No, the Absence of Justices Does Not Render the SONA Unconstitutional
Claim: “SONA is unconstitutional in the absence of the Chief Justice and all Associates Justices.”
Source: Aloysius Howe, supporter of the opposition Coalition for Democratic Change (CDC)
Verdict: Misleading and incorrect, no law mandates the chief justice and associate justices' presence for the “State of the Nation Address” to take place.
Full Text: Aloysius Howe, former Special Assistant to Samuel Tweah at the Ministry of Finance and Development Planning and supporter of the Coalition for Democratic Change, posted on January 27, 2025, that the absence of the Chief Justice and all Associate Justices of the Supreme Court at the State of the National Address (SONA) is unconstitutional.
Also, Acarous M. Gray, former Representative of District #8 of Montserrado County, posted that the Supreme Court Bench slapped President Joseph N. Boakai and Richard Koon in the face by rejecting sitting under an illegal Speaker.
This post by Howe generated 75 reactions, 158 comments, and 16 shares, while the Gray post generated as of the time of the check.
The Supreme Court is the head of the judicial branch of the government of the Republic of Liberia; its administrative head and spokesperson is the Chief Justice, who presides over the business of the Court and other ordinary meetings of the judicial. It is composed of five members of the Supreme Court bench—the Chief Justice and four Associate Justices.
Verification: We researched the Constitution of Liberia. Article 58 of the constitution states that "The President shall, on the fourth working Monday in January of each year, present the administration's legislative program for the ensuing year to the Legislature."
This article establishes a specific timeline for the President to outline legislative priorities and initiatives to the legislative body, ensuring that there is a structured approach to governance and legislative planning each year.
Aside from the legislators, justices, and other public officials, attendance is ceremonial and is not mandatory for them to be present before the event takes place.
We note that the attendance of the Supreme Court Justices at the SONA has been a matter of tradition; it has no legal reliance or constitutional obligation compared to Article 53(a).
The law states in part that “The President and the Vice President shall, before entering on the execution of the duties of their respective offices, take a solemn oath or affirmation to preserve, protect, and defend the Constitution and laws of the Republic and faithfully execute the duties of the office.”
Even so, Article 53(b) provides an alternative where said duty can be performed by a judge.
Facia B. Harris, Attorney-at-The law stated that no government official is mandatorily required to attend the State of the Nation Address (SONA), except for members of the Legislature and invited Executive Branch officers. However, lawmakers, ministers, commissioners, and heads of agencies may be excused for justifiable reasons.
Conclusion: Based on our research, while the absence of the Chief Justice and Associate raises questions about tradition and judicial engagement with the political process, it does not inherently render the SONA unconstitutional under current interpretations of constitutional law. Therefore, Howe’s claim is misleading.
