Monrovia – The contentious National Code of Conduct (CoC) which is supposed to have a great bearing on Liberia’s historic elections coming up in October is receiving a back kick, as calls mount for the suspension of certain provisions that tend to determine who does or who does not partake in the upcoming elections.
Report by Lennart Dodoo – [email protected]
The Code of Conduct stood the test of the law when disenchanted Selena Mappy-Polson of Bong County filed a Petition for Declaratory Judgment before the Supreme Court in 2015, claiming that Sections 5.1 and 5.2 of the Code of Conduct Act of 2014 were discriminatory and infringed on her rights granted under the Constitution to freely partake in any elections.
Sections 5.1 and 5.2 of the Code of Conduct seek to exclude from candidacy, high officials of the Executive Branch of Government who did not resign from their positions within a given period of time.
On March 3, 2017, after two years of dangling on the dockets of the Supreme Court of Liberia, the Bench on March 3, 2017, in a 3-2 vote ruled that the Code was constitutional and does not in any way violate any provision of the sacred Constitution.
Associate Justices Philip A. Z. Banks, III and Jamesetta Howard Wolokollie dissented, arguing that the Code of Conduct violated the Constitution.
The debate sparked since the long-awaited ruling was handed down, with many aspirants fighting for their fates.
Several individuals were caught in the web of the Code with many openly saying that they would contest the elections despite being booked by the Code of Conduct.
One of such who spoke sternly in very deviant tone against the law was former Central Bank Governor J. Mills Jones.
Jones who heads the Movement for Economic Empowerment (MOVEE) failed to release himself from the post within the stipulated period; rather he successfully completed his two-term tenure at the Central Bank in March 2016.
“We will resist that law; we don’t care whether it was approved by the Court of Pontius Pilate.”
“I will contest and nothing can stop me from being a candidate in the elections come 2017,” Dr. Jones said during an endorsement program in Monrovia.
He argued that he never expressed the desire to contest the presidency when he was serving the Central Bank at the highest level, rather he was petitioned by citizens after he left the bank and decided to listen to their plea by doing everything possible to be their next president, purposely to empower Liberians economically and reduce poverty.
Jones is not the only aspirant fighting back at the Code of Conduct, Harrison Karnwea who was recently picked as running mate to Liberty Party’s Charles Brumskine never resigned as Managing Director of the Forestry Development Agency (FDA) until two weeks before his selection by the party.
His selection as vice standard bearer came just a month and five days after he let the ruling Unity Party for the Liberty Party.
Scores of officials still holding their positions but wishing to contest the elections have been working behind the scenes to stall the implementation of the Code of Conduct.
While the Ombudsman whose composition has also raised public debate is yet to get confirmation from the Senate, key policy makers are also recommending the suspension of the Code of Conduct.
The Ombudsman is likely to find everyone booked by the Code of Conduct liable of breaching the law.
This, they believe, would lead to many cases flooding the Supreme Court’s docket, thereby putting the entire electoral process in disarray.
Dead on Arrival?
A source within the Executive Mansion informed FrontPageAfrica that the work of the Ombudsman was completed even before individuals who are to occupy the office were named.
According to our source, the individuals named would only face the face of the implementation of an already laid out plan.
“As part of their work, they’re going to recommend to the Supreme Court the temporary suspension of the aspects of the Code of Conduct, especially the ones that affect the elections.
They will recommend to the Legislature the need to amend Sections 5.1 and 5.2 of Conduct. This is just what the Ombudsman is going to do. It’s all planned already.”
Consider It Inapplicable – Dr. Amos Sawyer
Head of the Governance Commission, Dr. Amos Sawyer recommended that Part V Sections 5.1 and 5.2 of the Code of Conduct “be considered inapplicable” to the 2017 Presidential and Legislative Elections.
The recommendation was part of several recommendations the Commission made to the Supreme Court of Liberia and the National Elections Commission (NEC) in its 2016 Annual Report released recently on Liberia’s 2017 electoral system.
