Published: February 13, 2026
MONROVIA — The Supreme Court of Liberia has denied a petition seeking re-argument of its December 18, 2025 decision, affirming that its earlier ruling remains final and binding.
In a judgment delivered Thursday, the High Court held that the petitioners failed to demonstrate the “palpable substantial mistake” required under Rule IX of the Revised Rules of the Supreme Court to justify reopening the case.
The December opinion addressed whether the petitioners were entitled to immunity protections under Article 61 of the Liberian Constitution — a provision that shields the President from certain legal processes while in office. The Court previously ruled that the petitioners were not entitled to such protections.
Limited Grounds for Re-Argument
Under Rule IX, re-argument is permitted only where the Court has inadvertently overlooked a material fact or controlling point of law resulting in a substantial mistake.
During Thursday’s hearing, Counsellors Arthur T. Johnson, M. Wilkins Wright, Norris Tweah and James Kumeh appeared for the petitioners. The respondent was represented by Solicitor General Augustine C. Fayiah, Montserrado County Attorney Richard Scott, and Ministry of Justice lawyers Jerry D. K. Galawolu and Joel Elkenah Theoway.
After reviewing the record and hearing arguments, the Court acknowledged a citation error in its earlier opinion. The December ruling referenced Section 2(g) instead of Section 3(b) of the National Security Intelligence Reform Act concerning the composition of the National Security Council.
However, the justices concluded that the miscitation did not affect the substance or outcome of the decision.
“However, this inadvertence does not affect the conclusion of the Court’s Opinion,” the judgment stated.
Accordingly, the petition for re-argument was denied.
Mandate to Lower Court
The Court ordered the Clerk to issue a mandate directing the lower court to resume jurisdiction and proceed in line with the Supreme Court’s December ruling.
The February 12 judgment was issued under the hand and seal of the Supreme Court and signed by Chief Justice Yamie Quiqui Gbeisay Sr., Associate Justice Yussif D. Kaba and Associate Justice Boakai N. Kanneh.
Two members of the bench did not participate. Associate Justice Jamesetta Howard Wolokolie recused herself due to an affinity with one of the parties. Associate Justice Ceaineh D. Clinton Johnson also recused herself from the hearing and determination of the matter.
With the denial of re-argument, the December 18, 2025 opinion now stands as the Court’s final word on the constitutional immunity question at issue, clearing the way for further proceedings in the lower court.
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