Capitol Hill, Monrovia – Representative Francis Saidy Dopoh II (District #3, River Gee County District) is seeking the indulgence of the Plenary of the House of Representatives to summon Justice Minister Frank Musa Dean, Defense Minister Daniel Ziankahn and the Chief of Staff of the Armed Forces of Liberia (AFL), Major General Prince C. Johnson for enforcing an unconstitutional State of Emergency.
In a communication to House Speaker Bhofal Chambers, Rep Dopoh said despite the expiry of the constitutional time frame of the declared state of emergency to meet legislative approval, the Executive through these officials are enforcing the illegal presidential proclamation.
“While it is true that this state of emergency has not obtained its legislative approbation, the President, through his Minister of Justice, Minister Defense and chief of Staff of the Armed Forces of Liberia (AFL) decided to unconstitutionally enforce said declaration, bequeathed by the ‘prior consent’ of the Honorable Speaker and the President Pro-tempore of the Liberian Senate.”
Writing further, Rep. Dopoh blamed Speaker Chambers and Senate Pro tempore Albert Chie for the action and request the Legislature to serve President George Weah a legislative notice in line with article 88 of the Constitution of Liberia.
He writes: “Honorable Speaker, distinguished colleagues, I pray your honorable indulgence that a Legislative notice is served to the President of the Republic of Liberia in reference to Article 88, and that the Ministers of Justice and Defense, and the Chief of Staff of the Armed Forces of Liberia to be made to appear before this Honorable body to show cause of their reliance for enforcing an unconstitutional State of Emergency.”
Article 88 of the Liberian Constitution states “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.”
By allowing the Executive to execute a state of emergency void of legislative approval, Rep. Dopoh said the Legislature was betraying the solemn oath taking to defend the constitution of Liberia.
He warned that the Legislature will be ‘illuminating a rebellion’ to the Liberian Constitution, bearing in mind that Article 88, which revokes the state of emergency following the failure to obtain a two-third majority consent, modification or rejection.
He furthered that the presence of the AFL violates section 2.5 of the National Defense Act of 2008 which highlights the standard of “Conduct for the Armed Forces of Liberia.”
Although Rep. Dopoh’s communication is yet to be placed on Plenary’s agenda, several lawmakers have already questioned the constitutionality of the President’s state of emergency declared on June 22, 2020.
The President said the decision to extend the state of emergency by 30 days was intended to afford the government the opportunity to re-examine its COVID-19 response strategy.
Recently, members of the Collaborating Political Parties (CPP) Legislative Caucus called for the revocation of the State of Emergency because it has passed the deadline set by the Constitution to be approved by the Legislature.
The CPP is made up of the four top opposition political parties including the All Liberian Party, Alternative National Congress, Liberty Party and the Unity Party.The CPP Legislative Caucus, in a press statement read by its Chairman, Representative Joseph Papa Kolleh (Unity Party, District #7), Bong County), said the imposition of the State of Emergency is of no help to the fight against COVID-19 in Liberia.