Liberia: Rep. Fofana Wants Supreme Court Compel Govt to Enforce Code of Conduct


MONROVIA – Lofa County District 4 Representative, Mariama Fofana, has petitioned the Supreme Court to compel the Liberian government to enforce the section of the National Code of Conduct that calls for the resignation of public officials who want to partake in the October elections.

By Lennart Dodoo, [email protected]

Rep. Fofana through Cllr. Micah Wilkins Wright filed a Writ of Mandamus before the Supreme Court against the Government of Liberia arguing that the Code of Conduct requires that every person holding an appointed public office desirous of contesting for public elective office is required to resign from the office employed in the public sector at least two or three years prior to the day of the election.

She cited Section 5.2 (a) and (b) of the National Code of Conduct which says:

“a) Any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President pursuant to Article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors, who desires to contest for public elective office shall resign said post at least two (2) years prior to the date of such public elections;

b) Any other official appointed by the President who holds a tenured position and desires to contest for public elective office shall resign said post three (3) ears prior to the date of such public elections”.

She contended that there are public officials who have begun declaring their intention to contest in the October elections and are taking actions tending to show them as aspirants or potential candidates.

According to her, with just eight months left for elections, all of those still holding public offices and have intentions to contest the October elections are now ineligible as per the dictates of the National Code of Conduct and should be barred from participating in the elections.

She also cited Part V of the Code of Conduct which states:

All Officials appointed by the President of the Republic of Liberia shall not:

  1. engage in political activities, canvass or contest for elected offices;
  2. 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.

Rep. Fofana contended that in order to give relevance and respect to the law as contained in the Code of Conduct, it is incumbent upon the the government to give effect to the provisions of the law by widely publishing and publicizing the provisions. “Petitioner contends that it is a binding and legal obligation and duty of the Government of Liberia to educate its citizens on legal and civic rights and responsibilities, commencing with the Constitution of Liberia and all statute laws,” she averred in the petition to the Supreme Court.