Brewerville, Montserrado County – The Rev. Dr. Kortu K. Brown, Pastor of the New Water in the Desert Assembly Apostolic Pentecostal Church says as concerning and troubling as the second opinion of the Supreme Court of Liberia was regarding the controversial Code of Conduct, it does not warrant impeachment of the Chief Justice and his Associates.
The Supreme Court of the Republic of Liberia ruled out of fear that political parties affected by the national Code of Conduct could results to violence if their candidates were rejected.
The Court therefore painstakingly roll over from its previous ruling upholding the Code of Conduct as being consistent with the Constitution of Liberia apparently side-stepping the spirit and intent of the law.
In a statement this week, Rev. Brown said: “We do not think that it warrants the impeachment of Justices of the Supreme Court.”
“We think that the action is untimely and counter-productive to the current transitional democratic dispensation in the country the Supreme Court opinion is also concerning because it calls into questions the commitment of political parties, who seek political power, to the Rule of Law.”
The clergyman opined that if a political party cannot support the rule of law while they campaign for political power, he is particularly concerned about what could happen if they are given political power or control of State apparatus.
For example, he averred, if leaders of political parties cannot abide by the terms and agreements and/or the regulations of the Private Sector Development Initiative (PSDI), what could happen if they took state power?
“The second judicial opinion of the court appears to have sipped excitement out of the official commencement of campaign for President and Members of the House of Representatives as announced by the National Elections Commission (NEC).”
“PART V, Section 5.1 of the Code of Conduct proscribes that “all Officials appointed by the President of the Republic of Liberia shall not: (a) engage in political activities, canvass or contest for elected offices; (b) use Government facilities, equipment or resources in support of partisan or political activities; (c) serve on a campaign team of any political party, or the campaign of any independent candidate”.
PART III of the Code of Conduct, “Principles Of Good Conduct” says “This Code of Conduct has been developed by incorporating the following universally accepted principles of good conduct:
3.1 Selflessness: All Public Officials and Employees of Government in the course of their official duties shall take decisions solely in the interest of the public good”. Other principles on which this code is based include selfishness, integrity, diligence, objectivity (justice and fairness), accountability, openness (transparency), honesty, discipline, loyalty, etc.
Rev. Brown said the fear of the Supreme Court that led to the ‘watering down judgment’ also speaks to the challenges we face in consolidating the rule of law in the country.
“No matter how long we postpone the application of the “rule of law” in the country for reported fear of violence, we cannot endlessly avoid the application of the law that is supposed to help consolidate our gains in democracy and stability.”
The clergyman charged that Liberians must get used to disagreeing to agreeing or else the country will remain a weaker nation within the comity of nations.
“Some of the very people today championing the decision of the court would have considered it a serious Constitutional breach during the regimes of Presidents William R. Tolbert, Samuel K. Doe or Charles Taylor.
We however appeal to Members of the Legislature especially the House of Representatives pursuing impeachment proceedings against three Justices of the Supreme Court, because of their second judicial opinion on the Code of Conduct to kindly withdraw their petition and let all of us direct our prayers and energies to ensuring that the historic democratic transition expected in a few weeks, is achieved to the pride of our country and the Glory of God.”
Rev. Brown added that as Liberia strives to consolidate the rule of law in Liberia, Liberians must also consider that Article 73 of our Constitution requires that:
“No judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and judicial acts done in the course of a trial in open court or in chambers, except for treason or other felonies, misdemeanour or breach of the peace.
Statements made and acts done by such officials in the course of a judicial proceeding shall be privileged, and, subject to the above qualification, no such statements made or acts done shall be admissible into evidence against them at any trial or proceeding”.