Monrovia-The Supreme Court of Liberia has dismissed a petition for declaratory judgment filed by a pro-advocacy group, Citizens Solidarity Council (CSC) through its Chairman, James Brooks, against the Code of Conduct Act.
Kennedy L. Yangian [email protected]
CSC had made specific reference to article 5.1 and 5.2 of the Act which states that appointed officials of government who want to engage in political activities should resign their respective positions two years prior to elections.
But the group, in its petition to the high court for declaratory judgment, indicated that the Code of Conduct Act is selective and it could affect its members wishing to contest the upcoming presidential and legislative elections and prayed the high court to restore its members’ rights.
The petition furthered that the CSC is a registered organization under the laws of Liberia and is involved in the promotion of peace, security and national unity.
The writ was filed by the group against the Government of Liberia by and thru the Ministry of Justice and Attorney General of the Republic of Liberia.
After the writ was filed, the Ministry of Justice filed a response against the writ to the Supreme Court, asking the court to dismiss the writ as the group, through its Chairman Brooks, has no capacity to file such a lawsuit against the government.
Amid the pros and cons of the petition filed in August 2014, the Supreme Court, rendering its opinion to end the March 2016 Term of Court, ruled to dismiss the petition. The ruling was endorsed by two of the Associate Justices, Kabineh Ja’neh and Sie –A- Youh while Associate Justices Philip Banks and Jamesetta Wolokollie dissented.
Prior to the dismissal of the petition, Chief Justice Francis Korkpor who read the opinion stated while it is true the CSC was a registered organization in the country, a board resolution should have been signed instructing the chairman to perform the task.
According to the Chief Justice, since the organization says that the code of conduct act could affect its members wishing to contest the Presidential and Legislative seats in 2017, the law requires that the organization filing the lawsuit should have shown how its members would have been affected, which positions they occupy and what positions they wish to contest in the up-coming elections.
The Chief Justice indicated that laws passed by the Legislature which come in conflict with the Constitution of Liberia are null and void as well as unconstitutional and that if anyone or an organization wants to challenge a Legislative act on the basis that the act will injure them, the organization must show how they or the organization will be injured.
“Having carefully reviewed the records, heard the argument and contentions advanced by the counsels representing the parties and considered the laws cited and relied upon, it is hereby adjudged the Citizens Solidarity Council, the petitioner in the case not having authorized it purported Chairman James Brooks to file this petition for declaratory judgment not having demonstrated it is the real party of interest and lacks capacity and standing to bring the law suit,” said Chief Justice Korkpor.
Following his ruling, Associate Justice Banks, one of the two Justices who dissented, stated that the Chief Justice should have dealt with the substantive issues in the Code of Conduct Act.
“There is nowhere in the code of conduct that covers advisors, assistant ministers, assistant superintendents,” said Justice Banks