MONROVIA – A provision of Liberia’s law establishing the National Anti-Corruption Court has come under renewed scrutiny after a member of the House of Representatives questioned whether it undermines the constitutional right to the presumption of innocence.
By Emmanuel Weedee-Conway
Montserrado County District 14 Representative Muka Kamara has called on the Legislature to review Section 5 of Title 17(a) of the Revised Liberian Code of Laws, arguing that its language could come in conflict with protections guaranteed under Liberia’s 1986 Constitution.
In a communication presented to the House of Representatives, Kamara maintained that the section dealing with the presumption of innocence appears to shift the burden of proof from the prosecution to the accused, a move he believes is inconsistent with constitutional principles.
Article 21(h) of the Constitution provides that every person “shall not be compelled to furnish evidence against himself/herself and shall be presumed innocent until the contrary is proved beyond a reasonable doubt.”
Kamara argued that any legal provision that weakens this safeguard risks violating one of the country’s most fundamental constitutional protections.
He also cited Article 2 of the Constitution, which declares the Constitution being the supreme law of the Republic and renders null and void any law that is inconsistent with its provisions.
The communication sparked discussion among lawmakers, with members expressing differing opinions on whether the House could immediately address the issue.
In a brief consideration, several legislators noted that the Anti-Corruption Court law was not formally before the House for amendment or repeal, making it procedurally difficult for Plenary to alter any of its provisions at this stage.
Although no action was taken, the debate highlighted broader concerns about balancing the fight against corruption with the protection of constitutional rights.
Kamara urged his colleagues to undertake a legislative review of the disputed section to ensure that the Anti-Corruption Court law remains fully aligned with the Constitution while preserving the effectiveness of the country’s anti-corruption framework.
The communication was officially noted by Plenary as the House vows to ensure that Liberia’s laws comply with constitutional standards.
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