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Things Falling Apart: LACC Boss Cllr. Martin Exposes Legal Flaws In Act To Replace Commissioners

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PHOTO: LACC Chairman, Cllr. Edward Kla Martin determined not to take  things lying down

By Garmah Never Lomo, garmahlomo@gmail.com

TEMPLE OF JUSTICE, Monrovia- 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 petition 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 positiona dn 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.

b. Ambassadors, Ministers and consuls

c. The Chief Justice and Associates Justices of the Supreme Court and Judges of subordinate courts;

d. Superintendents, county officials and officials of other political sub-divisions;

e. 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. 

  1. 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  

  1. 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. 
  1. 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  
  1. Grant unto petitioner and other and further reliefs as your May deem just, legal and equitable in the premises.

 

 

 

 

 

 

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