Monrovia – In a major blow to the presidential aspirations of Dr. J. Mills Jones, the former governor of the Central Bank of Liberia, former Coca Cola executive Alexander Cummings and several others eyeing the Liberian presidency and other positions in the upcoming presidential and legislative elections, the Supreme Court, Friday dismissed a petition seeking to allow officials of government from participating in the upcoming presidential and legislative elections.
Report by Bettie Johnson-Mbayo, [email protected]
The majority opinion was objected by both Associate Justice Philip A.Z. Banks and Jamesetta Wolokolie while Chief Justice Korkpor, Kabineh Ja’neh and Sie-A-Nyene Gyapay Yuoh ruled in favor of the code of conduct.
The majority said the code of conduct was constitutional while Associate Justices and Banks and Wolokolie said the code of conduct was unconstitutional on grounds that they were infringing on the rights of Liberian.
“In Wherefore in view of the foregoing, the petition seeking to declare the code if conduct act, or any provision thereof, unconstitutional, same being unmeritorious, both in fact and on law, is hereby denied and dismissed , the code of conduct is declared legal and binding in the Republic of Liberia, for all intents and purposes. And it is so ordered.”
Bong County Superintendent Selena Polson-Mappy who is looking to contest the seat currently held by Representative Bill A. Corneh, filed a petition before the Supreme Court to declare unconstitutional the code of conduct that said certain official of government should resign two years before election for non-tenure official, 3 years for non-tenure official before election, the court denied the petition.
Superintendent Mappy was suspended in December 2015 by President Sirleaf on allegation of the misapplication of funds meant for the Feasibility Study for Gbarnga Streets but later reinstated.
In 2009, the Executive Branch of Government submitted the Code of Conduct bill to the National Legislature for passage into law, the Code received huge public commendations especially some provisions regarding the conduct of public officials whom many see as acting above the very law they make.
The code applies to all officials covered under article 56 of the constitution including Ambassadors, Ministers, Consuls, Chief Justice, Associate Justice of the Supreme Court, Judges of the subordinate courts, Superintendents, other county officials of other political subdivisions; members of the military from the rank of lieutenant of its equivalent and above; and marshals, deputy marshals and sheriffs.
Section 5.2 (a) of the Code of Conduct dictates that any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President …. 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 years prior to the date of such public elections.
In the case of other appointed officials who hold tenured positions and desire to contest for public elective offices, the Code of Conduct dictates in Section 5.2 (b) that such officials “shall resign said post three (3) years prior to the date of such public elections.”
Dr. Jones resigned from the bank in May 2014 and went on to accept a petition from a group of Liberians to contest the presidency.
President Ellen Johnson-Sirleaf appointed Mr. Cummings as Eminent Liberian on the board of the Booker Washington Institute although it is not clear whether he falls into the category of tenure or non-tenure appointee.
There is also the issue of Harrison Karnwea, the embattled head of the Forestry Development Authority who recently crossed over to the opposition Liberty Party.
He is highly tipped to become the vice presidential standard bearer for the LP political leader Charles Walker Brumskine.
Former Ambassador to the US Jeremiah Sulunteh is also among those expected to be affected by the ruling.
He is said to be on the list of Coca Cola Executive Alexander Cummings as a potential No. 2. Dr. Jallah A. Barbu, a former Chair of the Law Reform Commission who declared his candidacy for the presidency in 2016 is also expected to be affected by the ruling.
An Ombudsman is expected to determine the punishment. Regarding Cummings, one court official told FrontPageAfrica outside the court Friday: “It’s a stretch but he was appointed.”
The Ombudsman is a group of persons appointed or authorized by the President of the Republic of Liberia and confirmed by the Senate to enforce, oversee, monitor and evaluate adherence to the Code of Conduct.
Such individual or group of persons shall receive and investigate complaints against Public Officials, Employees of Government and national institutions.
Part XII, 12.1 of the code regulations creating the office of the Ombudsman states that office of an Ombudsman is established as an independent autonomous body which shall be responsible for the enforcement, oversight, monitoring and evaluation of the adherence to the Code of Conduct.
Section 12.2 states: “The Office of Ombudsman shall receive and investigate all complaints, in respect to the adherence to the Code of Conduct.
In the case where there is a determination of guilt and violation of the code by private and Public Officials and Employees of Government, said violation shall be submitted by the Ombudsman to the Liberia Anti Corruption Commission (LACC) or other relevant Agencies of Government.
The Office of the Ombudsman shall be responsible to collaborate with the three Branches of Government and Civil Society Organizations in order to develop regulations for the Code of Conduct.”
Counsellor Negbalee Warner, the recently-appointed Dean of the Louis Arthur Grimes School of Law, who represented the petitioners said its the court decision and such could not be questioned.
Mappy told FrontPageAfrica Friday that she was saddened by the ruling.
Mr. Romeo Quiah, Superintendent of Sinoe County expressed outrage over the court’s opinion on grounds that the court should have ruled a long time.
I spent a lot of money and the court will allow my money lost like that this is frustrating”.