Monrovia – When the Executive Branch of Government in 2009 submitted a bill – the Code of Conduct to the National Legislature for passage into law, the Code received huge public commendations especially some provisions regarding the conduct of public officials whom many see as acting above the very law they make.
After years of massive work in towns and villages across Liberia followed by the establishment of the Movement for Economic Empowerment, the Supreme Court of Liberia seems to have ended the 2017 presidential hopes of Dr. J. Mills Jones and others including, Dr. Jallah Barbu, Bong Superintendent Mappy and others after an opinion dismissing a petition against a provision in the Code of Conduct law passed by the National Legislature requiring appointed officials of the executive branch of government to resign their positions two years prior to any election they wish to contest.
Some provisions of the Code of Conduct including Section 9.1 prohibits public officials from taking bribes and gifts. It also prohibits receiving or encouraging the giving of any form of bribe or casual gift in connection with the performance of his/her duties, whether for himself or herself or members of his or her family.
The Code of Conduct was in good shape with some interesting provisions including Section 11.3 on Sexual Harassment, which frowns on unethical and unbecoming behavior such as the use of rude, abusive and obscene language, indecent dressing, and sexual gestures which constitute sexual harassment and violation of human dignity and human rights.
For many Liberians, the Code of Conduct was about to reduce the excessive power exercised by public officials, setting a limit to their actions by providing sanctions for would be violators. Section 13.1 provides protection from reprisal or discipline, for public officials and employees of Government who, in good faith, report allegations of wrong doing in contravention of the Code of Conduct.
At the Legislature, the lawmakers, exercising their rights as provided for in Article 90 (c ) of the constitution made additions to the Conduce of Conduct .
Article 90 (c) of the Constitution provides : “The Legislature shall 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.”
Sticky provisions harm many
Some sticky provisions in the Code of Conduct are now serving as obstacle to the political dream of many individuals.
The Code of Conduct in Part V: Political Participation states “5.1 All Officials appointed by the President of the Republic of Liberia shall not: a) engage in political activities, canvass or contest for elected offices; b) use Government facilities, equipment or resources in support of partisan or political activities; c) serve on a campaign team of any political party, or the campaign of any independent candidate”.
For some this provision of the Code of Conduct was susceptible to challenge at the Supreme Court with its constitutionality under question.
But as of last Thursday, an opinion by the Supreme Court of Liberia has now dashed the hopes of several including former Governor of Central Bank of Liberia Dr. J. Mills Jones, Bong County Superintendent Selina Polson Mappy, Dr. Jallah Barbu and several including any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President pursuant to article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors.
A civil society organization, Citizens Solidarity Council (CSC) through its Chairman, James Brooks filed a petition before the Supreme Court against the Government of Liberia by and thru the Ministry of Justice and Attorney General of the Republic of Liberia, contesting the constitutionality of a provision of the Code of Conduct.
After the writ was filed, the Ministry of Justice filed a response against the writ to the Supreme Court, asking the court to dismiss the writ as the group, through its Chairman Brooks, has no capacity to file such a lawsuit against the government.
Following lengthy legal review of the petition, the Supreme Court voted 3 consenting and 2 dissenting in throwing out the petition.
In law, a dissent by a justice can sometimes serve as a basis for decision in future cases sometimes of similar nature and Justice Philip A.Z. Banks in his dissent stated that the high court did not dwell into the substantive issues of the case.
Chief Justice Francis Kporkor in his opinion declared that CSC through its Chairman, Brooks did not have the capacity to file the petition against the Code of Conduct, an indication that his opinion might have been largely based on procedural rather than substantive issues of law although FrontPageAfrica is yet to get a full copy of the opinion.
Under the Liberian legal system, the Supreme Court or a judge can rule on the basis of procedural or substantive issues of law. On the basis of substantive issues, the judge looks at the legal issues raised in a petition while the procedural takes into consideration the process-who is filling the petition, how the petition is filled and other processes. In either instance the decision of the court is still binding and enforceable.
Jones’ political demise?
The opinion of the Supreme Court has now become a binding precedent under the legal jurisdiction of Liberia and the court will have to use its recent ruling to decide cases of similar nature which might arise sometimes in the future.
