chief Justice Yamie Quiqui Gbeisay to have his son appointed as an associate magistrate at the Paynesville Magisterial Court, Montserrado County, has generated a wave of criticism from civil society and legal experts, who warn that the move could undermine efforts to reform Liberia’s Judiciary.
In a column published on Tuesday, September 30, 2025, Liberian activist Martin K. N. Kollie argued that while the Chief Justice’s earlier initiative to conduct personnel verification and credential audits was commendable, his defense of his son’s appointment threatens to undo the progress made. “His latest decision to recommend his son for judicial appointment and to even defend such appointment may vitiate his previous effort for reform if caution is not taken,” Kollie wrote.
Chief Justice Gbeisay defended the appointment by stating: “The Constitution gave power to the president to appoint all presidential appointees. What the law does not give, it holds. I recommended my son. The president appointed him. The president was not wrong to appoint my son. I did not do anything wrong. No law is against it.”
Kollie contended that the Chief Justice’s justification, which indirectly invoked the Doctrine of Separation of Powers and the Principle of Legality, fails to address the Restrictive Principle, which is designed to prevent the abuse of power. “The same Constitution that grants such a presidential power to appoint also rebukes nepotism and conflict of interest,” Kollie explained, citing Articles 5 and 90 of the 1986 Constitution.
He emphasized that Article 90(a) and (b) clearly states: “No person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest… [and] prescribe a Code of Conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof.”
Kollie further noted that Article 5(c) requires measures to “eliminate sectionalism and tribalism, and such abuses of power as the misuse of government resources, nepotism and all other corrupt practices.” “It is a conflict of interest for the son of the Chief Justice to serve under his father’s oversight. The referee cannot fairly red card his own son,” Kollie wrote.
The activist also highlighted that Rule 8 of the Code of Moral and Professional Ethics Governing the Legal Profession in Liberia prohibits conflicts of interest, while Section 9.6 of the 2014 Code of Conduct Law forbids public officials from using their positions to pursue private interests. Kollie argued that recommending his son clearly constitutes nepotism as defined in Section 1.3.16 of the law.
According to Kollie, Section 9.7 explicitly bars public officials from recommending family members for positions within agencies or branches where they exercise jurisdiction. “The Chief Justice has jurisdiction over the Judiciary. By recommending his son, he violates 9.7,” Kollie said.
Kollie dismissed the Chief Justice’s analogy comparing his son’s appointment to cases in other government branches, pointing out that those examples do not involve a direct supervisory relationship. “The analogy of the husband of the President for trial judges cannot hold in this case because she is not the head of the Judiciary. There is no evidence she recommended them for positions,” Kollie noted.
The activist urged the Chief Justice to reconsider his recommendation, emphasizing the potential international implications. “If the CJ insists and does not withdraw his recommendation for his son’s appointment, this could be captured in multiple international reports, which would eventually erode the credibility, integrity, and independence of the Judiciary that he presides over,” Kollie wrote.
He warned that allowing the appointment to stand would place the Judiciary under the “gavel of moral decadence and two-facedness,” eroding public trust. “His son serving as an associate magistrate while he is Chief Justice defies the legal principles of ethics, expediency, and legality. You cannot be the referee while your son is a player,” Kollie said.
Kollie drew parallels to ex-President Ellen Johnson Sirleaf’s appointment of her son, Rob Sirleaf, as Board Chairman of NOCAL, which had drawn international criticism. “We provided a counterargument then, and the lessons remain relevant today,” he stated.
Concluding his column, Kollie urged the Chief Justice to act decisively to protect judicial integrity. “Honorable CJ, it is not yet late to correct this. Get it right. If nepotism and conflict of interest were bad yesterday, they are also bad today. We cannot justify it,” Kollie wrote.
Martin K. N. Kollie is a Liberian activist in exile and a student of law. His column hightlights ongoing calls for ethical adherence and transparency within Liberia’s judicial system.
