Monrovia – Drums of uncertainty are already beating over the 2017 general and Presidential elections. Constitutional matters are yet to be resolved. Laws crafted by the executive and endorsed by lawmakers hinging on the conduct of the 2017 elections are already being blatantly disregarded. And now, some of the political actors are concerned.
“One danger I see dangling over our heads like a sword of Damocles is the uncertainty over whether the provisions of the Code of Conduct for Public Officials that relate to participation in the 2017 elections by political appointees will hold or not.
Already, aggrieved parties protesting provisions of the Code of Conduct have gone to the Supreme Court seeking the quashing of some provisions, which they consider discriminatory and injurious to their fundamental rights enshrined in the Constitution” – Augustine K. Ngafuan
Former Minister of Foreign Affairs, Augustine Ngafuan, who in compliance with the Code of Conduct resigned his post in September 2015, is concerned about the protracted delay by the Supreme Court to decide whether or not the Code of Conduct which is now being challenged by some of his political compatriots violates their constitutional rights.
“Let me say for the record that I decided to resign from my post as Minister of Foreign Affairs in compliance with the Code of Conduct despite my disagreement with certain provisions of the Code not only because I did not want to undermine the rule of law but because I did not want my political future to be dogged by the lingering and potentially debilitating uncertainty of whether or not I was qualified to seek political office.
I am not opposed to anyone who has gone to court to protest some provisions of the Code, neither am I against some of our compatriots who have vehemently defended the Code.
What I am against is the protracted delay in clarifying this matter. We need to bring predictability to the political field,” he told his supporters in Gbarnga, Bong County.
The Code of Conduct which, among other things, calls on appointed officials of government who have intention contest an elected post to resign their posts two years prior to the election year, has become a serious contentious issue with many ambitious aspirants like the former Governor of the Central Bank of Liberia, Dr. J. Mills Jones, seeking redress at the Supreme Court.
For Ngafuan, failing to legally interpret that provision of the Code of Conduct early enough ahead of 2017 has the tendency to create unpredictability during the elections.
Ngafuan: “One danger I see dangling over our heads like a sword of Damocles is the uncertainty over whether the provisions of the Code of Conduct for Public Officials that relate to participation in the 2017 elections by political appointees will hold or not.
Already, aggrieved parties protesting provisions of the Code of Conduct have gone to the Supreme Court seeking the quashing of some provisions, which they consider discriminatory and injurious to their fundamental rights enshrined in the Constitution.
Let me say for the record that I decided to resign from my post as Minister of Foreign Affairs in compliance with the Code of Conduct despite my disagreement with certain provisions of the Code not only because I did not want to undermine the rule of law but because I did not want my political future to be dogged by the lingering and potentially debilitating uncertainty of whether or not I was qualified to seek political office.”
The former Foreign Affairs Minister who also served as Dean of the Cabinet, further noted that the holding of free, fair and transparent elections must be the collective commitment of all Liberians – whether in government or out of government, whether in Liberia or out of Liberia.
According to him, the freeness and fairness of an election is not only determined by what happens on elections day alone.
“What happens before and after Election Day are also critically important.”
“In the wake of UNMIL drawdown and the turn-over of security responsibilities to the Liberian government, all stakeholders in this political process must commit to doing nothing, wittingly or unwittingly, that could undermine the fairness of the upcoming elections and the peace of the country.
So anything that casts a pall of darkness or uncertainty over the holding of free, fair, transparent, and peaceful elections needs to be quickly identified and dealt with,” he emphasized.
He commended the Chief Justice and members of the Supreme Court Bench for the recent decision not to go on recess in 2017 in order to have ample time to hear and expeditiously decide on cases that may emanate from the political field before and after the October 2017 elections.
But he also noted that it would also be in the right direction were the Supreme Court to expeditiously, conclusively, and unambiguously rule in the case brought by Bong County Superintendent Saleena Mappy against some provisions of the Code of Conduct.
The case was heard few months ago, but the Supreme Court is yet to hand down its opinion on the matter.
“The entire country and, no doubt, even some Presidential and legislative aspirants want clarity in order to determine who is qualified to run or not.
What is dangerous is not whether the Supreme Court upholds or rejects those contentious provisions of the Code of Conduct; what is really dangerous is if the Supreme Court delays this ruling until the late stages of the 2017 electoral process or refuses to rule at all,” Ngafuan asserted.
Ngafuan: “Assuming that Supreme Court decides to uphold the Code, those to be disqualified would need to know sooner than later in order to stop expending their time and resources towards the achievement of a futile goal.
If such a ruling comes late, it would be too painful and too costly for those who may be affected; and one cannot precisely determine how they and their frustrated supporters could react.
On the flip side, even those who want those contentious provisions of the Code to be upheld may easily accept and adjust to a ruling from the Supreme Court that quashes those provisions if such ruling were issued sooner than later. In short, taking it from either side, delay is dangerous.”
Finding a grip
In Gbarnga over the weekend where he went formally launch the Gbarnga Charter of Friends of Ngafuan (FAN), Ngafuan disclosed that he and his supporters, after rigorous consideration have decided to join the Victory for Change Party, which they believe will lead Victory them to the presidency in 2017.
Ngafuan: “In April of this year, I tendered in my resignation from the Unity Party. Since then, I and my supporters in the FAN have been consulting and meticulously analyzing the appropriate way forward.
The first question we had to confront was whether we should form our own political party or join an existing political party. The overwhelming view we gathered from our supporters was that we should not add to the proliferation of political parties by forming our new political party; but we should instead identify an institution that espouses our core values and is en sync with our fundamental strategy of collaboration of the positive forces of our country as we go to the 2017 elections.
The second question we had to confront was to decide which political party would serve as our new political home. Finding an answer to this question has not been an easy task. Quite frankly all the existing twenty two political parties have their positives and their negatives, their strengths and their weaknesses.
For us what was fundamental was to find a party that espouses our core values for the transformation of Liberia and is en sync with our grand strategy of aligning with other positive forces of Liberia as we fashion out a strong, selfless and successful formula for a 2017 Presidential victory.
“My fellow compatriots, after months of consultations and analyses, I am pleased to announce to the Liberian people and friends of Liberia that I have finally decided to join the Victory of Change Party (VCP).
As I do so, I call on all my supporters and sympathizers across the length and breadth of the country to join me in treating this institution as our new political home.”
Report by Lennart Dodoo/ 777 788 805 – [email protected]