By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia-The Supreme Court has reserved ruling in the petition filed by Acting LACC boss Cllr. Edwin Kla Martin requesting the high Court 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.
The Act was approved by the House of Legislature on July 22 and printed into handbill on July 25, 2022.
The Acting LACC Boss through his lawyers Cllr. Johnny Momo and Jimmy Bombo filed twenty counts petition before the Justices of the Supreme Court; praying that the highest court grants their petition.
Cllr. Martin’s lawyers on Thursday 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 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.
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.
During the hearing Justice Wolokolie asked the petitioner as to whether it was not premature for them to have taken the matter to the full bench before utilizing other remedies under the law.
She cautioned the Commissioner to avoid challenging the constitutionality of section 16. 1 and 16.2 according to her, the petitioner is not contending the constitutionality of the right given to the legislature to make amend laws.
It can be recalled that the now acting chairperson of the Liberia Anti-Corruption Commission (LACC), Cllr. Edwin Kla Martin petitioned the Supreme Court of Liberia to put a stop to the implementation of the controversial amended LACC Act passed by the Legislature and subsequently signed into law by President George Weah.
Cllr. Martin’s petition to 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 the controversial Act into law, which removes from office the current LACC Chairman and other commissioners who are serving in tenure position and making 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.”