• Jallah Barbu, executive director of the Office of War and Economic Crimes Court of Liberia, said he had received just $US300,000, or 15 percent, of President Boakai’s promised $US2 million for the 2025 budget year
• Experts praise the president’s latest move, but urged him to fully fulfil his pledge  
• Office boss Barbu prepares to head to Nigeria for important meeting with Ecowas president

By Anthony Stephens, senior justice correspondent with New Narratives

The Office of War and Economic Crimes Court of Liberia said Thursday that it had received $US300,000 or 15 percent of President Joseph Boakai’s promised $US2 million for 2025, for its operations. The president pledged the funding in late April when he extended the mandate of the Office by one year through an executive order.

Jallah Barbu, executive director of the Office, made the disclosure during the 4th monthly National Transitional Justice Coordination Committee meeting, attended by leading transitional justice actors, including the civil society, victims and survivors of Liberia’s brutal civil wars, the international community and media.

The partial funding came months after Barbu said it had exhausted $368,000 given to the Office in January. It follows President Boakai implementing a range of recommendations of the 2009 Truth and Reconciliation Report – including an official apology to victims, a commitment to a national memorial and a national public holiday to honor the victims. But the failure to provide funds had made  justice advocates concerned the president was making a lot of commitments without putting up funding to back it.  

The funds were to be disbursed quarterly. By now the government should have paid $1 million. Barbu had repeatedly complained that he and his staff had not been paid for seven months. He told FrontPage Africa/New Narratives in an interview after the meeting that they were glad that the money had come.

“This gives us some relief, at least in terms of the staff salaries and the basic operations and logistical needs, while we also move forward,” said Barbu. “We’re taking our time to calculate right now in terms of how much can we pay from this fund, how much more will remain for also center operations. The bulk of the money would go to salaries because of the number of months that we owe. But I mean, as a responsible institution, we still have to keep the Office’s doors open. We have to engage the public, so we will definitely use some of the money for that purpose.”

Barbu also disclosed that he is set to make an all-important trip this month to meet with president of the Economic Community of West African States (Ecowas) in Abuja, Nigeria. If Liberia is to establish a court to try so-called international crimes, including war crimes and crimes against humanity, it will need the regional body to be an official partner. Ecowas support is not guaranteed and it can take time to secure. Meetings are only held every six months. The Gambia recently had to wait an extra six months to secure Ecowas agreement to back its transitional justice court after it failed to win support of the right officials in its first go.

The move attracted praise from transitional justice experts.

“I’m delighted that the president has partially fulfilled his promise,” said Hassan Bility, director of the Global Justice and Research Project. Bility’s organization and Civitas Maxima, the Swiss based justice activists, have been working with American and European investigators and prosecutors to document war-related crimes in Liberia.

The funds arrived amid growing concern from leading local international stakeholders, including Mark Toner, the outgoing U.S. ambassador to Liberia. In an exclusive interview recent interview with FPA/NN, Toner urged the government to support the Office and fund the country’s broader transitional justice process.

Experts say funding is critical for the Office, which in July officially launched a national outreach campaign for a war and economic crimes court and a national anti-corruption court. Officials said the initiative will include community town halls, radio and television broadcasts, and social media messaging aimed at countering misinformation and disinformation and engaging the public on the courts’ and Office roles in Liberia’s peace and justice process.         

While Boakai has been praised by advocates for the courts for his initial steps, they’ve also criticized him for the scale of support to the Office.

“While I believe it’s a start, $US300,000 is like a drop in the ocean,” Bility said. “I have to emphasize this is just 15 percent of the $US2 million promised.”

Bility renewed his longstanding call for the government to prioritize the courts.

“Mr. President, what about cutting funding for some less important projects, benefits and allowances allocated for your government officials, to fund this Court?” asked Bility. “To the Honorable lawmakers I say: Can you please forgo some of your personal benefits for the greater good of our common patrimony, Liberia, and its safety with respect to deterrence in the form of accountability for these war related crimes? Please do this so that even generations unborn will say: ‘our forefathers stood where duty required them to stand. It’s now time to rise above personal interest in favor of the general good.’”

Barbu said he was confident of receiving support from the government, particularly the president for his Office and the courts.