The current decision will look to reduce the hopes of others who might be contemplating filing similar petition against the provision of the Code of Conduct.
While serving as Governor of the Central Bank, Dr. Jones embarked on a vigorous campaign to take the CBL loan scheme to towns and villages across Liberia, where his popularity started to grow much to the displeasure of some lawmakers who called for an audit of the CBL and the entire loan scheme.
In May, Dr. Jones accepted a petition from a group of Liberians to contest the presidency in 2017, promising to provide jobs and ensure that Liberians are prime actors of their economy.
“Ensuring Liberians become prime actors in the Liberian economy is an idea whose time has come. We will use fiscal policy, monetary policy, trade policy and investment policy to reinforce each other so that their total impact will advance Liberian participation and ensure greater ownership of the Liberian economy at all levels”, Dr. Jones declared at a colorful program to mark his acceptance of a petition to contest the Presidency held on Wednesday May 25, 2016 at the Paynesville Town Hall.
Dr. Jones who served as Governor of the Central Bank for 10 years left the bank last February falling short of the two years clause in the Code of Conduct for those appointed by the president wishing to contest elective post to resign two years prior to the election.
Dr. Barbu in legal dragnet
Another presidential candidate that will be affected by the opinion of the Supreme Court is Dr. Jallah A. Barbu who has declared his ambition to contest the presidency.
Dr. Barbu, a constitutional lawyer who is currently the only Liberian in-country with a Doctorate degree in law is expected to face the wrath of the law he knows well as the opinion by the high court will end his dream of becoming president.
Dr. Barbu resigned from the Law Reform Commission where he has been serving as Chairperson in May 2016, making him to fall short of the two-years requirement as per the Code of Conduct Law.
Upon his resignation from the Law Reform Commission, Dr. Barbu in June declared that he will be contesting the presidency in 2017.
“Having therefore consulted you and receiving from you the unwavering affirmation that I fit the criteria set by Dr. Harry Moniba (LINU founding father) now deceased and reechoed by you I do hereby now declare to the people of the Republic of Liberia and the World that I Cllr. /Dr. Jallah A. Barbu, a humble son of this Republic, I am contesting for the presidency of Liberia in the presidential election scheduled for October 10, 2017”, Dr. Barbu said.
According to him, there is a leadership vacuum and he is hoping to fill the gap.
Dr. Barbu said: “The fact that prior to today we have had several individuals express their desire to contest the presidency, yet the people of this country have generally remain reluctant to participate in the electoral process, clearly speaks to the dire need of people for genuine leaders”.
But now that big dream looks farfetched.
Superintendent Mappy dealt a blow
Bong County Superintendent Selina Polson Mappy is another name that has been dealt a big blow. The Superintendent has been working over the last period solidifying her position to contest the seat currently held by Representative Bill A. Corneh.
Some citizens from the Bong District say the Superintendent is a strong force in the ensuing election and when she is finally out of the race it will be a boost to her opponents.
Superintendent Mappy who was suspended over allegations of corruption was reinstated in early May by President Sirleaf.
Madam Mappy was suspended in December 2015 by President Sirleaf on allegation of the misapplication of funds meant for the Feasibility Study for Gbarnga Streets.
President Sirleaf in a communication informed Superintendent Mappy that an April 20, 2016 letter from the Executive Chairman of the Liberia Anti-Corruption Commission advised that investigation into the allegation established no conduct of criminal culpability and therefore vindicated her and sealed the investigation into the matter.
“On the basis of this conclusion, you are hereby reinstated to the position of Superintendent of Bong County and hereby urge you to take into account the sentiments of the population, existing laws and policies as you consider your future endeavors”, President Sirleaf told Superintendent Mappy during the restatement.
Another name likely to be affected by the high court’s decision is Nagbe Sloh Deputy Minister of Information at the Ministry of Information, Culture and Tourism who is believed to contesting a legislative seat in Sinoe County.
The opinion by the Supreme Court is a big decision that will continue to be discussed ahead of the 2017 general and presidential elections.
Samwar S. Fallah, [email protected]