“Thus, far from seeing the 2017 elections as a sanitized process, the report considers the elections as building blocks upon which Liberia should advance to another level of inclusive, participatory, transparent and accountable governance capable of delivering increased public goods and services in partnership with the Liberian people and international partners,” the Governance Commission report noted.
In addition to the suspension of the Section 5.1 and 5.2 for this election, the Governance Commission also recommended the declaration of the 10-year residency clause of the Constitution for presidential hopefuls inapplicable in pending elections.
Business executive and leader of the of the Alternative National Congress (ANC), Alexander B. Cummings, a political new comer, risks being hooked by this clause if not declared inapplicable.
During the 2011 elections, the residency clause, found in Article 52 (c) of the Constitution was suspended by Supreme Court on grounds that it had not been 10 years since the country’s 14-year war which forced citizens into exile ended.
But the case is not the same for the October 2017 elections. 2017 makes it 16 years since the war ended.
“While recognizing that elections are contests among parties and individuals, a conscious effort must be made in the public realm to promote elections as a time to strengthen citizenship commitment to Liberia,” the Commission said.
According to the Commission, the Constitution and Elections Law provide strong groundings for elections.
It indicated that in some instances they are highly prescriptive, stipulating specific dates and timelines for events such as the holding of elections, adjudicating electoral disputes and for political parties to elect their officers ensuring internal democracy, among others.
The Commission stated that the enforcement of some of the prescriptions has been problematic due to the inapplicability of these provisions or the lack of enforcement capacity of the Elections Commission.
It added, as an example, the 10-year residency requirement for President has been inapplicable over the last two presidential elections; and the requirements for monitoring and inspecting financial records of political parties by National Elections Commission have not been enforceable due to capacity constraints, among others.
Dr. Sawyer indicated in the report that the Commission has sought to study the electoral system with a view to contributing to delivering peaceful and credible elections.
He added that the report also examines the electoral rules and procedures, management structures of elections and the preparation for several phases of the process, recalling past electoral challenges from which lessons should be learned.
“But the report seeks to go beyond a focus on the mechanics of elections as indispensable to holding credible and peaceful elections and to also contribute to understanding elections’ role in promoting citizenship, reconciliation and a development agenda as explicitly stated in the Liberian Constitution and Elections Law,” he pointed out.
He indicated that these instruments and the processes they drive require political parties to be broadly national in membership; prohibit them from espousing ideologies and agendas that are sectarian or “promotive of violence or division of any kind.”
According to him, those instruments and processes also require for elections to be about making choices that should strengthen a sense of common citizenship, pursuing a common vision, strengthening reconciliation and deepening democracy.
Reactions
Citizens are divided over the suspension or the upholding of the Code of Conduct.
A government employee who preferred anonymity told FrontPageAfrica, “We need to learn to set precedence in this country. Our democracy would remain at this infant stage when we keep compromising serious issues like these.
The Supreme Court has ruled, what else do they want? So is the Supreme Court going to change its judgment?
We need to get serious in this country,” he said.
Jerome Dolo, a resident of Paynesville said, “If we must suspend this law for the sake of peace, so be it. Our priority this election should be peace. We must entertain anything that has the propensity to derail our peace from interfering with our elections. This Code of Conduct is a serious issue and if we do not take care the way we go about it, it will be detrimental to Liberia.”
Patrick Marjolo told FrontPageAfrica, “Leaders must learn to abide by the law. It shouldn’t be because someone wants to become President so we’ll bend the law? This is a country of law, not a country of men. “
“Therefore, I support the ideology that the Code of Conduct must be implemented to the letter. That’s the only way we’ll be serious leaders in this country. That’s the only way we would move forward.”
“I am surprised at Dr. Sawyer. Where was he when this law was being crafted? What was his input as Chairman of the Governance Commission?
People like Dr. Sawyer should rather be helping us implement our laws instead of dodging it. If we continue suspending laws during elections year, our elections would always be faulty.”
Another resident of Monrovia who asked for anonymity said, “Dr. Sawyer and Ellen crafted this law for nine years. If now he’s saying it should be suspended then both him and Ellen are grossly incompetent.”