The Editor,
The current dysfunction at Liberia’s Legislature presents grave distractions to the smooth operation of the functions of Government as whole and short changes Liberians.
The recent indictment of Speaker Alex Tyler and cohorts for alleged bribery in the Sable Mining saga is troubling not only for the integrity of the Legislature but for the international perception and image of the country.
It is no secret that ordinary Liberians including the international community hold a dismal view of the Government’s financial propriety and accountability regime.
The excuse which is often offered is that basic government systems, procedures and functions were decimated during the civil war and that the country is still re-building and does not have the capacity to hold wrong doers accountable – That excuse is now considered “tired, over-used and without merit.”
If there is veracity to the allegations against such a senior government official as Speaker Tyler, then he must be held to account through the judicial process as is being done. The allegations are so serious that they cast a pall over his ability to effectively conduct the functions of his office with integrity.
In order to maintain the integrity of the Legislature, Speaker Tyler must face the judicial system just like any ordinary Liberian would. He must recuse himself as Speaker and choose to mount his defense like any ordinary person facing such allegations.
It is unreasonable to ask Liberians to continue to maintain any level of trust in the indicted House Speaker at this time since there has been a deep erosion of trust in Speaker Tyler’s ability to effectively lead.
An excerpt of Article 42 of the Liberian Constitution states that “…All official acts done or performed and all statements made in the Chambers of the Legislature shall be privileged, and no Legislator shall be held accountable or punished therefore.”
The allegations against Speaker Tyler contravene the Constitutional protection of this article. The argument by the Speaker that his “troubles” are due to the machinations of his political enemies and the Executive Branch is unreasonable only in the context that he does not enjoy Constitutional protection based on the alleged bribery acts he committed.
In most cases of alleged impropriety involving public officials, the precedent has been to “step aside” until there is a resolution. While there may be some of his colleagues who would want to inflict political retribution against Speaker Tyler, the case for his “recusal” stems from a conflict of interest and unofficial actions of alleged bribery.
Article 34 (J) of the Liberian Constitution, among other things, spells out the powers and functions of the Legislature… “(j) To establish various categories of criminal offenses and provide for the punishment thereof…”
As a member of the Legislature who was elected Speaker, how can Speaker Tyler effectively and impartially continue to preside over the evolution or establishment of various laws for criminal offenses and punishment when he is, in-fact, a defendant in an indictment of the very laws that he is establishing in an ordinary court of law?
The realty of conflict of interest is undeniable. In this matter, the “propriety test” that Speaker Tyler must pass is based on the “perception of a reasonable person: a “well-informed, thoughtful, and objective observer, rather than the hypersensitive, cynical, and suspicious person.”
Reasonable Liberians in and out of the country not only question Speaker Tyler’s impartiality, judgment and exposure to the perception of official financial impropriety but have lost respect for him as a person and as a legislator.
Speaker Tyler must break the current Legislative impasse he is responsible for perpetuating.
For the sake of our country, he must do the honorable thing: recuse himself, go over to the Temple of Justice and clear his name.
In the popular parlance of ordinary Liberians, “his morale is low.”
Emmanuel Abalo,
Former Acting President, Press Union of Liberia (PUL)
[email protected]