MONROVIA – The Government of Liberia (GOL), through the Minister of Information, Cultural Affairs and Tourism, Lenn Eugene Nagbe, has challenged members of the Collaborating Political Parties (CPP) Legislative Caucus to institute legal action against the second state of emergency declared by President George Manneh Weah to curb the spread of the Coronavirus pandemic in the country, if they are dissatisfied.
Report by Obediah Johnson, [email protected]
On June 22, President Weah, by proclamation extended the State of Emergency (SOE) by an additional 30 days, in consultation with the National Legislature. The President said the decision will afford the government the opportunity to re-examine its COVID-19 response strategy.
Following the declaration, members of the CPP Legislative Caucus called for the revocation of the State of Emergency on grounds that it has passed the deadline set by the Constitution to be approved by the Legislature.
“We, as members of the CPP Legislative Caucus, wish to bring to the attention of the Liberian people that the State of Emergency as announced by the President of the Republic of Liberia on June 22, 2020 for a 30-day extension has not yet been passed by the National Legislature, as such, it has passed the maximum constitutional time frame to be enforced as provided for in Article 88,” CPP Legislative Caucus Chairman and Bong County district # 7 Representative Joseph Papa Kolleh stated at a news conference held at the Capitol Building last week.
Article 88 of the Liberian Constitution states that: “The President shall, immediately upon the declaration of a state of emergency, but not later than seven days thereafter, lay before the Legislature at its regular session or at a specially convened session, the facts and circumstances leading to such declaration. The Legislature shall within seventy-two hours, by joint resolution voted by two-thirds of the membership of each house, decide whether the proclamation of a state of emergency is justified or whether the measures taken thereunder are appropriate. If the two-thirds vote is not obtained, the emergency automatically shall be revoked. Where the Legislature shall deem it necessary to revoke the state of emergency or to modify the measures taken thereunder, the President shall act accordingly and immediately carry out the decisions of the Legislature.”
According to the lawmakers, the 72-hour deadline has passed and the Legislature, comprising both Houses of Representatives and Senate has not acted on the President’s proclamation, and as such, they would institute measures to ensure the revocation of the state of emergency.
Reaction
“If any member, whether from the CPP or any Liberian believes that there is a violation of the constitution by the President submitting the SOE request to the Legislature, there is an avenue under our constitution and democratic dispensation for you to ask the Supreme Court to interpret because it is a matter of understanding and comprehending what the constitution says”.
– Lenn Eugene Nagbe, Minister of Information, Culture and Tourism
But appearing as guest on the OK Morning Rush Show on OK FM 99.5 in Monrovia on Monday, Minister Nagbe challenged the opposition lawmakers to use the court instead of planning to stage a protest or walk out action against the move made by the Liberian Chief Executive to declare a state of emergency for additional 30 days.
“The President declared the state of emergency and communicated that to the Legislature. The President did not declare the state of emergency out of his desire. He submitted within the constitutional prescribed period. The constitution also says that after the President presents a state of emergency to the National Legislature, they should convene. The Senate shutdown when one of its staffers was tested positive of Covid-19. Did they convene within the prescribed period, I am not sure of that”
“When they convened, the upper House (Senate) passed the proposal from the President declaring the state of emergency in keeping with law. Now that the Senate has done that, it goes to the lower House for deliberation. I don’t what argument those same people who agreed to the first state of emergency have now when we have more cases of Covid-19. But that is an issue of debate in the House of Representatives”.
Minister Nagbe furthered: “If any member, whether from the CPP or any Liberian believes that there is a violation of the constitution by the President submitting the SOE request to the Legislature, there is an avenue under our constitution and democratic dispensation for you to ask the Supreme Court to interpret because it is a matter of understanding and comprehending what the constitution says”.
Fight on the floor
He encouraged lawmakers to engage into debating the state of emergency which has already been endorsed by the Senate, on the floor of the House of Representatives during deliberation, instead of reverting to other actions.
Minister Nagbe maintained that though President Weah declared the state of emergency as a result of the exponential manner and form in which confirmed cases of the coronavirus are escalating, some Liberians, including members of the CPP believed that the Constitution has been violated.
He added that CPP members must use their collectiveness to address the situation they deemed controversy by debating the matter constructively because he believes that the President acted constitutionally.
“I think if any member of the Legislature has any qualm with the state of emergency- the best place to do that is to join the debate on the floor; use your collective power to vote against it and present their reasoning to the people of Liberia. Whenever there is a controversy, try to test the law”.
“The Capitol Building is the house of politics- not protest or go-slow. The exercise of political rights should be at the forefront of all of the activities at the National Legislature. It is your right to sit in without obstructing the functions of the Legislature, or to walk out. I am happy we are at the stage where our democracy has matured-where opposition can walk out of session”.
He intoned: “We shouldn’t forget the purpose of which the President declared a state of emergency. We still have the Coronavirus pandemic which is causing havoc around the world and in our country”.
Minister Nagbe added that President Weah cannot be held liable because members of the National Legislature have not been able to act swiftly following the declaration of the state of emergency.
He stated that a vote much be taken at the House of Representatives to determine the effectuation of additional measures to curb the spread of Covid-19 across the country despite efforts being applied by government and citizens.
He noted that it remains the prerogative of members of the House to endorse or reject the proposal from the President.
“We should not forget that the essence of the state of emergency is for the President to use it to accumulate more powers or any other reason-but for use to use it to effectuate measures to fight Covid-19”.
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