Report by Gerald C. Koinyeneh, [email protected]
Monrovia – A move by Liberia’s legislators to determine a new date for the delayed senatorial by-elections for Bong and Montserrado Counties has come under massive criticism by a pro-democracy group.
The group, Elections Coordinating Committee (ECC), says the introduction of a joint resolution by the House and the Senate will be in “breach of the Constitution of Liberia”.
A draft Joint Resolution (LEG-003/2018) of the Senate and House of Representatives of the 54th Legislature calls for the postponement and rescheduling of the May 8, 2018 senatorial by-elections.
The group threatened to challenge the legality of such resolution at the Supreme Court of Liberia if the Legislators push further for a new date.
It says using a legislative resolution as the legal framework for the conduct of the by-elections in the two counties would be unconstitutional.
Oscar Bloh, chairman of the ECC steering committee, said at a news conference on Thursday, May 31, that the group
In a statement, Bloh invoked Article Two of the Liberian Constitution which gives power and authorities over all persons throughout the Republic; “and that any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of this inconsistency be void and of no legal effect; adding that only the Supreme Court, pursuant to its power of judicial review, is empowered to declare any inconsistent laws unconstitutional”.
Similarly, the ECC noted that Article 37 of the Constitution mandates the National Elections Commission (NEC) to conduct the election to fill any vacancy in the Legislature not later than 90 days after the Presiding officer of the Legislature shall have notified the NEC.
“The date for the conduct of the By-election is set in the Statue (New Elections Law) but is grounded in the Constitutional provision cited above. Article 34 (I) of the Liberian Constitution states that the Legislature shall enact the elections law; however, this provision is not applicable here and therefore cannot be used to undo another constitutional provision,” Bloh read in the statement.
“To use a joint Resolution to conduct the By-election will mean an amendment to Article 37 and therefore a breach of the law because an amendment to the Constitution can only be done through a national referendum (Article 91).”
“Joint resolutions are subordinate to the Constitution and if passed into law will contravene Article 2 of the very Constitution that is to be the foundation of the rule of law.”
The ECC recalled that on October 4, 2014, then President Ellen Johnson Sirleaf issued a proclamation declaring the suspension of the Special Senatorial Elections, which sanctioned and authorized by Article 86 (a) and (b) of the Constitution of Liberia (1986).
The ECC further stated that the State of Emergency declared at the time, grew out of the attack by the deadly Ebola virus, which engulfed Liberia, undermining the security of the State and threatening the economy and other social fabrics of the nation.
It noted that the nature of the virus did not create the environment for the holding of free, fair and transparent election.
As a result, the ECC noted that the National Legislature approved a Joint resolution 002 to suspend the October 14, 2014 Special Senatorial Elections.
However, the ECC contended that the circumstances that prevailed in 2014 do not exist in 2018 that would require a Joint Resolution to conduct this year’s by-elections outside of the constitutional period.
It expressed disappointment for what it said some political parties, under the banner of the Inter-Party Consecutive Committee (IPCC) will be seeking unconstitutional means to address constitutional matters and called on all Liberians to condemn such acts.
“The ECC wishes to remind all Liberians that the consolidation of peace and security is depended upon adherence to the rule of law. To conduct this By-election using a Joint Resolution is a dangerous precedent for our democracy that all well-meaning Liberians must not encourage.
“We wish to admonish members of the National Legislature to respect and protect the Constitution by not approving and Joint Resolution,” the ECC warned.