“The president takes this process as a very, very, serious national initiative,” said Barbu.  “I don’t think funding will be an issue, at least in terms of the basics that we are talking about, salaries, logistics, the National Outreach Program and other operations.”

In a roadmap submitted to Boakai, the Office said it would undertake study tours in Sierra Leone, The Gambia, and the Central African Republic— countries that have established transitional justice mechanisms. Some advocates warned that with limited donor funding, the Office should visit only one country.

Mr. Barbu acknowledged those concerns but insisted the trips would go ahead, citing “commitments from a few partners,” though he declined to name them.

This story is a collaboration with New Narratives as part of the West Africa Justice Reporting Project. Funding was provided by the Swedish Embassy in Liberia which had no say in the story’s content.

Monrovia – With less than five months at Liberian National Union Party (LINU), presidential hopeful Dr. Jallah Barbu has resigned from the party for the New Liberian Party (NLP).

“I am respectfully informing you on the one hand and confirming on the other, that I have terminated my political relationship with the Liberian National Union (LINU) and I am now a full-fledged member of the New Liberia Party (NLP),” Cllr. Barbu told reporter.

Cllr. Barbu said his departure from LINU is due principally to differences in policy, approach and administrative style.

“My decision to join the NLP is predicated on the fact that we have common political ideologies rooted in accountability and unwavering respect for the rule of law, humility and mutual respect, and pursuit of the greater good,” he added.

Cllr. Barbu continued: “The platform of NLP and the National Program of Team Barbu agree on these and several other issues. The approach each adopts is the administration of a country based on the merit system, service to the people, keeping Liberians at the core of national governance, and achieving maximum benefits for Liberia in the utilization of its resources.”

Months back, Cllr. Barbu declared his intention at the national headquarters of the Liberian National Union (LINU) to contest as a presidential candidate during the October 2017 presidential and legislative elections.

“Having therefore consulted you and receiving from you the unwavering affirmation that I fit the criteria set by Dr. Harry Moniba (LINU founding father) now deceased and reechoed by you I do hereby now declare to the people of the Republic of Liberia and the World that I Cllr. /Dr. Jallah A. Barbu, a humble son of this Republic, I am contesting for the presidency of Liberia in the presidential election scheduled for October 10, 2017,” Cllr. Barbu said.

Cllr. Barbu made his declaration to joined LINU under a heavy downpour of rain but that wasn’t enough to discourage his supporters but that marriage short lived.  The presidential hopeful apologized to his supporters who joined him at LINU but call on them to follow him at NLP.

“I beg to seize this opportunity to thank all of the Liberian people who continue to believe in my ability; I thank especially those who were fixed on not concentrating on Liberian politics or participating in elections anymore but changed their minds because of our engagement with them; the young people. Women, elders and traditional leaders,” Cllr. Barbu added

He highlighted hardship face by the Liberian people, corruption, lack of accountability and glaring neglect by their leaders.       

“Liberia’s constitutional transition that is already generating so much interest and anxiety, in some instances confusion, is a delicate process. We who have put ourselves forth to be evaluated and considered by the majority of our citizens as worthy of leading them are also confronted with issues and dire necessity to make decisions.”

Cllr. Barbu continues: “Some of the burned of such decision making lead making new friends, forming alliances and mergers or even, transitioning to another institution.”

A respectable Liberian lawyer, Cllr. Barbu believes that a country with widespread poverty, poor water and electrical services, and an arbitrary use of the rule of law, the people certainly need a better future.

Cllr. Barbu is one of the few Liberians with a doctorate degree in law and experience in government and academia. In the public sector, he has served in various positions, including the Chairman of the Law Reform Commission.   

Monrovia – Presidential aspirant for the ensuing 2017 election, Constitutional Lawyer and law Professor, Dr. Jallah A. Barbu is expected to address the 42^nd General Assembly of the Union of Liberian Associations in the Americas (ULAA).

Dr. Jallah who is currently in the United States has accordingly been consulting Liberians on their views of the state of affairs in Liberia and encouraging them to pay greater attention to the Country’s evolution.

