PHOTO: Acting LACC boss in conversation with Judicial reporters after the Supreme Court ruling
By Garmah Never Lomo, garmah@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Supreme Court of Liberia today January 26,2023 unanimously concurred with House of Legislature on the amended Liberia Anti-Corruption Commission law, following a petition filed by Acting LACC boss Cllr. Edwin Kla Martin.
The LACC boss has been requesting the highest court in the land to declare section 16.1 and 16.2 of the Act to Amend and Reinstate and the Act to Reestablish the Liberia Anti-Corruption Commission unconstitutional.
“WHEREFORE AND IN VIEW OF THE FOREGOING, the petitioner’s petition is denied. The Clerk of this Court is ordered to inform the parties in these proceedings of the decision of this Court. Costs are disallowed,” the Supreme Court mandated.
The Supreme Court through the Chief Justice Sie-A-Nyene Yuoh reading the opinion said that the Liberia Anti-Corruption Commission (LACC) being a creature of the Legislative Branch of Government, the Legislature has the unquestionable power to amend, modify or abolish the LACC as deemed expedient in the interest of the State; and its action cannot be said to violate the Constitution.
“The petitioner (Martin) and other Commissioners still occupying and maintaining their respective positions and enjoying all of the associated benefits and immunities cannot be said to have been removed from office, as the transitional tenure provisions of sections 16.1 and 16.2 being futuristic, the petitioner’s petition is prematurely filed,” CJ Yuoh maintained.
Supreme Court added:”However, should it become to terminate the services of the petitioner and others similarly situated before the expiration of their contractual rights, the sanctity of contract as enshrined in the Constitution should be given due consideration.
Chief Justice Yuoh noted that no public official has vested right to a public office, except for those officers or offices that are clearly and expressly protected by the Constitution, which is not the case in the present petition.
It can be recalled that the Acting LACC Boss through his lawyers Cllr. Johnny Momo and Jimmy Bombo filed a twenty=count petition before the Justices of the Supreme Court; praying that the highest court grants their petition.
LACC boss lawyers’ argument
Cllr. Martin’s lawyers on Thursday, January 26, 2023 argued that the Act that establishes the Liberia Anti-Corruption Commission section 6.8 provides that a commissioner shall hold office upon good behavior and should be removed from office by the President for any gross breach of duty, misconduct in office or any proven act of corruption.
“The legislative enactment of Part XVI, titled: Transitional Provision which was approved without any proven or legitimate cause, clearly violates petitioner’s rights to due process of law as provided for under Article 20(a) of the 1986 Constitution,” The Petitioner’s lawyers quoted within their petition before the high court.
They further argued that sections 16.1 and 16.2 of the new amended LACC Act violates the constitutional rights of their client, adding that said amended provision is not in line with the 1986 constitution.
The Act was approved by the House of Legislature on July 22 and printed into handbill on July 25, 2022.
Gov’t lawyers’ resistance
In resistance, Government lawyers however argued that the constitutionality of the petitioner petition is not an issue, since the constitution gives rights to the legislature to make laws, amend laws without any limitation.
The government lawyers headed by Solicitor General Designate, Cllr. Nyante Tuan prayed the Supreme Court to send the case to the court or dismiss the case.
Petition filed below by Acting LACC boss
The chairperson of the Liberia Anti-Corruption Commission (LACC), Cllr. Edwin Kla Martin has petitioned the Supreme Court of Liberia to put a stop to the implementation of a recent Act passed by the Legislature and signed into law by President George Weah the controversial amended LACC Act.
Cllr. Martin petitioned the highest court in the land for a Writ of prohibition against the Executive Branch of government through the Justice Ministry headed by Cllr. Frank Musa Dean, His deputies, Solicitor General, Assistant Ministers and all prosecuting Attorneys of the Justice Ministry and the chairman Cllr. Archibald Bernard and Members of the Ad Hoc committee constituted by the president of the Republic of Liberia charged with the responsibility of preselecting candidates to serve as commissioners pursuant to section 6.1 of the amended Liberia Anti- corruption commission.
President Weah in early July signed this controversial Act into law, which removes from office the current LACC Chairman and other commissioners who are serving in tenure position and makes other critical amendments of the LACC Act of 2008.
All “commissioners now serving the LACC shall remain in office after the enactment of this new law until their successors are appointed, but each is eligible to apply and be subjected to the appointment procedure provided for this la,” according to Part XVI of the restated LACC act, titled Transitional Provision,
In addition, the new Act says that Commissioners now serving the LACC shall remain in office after the enactment of this new law until their successors are appointed, “but each is eligible to apply and be subjected to the appointment procedure provided for by this law.”
