MONROVIA – The Liberia National Bar Association (LNBA) has differed with the government of Liberia over its decision to conduct the December because, according to them, the government is not proceeding in conformity with Article 91 of the Constitution.
The LNBA has, therefore, called for the postponement of the referendum.
Article 91 of the Constitution provides, amongst other things, that, voting in a referendum be conducted by the Elections Commission not sooner than one year after the action of the Legislature. And Article 92 of the Constitution provides, “Proposed constitutional amendments shall be accompanied by statements setting forth the reasons therefor and shall be published in the Official Gazette and made known to the people through the information services of the Republic.”
The LNBA: “It is the observation of the bar that although the date on the Official Gazette shows that it was published in October 2019, it was not made known to the people through the information services of the Republic until a few months ago. The framers of the Constitution intended for the people to be informed of any proposed amendment to their Constitution one year prior to the day of voting on the proposed amendment in order to be adequately informed before voting yes or no on a proposed amendment. Because the government failed to provide information to the people about the proposed amendment, within the time provided by the Constitution, the bar observes that the majority of the people are confused about the reasons provided for each of the proposed amendment.”
The LNBA further contended that even some of its own members do not have a clear understanding of the reasons for each proposition of the proposed amendment.
“Yet, Liberian lawyers are expected by the rest of the Liberian people to advise them on the importance and relevance of each of the proposed amendment,” the LNBA noted.
According to the LNBA, it has observed that Liberians are more focused with the December 8 special senatorial election.
The LNBA: “Under the current atmosphere of fierce competition amongst candidates of the ruling party and the opposition collaborating political parties to hold a referendum for the sole purpose of amending certain provisions of the Constitution of Liberia will be doing injustice to a sacred process that requires vigorous public education campaign and debate on each proposition. The LNBA, therefore, respectfully calls for a postponement of the referendum to October 2021 to allow for a full-scale public participation; consistent with the law.”
The Minister of State for Presidential Affairs, Mr. Nathaniel McGill in a press conference on Monday said the government would go ahead with the referendum contrary to news in the media and the public that it has been cancelled.
He reiterated the Supreme Court’s ruling that contrary to the government’s intent of condensing the eight propositions mentioned in the Joint Resolution of the Legislature, all eight propositions must be on the ballot paper.
“Under the current atmosphere of fierce competition amongst candidates of the ruling party and the opposition collaborating political parties to hold a referendum for the sole purpose of amending certain provisions of the Constitution of Liberia will be doing injustice to a sacred process that requires vigorous public education campaign and debate on each proposition. The LNBA, therefore, respectfully calls for a postponement of the referendum to October 2021 to allow for a full-scale public participation; consistent with the law.”
– The Liberia National Bar Association
“The referendum will hold in line with the resolution from the House of Representatives and Senate and we will not be following the publication in the gazette from the court, because it’s confusing,” McGill Said.
“Each of the amendments will now go with a ballot paper and the referendum will now go as planned.”
Instead of the official gazette, McGill said government will follow the resolution from the National Legislature to conduct the process.
He argued that the Supreme Court in its ruling, instructed the complainants to revert to the resolution by both houses, instead of the process being halted, as being reported in the public.
“As soon as the Supreme Court came down with its ruling, there were people in the opposition who were celebrating that the referendum is cancelled, the referendum is not cancelled and we will go to vote on December 8,” Minister McGill stressed.
According to Minister McGill, the National Elections Commission has informed the President that it has already started the process of printing ballot for the National Referendum in line with the Supreme Court’s mandate.
Among the proposition, it was proposed that tenures of the president be reduced from six years to five years, Senate from nine years to seven years, representatives from six to five years while elections date be change from the 2nd Tuesday in October to the 2nd Tuesday in November as well as pushing the issue of dual citizenship.
He said these recommendations are not from the President as being perceived, but from Liberians who proposed them during the constitutional review process.
Accordingly, he said there was sufficient awareness made on the process by past leadership of President Ellen Johnson Sirleaf for two years, informing Liberians on the process.
“I say to my friends who say there is no sufficient education, what about the two years that the Government of Liberia took going all over Liberia, led by Glorious Musu Scott, seeking the participation of citizens and we are only implementing what people said?” he opined.
“The President started awareness and our friends said the President was campaigning. I’m pleased to call on all Liberians that the referendum is on course. The referendum will proceed as planned and we are asking all Liberians that these recommendations are not coming from the President but the people of Liberia. Therefore, we are asking all Liberians to vote ‘yes’ to each of the eight prepositions that will be on the ballot.”