As part of his ongoing call for judicial reform, Montserrado County Senator Abraham Darius Dillon continues to raise concerns over what he considers an injustice within Liberia’s judicial system regarding petitions for writs of prohibition.
Senator Dillon says he finds it difficult to understand the legal authority that allows a single Associate Justice, serving as Justice in Chambers, to deny a writ of prohibition without providing the petitioner an opportunity to appeal the decision before the Full Bench of the Supreme Court.
The lawmaker argued that such practice undermines access to justice and called for reforms to prevent a sole Justice in Chambers from having final authority to reject petitions for writs of prohibition without review by the Full Bench.
According to Senator Dillon, parties whose petitions are denied by a Justice in Chambers should have the right to appeal to the Full Bench of the Supreme Court. He believes justice would be better served if the entire Court had the opportunity to determine whether to grant or deny a writ of prohibition.
The Senator disclosed that he has, on numerous occasions, sought clarification from legal practitioners, including judges, regarding the legal foundation for such authority, but has yet to receive a satisfactory explanation.
Dillon noted that he first raised the issue during the confirmation hearing of former Chief Justice Sie-A-Nyene G. Yuoh, during the administration of former President George Weah.
He added that he also raised similar concerns during the confirmation hearings of Chief Justice Yamie Quiqui Gbeisay, both as Associate Justice under the Weah administration and later as Chief Justice under the current administration. However, he said neither proceeding provided a clear explanation of the legal authority permitting a Justice in Chambers to deny a writ of prohibition without recourse to the Full Bench.
“Up to now, I have not received a clear answer. Therefore, there is a need for judicial reform legislation that clearly defines the powers of a Justice in Chambers and ensures that a writ of prohibition cannot be denied solely by one Justice without review by the Full Bench of the Supreme Court,” Senator Dillon stated.