On his visit, Dr. Jallah has met with Liberians in Indiana, Delaware, New York and Philadelphia and has had several teleconferences with others in Minnesota, Maryland and Washington D.C., in addition to three radio interviews relayed by some radio stations in Liberia.

Following a town hall meeting in Philadelphia on September 17 where he presented his national program and gathered suggestions on moving the Country forward, Dr. Jallah is now expected to address the 42^nd General Assembly of the Union of Liberian Associations in the Americas (ULAA) in Buffalo, New York on September 24.

Another Presidential aspirant, Mr. Alexander B. Cummings of the Alternative National Congress (ANC) is expected to serve as guest speaker at the Assembly.

A close associate of the Dr. Jallah for President 2017 team told FrontPageAfrica through a dispatch from the United States that Mr. Cummings and Dr. Jallah will grace the ULAA occasion, applauding ULAA for bringing opposition Liberian politicians together under a non-political process.

He assured that Dr. Barbu has no qualm with the arrangement because he believes that political opponents are not enemies but carriers of separate beliefs that they are better situated to serve their people than their adversaries.

Explaining why most contributions and engagements in communities by Dr. Jallah are not broadcast in the media as it is normally done with other aspirants, the Team Jallah official emphasized that when it is appropriate to publish an event or statement, Dr. Barbu will not hesitate, citing a recent publication informing the people of Liberia that he had written the President on a number of critical national issues.

He also promised that in few days Dr. Barbu will speak on the current economic and other situations affecting the Country as well as on the ensuing elections.

On his Buffalo meeting, the source indicated that Dr. Barbu’s statement will cover problems affecting Liberia’s educational system and measures that should be employed to improve it; the need for ULAA and other Diaspora and local Liberian institutions to be more visible in Liberia’s administration as stakeholders; dual citizenship; and the promotion of Liberian entrepreneurship both in the United States and Liberia through a ULAA sponsored process.

The member of the Dr. Jallah for President Team said, statement from the aspirant will be published as soon as possible.

As the race to the political process in 2017 heats up, political pundits believe that the strength of no one candidate should be underestimated whether such candidate is not part of a coalition of aspirants or not.

Dr. Jallah on June 10, 2016 declared his intention to contest for President in the forthcoming October 10, 2017 Presidential and legislative elections and, divergent views continued to be expressed as to the actual motives of the unassuming and resilient advocate for the rule of law and good governance overtook conversations on his pronouncement.

Some argued vehemently that the President of Liberia had paid this lawyer, known for his uprightness even in the classroom, to unshackle the bid of Vice President Joseph Nyumah Boakai as the both hail from Lofa County while others say the motives are squarely on the Vice President as employing Dr. Barbu as a backup for him in the event the former is knocked out of the Unity Party.

For supporters and those who have encountered Dr. Barbu, they say his declaration is untainted; they argued that he had calculated and made the deliberate decision to go full force in what is expected to ultimately be a battle of the courageous and capable.

Since the pronouncement, a number of media personnel and institutions have followed the aspirant assessing his commitment to his June10 pronouncement and to establish which of the views expressed is real about the lawyer.

Dr. Barbu’s grasp the attention of the Liberian public during interviews with various radio and television stations in and around the Country, highlighting his brilliance and his novel approach to political elections and state governance.

Many believe that the current political culture of Liberia is far from ready for the new approach the aspirant is propounding but in no time Dr. Jallah who is relatively new on the political landscape has been receiving positive reception from people, especially in the interior parts of the Country where Dr. Barbu initially focused his activities.

In some counties, people say Dr. Jallah has an understanding of national leadership during his engagement with people in communities, villages and towns, sometimes deep in the forests, of Montserrado, Bomi, Rivercess, Nimba, Lofa, Grand Bassa and other Counties and working with them to reach decisions on what is critical for their survival and growth as well as how they can collaborate to achieve their goals.

 During one of his tours, in a village in Nimba County, an 87 year old elder expressed satisfaction, stating, “he is ready to work for the people; for us.”

A single mother in Rivercess was fascinated when he lifted and held her baby in his arms: “This is the first time anybody who wants to be big government official has come close to any of our children in this town; they always scare that our children will dirty their clothes,” she explained.