But Cllr. Martin’s twenty-seven count petition filed to the Supreme Court says that Article 24 of the 1986 constitution of Liberia grants unto the president the authority to nominate and with the consent of the Liberian senate, appoint and commission the following government officials:
a, Cabinet Ministers, deputies and assistant cabinet Ministers.
- Ambassadors, Ministers and consuls
- The Chief Justice and Associates Justices of the Supreme Court and Judges of subordinate courts;
- Superintendents, county officials and officials of other political sub-divisions;
- Members of the Military from the rank of lieutenant or its equivalent and above and Marshalls, deputy Marshalls and sheriffs.
Count two of his petition says as to count one above, petitioner says that the constitution of Liberia of Article 56 provides that all cabinet Ministers, deputy and assistant ministers, ambassadors, ministers counsellor, superintendents of counties and other government officials both military and civilian are appointed by the president pursuant to the constitution should hold their offices at the pleasure of the president.
In count three petitioner says that notwithstanding the provision of the constitution mentioned in count one and two above, the constitution of Liberia at Article 89, created and established the following autonomous public commissions.
- Civil service commission, elections commission and General Auditing commission.
The constitution in the selfsame Article 89, vested in the Legislature the authority to enact laws for the government of the herein mentioned commissions and create other agencies as maybe necessary for the effective operation of the government.
That consistent and in keeping with the Article 89 of the 1986 constitution of Liberia, the legislature enacted an Act to establish the Liberia Anti-Corruption commission which was approved August 21,2008 and printed in handbills on August 28,2008.
That section 6.1 of the Act referred to in count four above, provides for the Anti-Corruption commission to have five individual members known as commissioners; one of whom should be appointed as chairperson, one Vice chairperson who should act as chairperson in the absence of the chairperson; while section 6.2 of the selfsame Act provides for the nomination of the five commissioners to be made by the president of the Republic of Liberia and upon being confirmed by the Liberian senate, subsequently be appointed and commissioned to their respective offices by the president.
Petitioner also submits that based upon the averments contained in count four, five and six above, the president of the Republic of Liberia nominated Petitioner as chairperson of the Liberia Anti- Corruption commission and after confirmation by the Liberian senate, appointed and commissioned petitioner as Executive chairperson with an effective date of Thursday July 15,2021. Accordingly, petitioner’s tenure as chairperson of the Liberia Anti- Corruption commission runs up to and includes July 14,2026, consistent with the Act creating the Liberia Anti- corruption commission.
Count twenty-one further says that petitioner maintained and says that the recent Act to Amend the restate an Act to establish the Liberia Anti-corruption commission and re-establish the Liberia Anti- corruption commission which was approved on July 22,2022, and printed in handbill on July 25,2022, is a gross violation of Articles 20 and 21 of the 1996 constitution of Liberia and by that, only this Honorable court in keeping with Article mentioned Supra is empowered by law to declare said Act unconstitutional.
Petitioner reference Supreme Court opinions on the following law citations; Martin Sallie Kollie vs the executive branch of the government of delivered on August 5,2019, March term of the Supreme Court of Liberia.
Togba vs RL, 35LLR 389(1988), Parker vs Worrel (1925), LRD 9; 2LLR 525,526(1925) and Nelson V. Boye (1978), LRSC 33, 27LLR, 174,179(1978).
Wherefore and in view of the forgoing, petitioner prays your Honor as follows
- To order the issuance of the Alternative writ of prohibition, restraining, prohibiting and enjoining the respondents from enforcing sections 16.1 and 16.2 of the act to amend and reinstate an act to establish the Liberia Anti-corruption commission approved on July 22,2022 and printed in handbill on July 25,2022, against the petitioner, thereby upholding the Act to establish the Liberia Anti- corruption commission which was approved August 21,2008 and printed in handbill on August 28,2008 and the provisions contained therein pursuant to which petitioner was nominated, confirmed, appointed and commissioned as Executive Chairperson of the Liberia Anti- Corruption Commission and the tenure provision contained therein.
- Conduct a hearing and thereafter, grant the peremptory writ restraining, prohibiting and enjoining the respondents from enforcing sections 16.1 and 16.2 of the Act to amend and reinstate an act to establish the Liberia Anti-corrupt commission, approved on July 22,2022 and printed in handbill on July 25,2022 against the petitioner, thereby upholding the act to establish the Liberia Anti-corruption commission which was approved August 21,2008 and printed in handbill on August 28,2008 and the provisions contained therein pursuant to which petitioner was nominated, confirmed, appointed and commissioned as Executive chairperson of the Liberia Anti-corruption commission and the tenure provision contained therein and
- Grant unto petitioner and other and further reliefs as your May deem just, legal and equitable in the premises.