Monrovia – Cllr. Jerome Korkoya, chairman of the National Elections Commission has vowed to uphold the recent Supreme Court’s ruling on the code of conduct to the letter. His statement comes two days after the decision by the country’s final Arbiter of justice to declare the contested Code of Conduct constitutional.
Report by Henry Karmo – [email protected]
The court last Friday, March 3rd 2017 dismissed a petition seeking to allow officials of government from participating in the upcoming presidential and legislative elections.
Appearing on a local talk radio show, The Truth Breakfast morning magazine, on Truth FM, the NEC boss said, under the constitution of Liberia that supports three branches of government, the legislature makes the laws and the court interprets the laws.
He said it is now up to the elections commission to implement.
“What the National Elections commission will be doing is to obey the court’s opinion and comply strictly with the Supreme Court’s interpretation of the code of conduct.
I don’t want to comment on this further but I can tell you this: Whatever then Supreme Court, says will be followed to the letter.
If the Supreme Court broadens the language on the code of conduct we will follow that opinion if it narrows the language on the code of conduct we will follow any thing the Supreme Court says is what we will follow.”
The majority opinion was objected by Associate Justices 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 Liberians.
“In Wherefore in view of the foregoing, the petition seeking to declare the code of 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.”
“In 2016 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.”