After interacting with people he calls “the crux of the matter” Dr. Barbu took off to the United States where his wife is pursuing a doctoral degree in family law.

Monrovia – When the Executive Branch of Government in 2009 submitted a bill – the Code of Conduct 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.

After years of massive work in towns and villages across Liberia followed by the establishment of the Movement for Economic Empowerment, the Supreme Court of Liberia seems to have ended the 2017 presidential hopes of Dr. J. Mills Jones and others including, Dr. Jallah Barbu, Bong Superintendent Mappy and others after an opinion dismissing a petition against a provision in the Code of Conduct law passed by the National Legislature requiring appointed officials of the executive branch of government to resign their positions two years prior to any election they wish to contest.

Some provisions of the Code of Conduct including Section 9.1 prohibits public officials from taking bribes and gifts. It also prohibits receiving or encouraging the giving of any form of bribe or casual gift in connection with the performance of his/her duties, whether for himself or herself or members of his or her family.

The Code of Conduct was in good shape with some interesting provisions including Section 11.3 on Sexual Harassment, which frowns on unethical and unbecoming behavior such as the use of rude, abusive and obscene language, indecent dressing, and sexual gestures which constitute sexual harassment and violation of human dignity and human rights.

For many Liberians, the Code of Conduct was about to reduce the excessive power exercised by public officials, setting a limit to their actions by providing sanctions for would be violators. Section 13.1 provides protection from reprisal or discipline, for public officials and employees of Government who, in good faith, report allegations of wrong doing in contravention of the Code of Conduct.

At the Legislature, the lawmakers, exercising their rights as provided for in Article 90 (c ) of the constitution made additions to the Conduce of Conduct .

Article 90 (c) of the Constitution provides : “The Legislature shall prescribe a Code of Conduct for all public officials and employees stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof.”

Sticky provisions harm many

Some sticky provisions in the Code of Conduct are now serving as obstacle to the political dream of many individuals.

The Code of Conduct in Part V: Political Participation states “5.1 All Officials appointed by the President of the Republic of Liberia shall not:   a) engage in political activities, canvass or contest for elected offices;   b) use Government facilities, equipment or resources in support of partisan or political activities;   c) serve on a campaign team of any political party, or the campaign of any independent candidate”.

For some this provision of the Code of Conduct was susceptible to challenge at the Supreme Court with its constitutionality under question. 

But as of last Thursday, an opinion by the Supreme Court of Liberia has now dashed the hopes of several including former Governor of Central Bank of Liberia Dr. J. Mills Jones, Bong County Superintendent Selina Polson Mappy, Dr. Jallah Barbu and several including any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President pursuant to article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors.

A civil society organization, Citizens Solidarity Council (CSC) through its Chairman, James Brooks filed a petition before the Supreme Court against the Government of Liberia by and thru the Ministry of Justice and Attorney General of the Republic of Liberia, contesting the constitutionality of a provision of the Code of Conduct.

After the writ was filed, the Ministry of Justice filed a response against the writ to the Supreme Court, asking the court to dismiss the writ as the group, through its Chairman Brooks, has no capacity to file such a lawsuit against the government.

Following lengthy legal review of the petition, the Supreme Court voted 3 consenting and 2 dissenting in throwing out the petition. 

In law, a dissent by a justice can sometimes serve as a basis for decision in future cases sometimes of similar nature and Justice Philip A.Z. Banks in his dissent stated that the high court did not dwell into the substantive issues of the case.

Chief Justice Francis Kporkor in his opinion declared that CSC through its Chairman, Brooks did not have the capacity to file the petition against the Code of Conduct, an indication that his opinion might have been largely based on procedural rather than substantive issues of law although FrontPageAfrica is yet to get a full copy of the opinion. 

Under the Liberian legal system, the Supreme Court or a judge can rule on the basis of procedural or substantive issues of law. On the basis of substantive issues, the judge looks at the legal issues raised in a petition while the procedural takes into consideration the process-who is filling the petition, how the petition is filled and other processes. In either instance the decision of the court is still binding and enforceable.

Jones’ political demise?

The opinion of the Supreme Court has now become a binding precedent under the legal jurisdiction of Liberia and the court will have to use its recent ruling to decide cases of similar nature which might arise sometimes in the future.

