Monrovia – There is a dangling confusion over this year’s presidential and general elections as the Supreme Court has ruled the controversial National Code of Conduct as a constitutional instrument, thereby, barring some cash spending candidates from contesting the presidential election.
Report by Bettie Johnson-Mbayo – [email protected]
“The Act is not, in our opinion, repugnant to, or in conflict with any provision of the Constitution to warrant its declaration as being unconstitutional as contends by the appellee/petitioner” Supreme Court
Prominent of among those being affected are former Central Bank Governor, J. Mills Jones and Coca-Cola executive Alexander Cummings.
Jones’ political party says it is not disturbed by the ruling; in their view, it doesn’t stop their candidate from partaking in the election.
The Secretary General of the Movement for Economic Empowerment (MOVEE) – the party formed and headed by Jones – posted on social media:
“I will in due course respond to issues surrounding the Supreme Court Ruling on the code of conduct. But let me be quick to say it doesn’t in anyway stop Dr. Jones from contesting October 2017 elections.
The first point I would like to make on this matter is our laws are not retroactive to pursue people like Dr. Jones that were in positions before the code of conduct was passed into law. Hope you understand.”
Alexander Cummings Alternative National Congress (ANC) has also not commented on the Supreme Court’s ruling, noting it would do so in the course of the week.
Cummings was named by President Ellen Johnson Sirleaf as a non-statutory member on the Board of Directors of the Bookers Washington Institute.
But Taa Wongbe, an aide to Cummings told FrontPageAfrica that Cummings never accepted the position, hence he never attended any of BWI Board meetings.
However, Jonathan Pay-Leyleh who serves as president of the alumni association of the institute confirmed to FrontPageAfrica that Cummings serves on the Board as a non-statutory member.
The National Code of Conduct was taken before the Supreme Court by Selena Polson-Mappy, former Superintendent of Bong County, contending that it hindered her constitutional right to contest elections in the country and should therefore be ruled unconstitutional.
Her lawyers argued that Section 5.2 of the Code of Conduct Act is discriminatory, arbitrary and capricious and tantamount to amending the eligibility provisions of the Liberian Constitution for public officials to qualify as candidates for public offices.
Section 5.2 of the Code states: “Any other official appointed by the President who holds a tenured position and desires to contest for public elective office shall resign said post three (3) years prior to the date of such public elections”
In a ruling which was dissented by two of the Justices of the Bench, the majority which included Chief Justice, Francis S. Korkpor, Sr., Kabineh Ja’neh and Sie-A-Nyene Gyapay Yuoh ruled in favor of the code of conduct.
Justice Philip Banks and Jamesetta Wolokollie dissented.
According to the Supreme Court ruling, the Code of Conduct was enacted in the wisdom of the National Legislature in the supreme interest of the Liberian people to protect the resources of the country from abuse by public officials. It was also intended to create a level political field for all contesting the candidates.
“The Act is not, in our opinion, repugnant to, or in conflict with any provision of the Constitution to warrant its declaration as being unconstitutional as contends by the appellee/petitioner,” the Supreme Court noted.
The Court’s judgment also made operational the office of the Ombudsman, which the Act authorizes to receive and investigate all complaints in respect to the adherence to the Act. Appeals would be taken to before the entire bench of the Supreme Court.
The Ombudsman is a group of persons appointed or authorized by the President of the Republic of Liberia and confirmed by the Senate to enforce, oversee, monitor and evaluate adherence to the Code of Conduct.
Such individual or group of persons shall receive and investigate complaints against Public Officials, Employees of Government and national institutions.
Part XII, 12.1 of the code regulations creating the office of the Ombudsman states that office of an Ombudsman is established as an independent autonomous body which shall be responsible for the enforcement, oversight, monitoring and evaluation of the adherence to the Code of Conduct.
Section 12.2 states: “The Office of Ombudsman shall receive and investigate all complaints, in respect to the adherence to the Code of Conduct.
In the case where there is a determination of guilt and violation of the code by private and Public Officials and Employees of Government, said violation shall be submitted by the Ombudsman to the Liberia Anti-Corruption Commission (LACC) or other relevant Agencies of Government.
The Office of the Ombudsman shall be responsible to collaborate with the three Branches of Government and Civil Society Organizations in order to develop regulations for the Code of Conduct.”
Counselor Negbalee Warner, the recently-appointed Dean of the Louis Arthur Grimes School of Law, who represented the petitioners, said it’s the court decision and such could not be questioned.
Mappy told FrontPageAfrica Friday that she was saddened by the ruling.
Mr. Romeo Quiah, Superintendent of Sinoe County expressed outrage over the court’s opinion on grounds that the court should have ruled a long time.
I spent a lot of money and the court will allow my money lost like that this is frustrating”.