Legal Headache For The Executive Mansion, As He Seeks The Court’s Constitutional Interpretation
PHOTO: (L-R): Cllr. Edwin Kla Martin and the Temple of Justice
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Even with President George Weah’s latest naming of a new team of Commissioners at the Liberia Anti Commission (LACC), it seems the leadership controversy resulting from the amended LACC Act continues to raise its head.
Former Chairperson of Liberia Anti-Corruption Commission (LACC) Cllr. Edwin Kla Martin on Monday June 12, 2023 filed a twenty-four counts petition against the Executive Branch of Government before the full bench of the Supreme Court, challenging his removal as chairperson of the commission by President Weah.
The Liberian leader on June 8, 2023 seven new LACC Commissioner, who include Cllr. Alexandra Kormah Zoe, Chairperson; Mr. Ernest R. Hughes, Vice Chairperson; Mr. Randolph E. Tebbs, Commissioner – Monitoring and Investigation; Dr. Miatta Jeh, Commissioner – Monitoring and Investigation, and Atty. Samuel F. Dakana Commissioner, Monitoring and Investigation.
Others are Cllr. Oretha Snyder Davis, Commissioner – Prosecution, and Cllr. David A. B. Wilson, Commissioner, Prosecution.
On January 26,2023, the Supreme Court 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.
At the time, the LACC boss requested the highest court in Liberia 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. At Supreme Court: Anti-Graft Boss, Cllr. Martin Loses Case Against Legislature For Amending LACC Act – News Public Trust
But in his latest petition to the Supreme Court, Cllr. Martin stated that President Weah’s June 8, 2023 action to have nominated a New Chairperson of the LACC is a violation of Article 25 of the constitution of Liberia.
The former LACC boss in his petition to the full bench of the Supreme said his action is intended to have the Court review, interpret and declare his constitutional right as provided under Article 25 of the 1986 constitution of Liberia and examined the decision by the President.
Cllr. Martin described his removal as chairperson of the LACC as illegal termination of his valid contract signed with the government of Liberia on June 8, 2023 as chairperson of the LACC by President George M. Weah.
‘’The petitioner Cllr. Edwin Kla Martin in the above entitle cause of action filed this petition against the Executive Branch of Government and most respectfully prays this court to review, interpreter and declare petitioner’s constitutional rights under Article 25 of the 1986 constitution as it relates to the nomination of a new chairperson to said tenure position by the President of Liberia,’’ he noted.
Cllr. Martin said that he was duly nominated, confirmed and appointed on July 19, 2021 and subsequently commission to serve tenure of five years as chairperson of the LACC Act of 2008 which he attached and submitted also to the court.
He disclosed that according to the LACC Act of 2008, provide that a chairperson shall be remove from his tenure position by the President of Liberia for any gross breach of duty, misconduct in office or any proven act of corruption as reflected under section 6.8 of the LACC Act of 2008.
Cllr. Martin further indicated that based upon that he is to serve as chairperson at the LACC said tenure position is protected by Article 25 of the Liberian constitution and no law passed by the legislature can impair this right including the recent LACC Act of 2022.
“Despite that, President Weah nominated new chairperson to said tenure position in total disregard to the sanctity of contract accorded me under Article 25 of the constitution and the LACC act of 2008 and 2022. Since my appointment in said position, I have demonstrated good behavior and had been performing my functions and responsibilities well in keeping with the LACC Act without any misconduct or proven of act of corruption therefore, the new LACC act can’t stop that which is protected under Article 25 of the constitution,’’ the former head of the LACC noted.
Cllr. Martin argued that his contract can’t be terminated by the enactment of any new status to replace the LACC Act of 2008, adding that his legal status was recently recognized and acknowledge by the Supreme Court in its final judgment of January 26, 2023.
“Petitioner further submits that because Article 25 of the constitution of Liberia provides that ‘’ obligation of contract shall be guaranteed by the republic law and no law shall be passed which might impair this right, petitioner current Tenure position is protected under Article 25and because of said constitution, the New LACC Act of 2022 can’t be used as a basic for removing or terminating me from my current tenure position prior to expiration of my tenure,” Cllr. Martin concluded.