The current decision will look to reduce the hopes of others who might be contemplating filing similar petition against the provision of the Code of Conduct.

While serving as Governor of the Central Bank, Dr. Jones embarked on a vigorous campaign to take the CBL loan scheme to towns and villages across Liberia, where his popularity started to grow much to the displeasure of some lawmakers who called for an audit of the CBL and the entire loan scheme.

In May, Dr. Jones accepted a petition from a group of Liberians to contest the presidency in 2017, promising to provide jobs and ensure that Liberians are prime actors of their economy.

“Ensuring Liberians become prime actors in the Liberian economy is an idea whose time has come. We will use fiscal policy, monetary policy, trade policy and investment policy to reinforce each other so that their total impact will advance Liberian participation and ensure greater ownership of the Liberian economy at all levels”, Dr. Jones declared at a colorful program to mark his acceptance of a petition to contest the Presidency held on Wednesday May 25, 2016 at the Paynesville Town Hall.

Dr. Jones who served as Governor of the Central Bank for 10 years left the bank last February falling short of the two years clause in the Code of Conduct for those appointed by the president wishing to contest elective post to resign two years prior to the election.

Dr. Barbu in legal dragnet

Another presidential candidate that will be affected by the opinion of the Supreme Court is Dr. Jallah A. Barbu who has declared his ambition to contest the presidency.

Dr. Barbu, a constitutional lawyer who is currently the only Liberian in-country with a Doctorate degree in law is expected to face the wrath of the law he knows well as the opinion by the high court will end his dream of becoming president.

Dr. Barbu resigned from the Law Reform Commission where he has been serving as Chairperson in May 2016, making him to fall short of the two-years requirement as per the Code of Conduct Law.

Upon his resignation from the Law Reform Commission, Dr. Barbu in June declared that he will be contesting the presidency in 2017.

“Having therefore consulted you and receiving from you the unwavering affirmation that I fit the criteria set by Dr. Harry Moniba (LINU founding father) now deceased and reechoed by you I do hereby now declare to the people of the Republic of Liberia and the World that I Cllr. /Dr. Jallah A. Barbu, a humble son of this Republic, I am contesting for the presidency of Liberia in the presidential election scheduled for October 10, 2017”, Dr. Barbu said.

According to him, there is a leadership vacuum and he is hoping to fill the gap.

Dr. Barbu said: “The fact that prior to today we have had several individuals express their desire to contest the presidency, yet the people of this country have generally remain reluctant to participate in the electoral process, clearly speaks to the dire need of people for genuine leaders”.

But now that big dream looks farfetched.

Superintendent Mappy dealt a blow

Bong County Superintendent Selina Polson Mappy is another name that has been dealt a big blow. The Superintendent has been working over the last period solidifying her position to contest the seat currently held by Representative Bill A. Corneh.

Some citizens from the Bong District say the Superintendent is a strong force in the ensuing election and when she is finally out of the race it will be a boost to her opponents.

Superintendent Mappy who was suspended over allegations of corruption was reinstated in early May by President Sirleaf.

Madam Mappy was suspended in December 2015 by President Sirleaf on allegation of the misapplication of funds meant for the Feasibility Study for Gbarnga Streets.

President Sirleaf in a communication informed Superintendent Mappy that an April 20, 2016 letter from the Executive Chairman of the Liberia Anti-Corruption Commission advised that investigation into the allegation established no conduct of criminal culpability and therefore vindicated her and sealed the investigation into the matter.

“On the basis of this conclusion, you are hereby reinstated to the position of Superintendent of Bong County and hereby urge you to take into account the sentiments of the population, existing laws and policies as you consider your future endeavors”, President Sirleaf told Superintendent Mappy during the restatement.

Another name likely to be affected by the high court’s decision is Nagbe Sloh Deputy Minister of Information at the Ministry of Information, Culture and Tourism who is believed to contesting a legislative seat in Sinoe County.

The opinion by the Supreme Court is a big decision that will continue to be discussed ahead of the 2017 general and presidential elections.

Samwar S. Fallah, samwar.fallah@frontpageafricaonline.com