By our Reporter
The By-elections in Montserrado and Bong counties to replace former Senators George Weah and Jewel Howard-Taylor have hit another snag, with the Inter-Party Consultative Committee (IPCC), describing the July 31 polls as unconstitutional.
A statement from the IPCC over the weekend indicated that it will file a petition for a Writ of Prohibition at the Supreme Court of Liberia, in order to stop the elections, claiming that Article 37 of the country’s constitution is being violated.
The parties dismissed the Joint Resolution recently passed by the Legislature setting July 31, 2018 as the date for the By-elections, after the CDC-led government failed to provide the needed funds on time back in May.
Because of this, the two By-elections were unable to hold within the constitutionally mandated three months period, upon the declaration of the vacancy by the Legislature.
The Inter-Party Consultative Committee (IPCC) said it was illegal for the 54th Legislature of Liberia “to override Articles 34 and 37 of the 1986 Constitution of Liberia, relative to the holding of the by-elections to fill two vacant seats in the Liberian Senate.”
In their statement, the IPCC revealed that it had some time ago advised President George Weah that holding a consultative meetings with parties to change the elections date was a violation of Article 1 of the Liberian constitution which says, “All powers is inherent in the people.”
The parties argued further: “The current constitutional default cannot be the current constitutional default cannot be remedied by setting the Constitution aside, we contend, logic and reasoning dictate that, if the sitting Head of State (the President), citing Article 1 as a reliance, convenes a stakeholder forum of leaders of national organizations, said forum will qualify as a National Conference to make a decision that would stand as a Sovereign Decision and Will of the People as defined in Article 1,”
Therefore, the IPCC has resolved on a two-count position rejecting the holding of the Senatorial By-elections in Montserrado and Bong slated for July 31 in its statement released on July 5, 2018.
“NOW, THEREFORE, having outlined our analysis of the failure of the National Elections Commission (NEC) to conduct the by-elections in accordance with Article 37 of the 1986 Constitution of Liberia, we, the undersigned member-parties of the Inter-Party Consultative Committee, IPCC, hereby declare that:
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The by-elections planned by NEC to be held on July 31, 2018, for the purpose of filling the current vacant seats in the Liberian Senate for Montserrado and Bong Counties, are unconstitutional in that they are being conducted not in keeping with the desire and authority of the Liberia people as mandated in Article 37 of the 1986 Constitution of the country; and
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We will seek a prohibition against the planned by-elections pending determination, by the Honorable Supreme Court of the Republic of Liberia, as to the constitutional authority of the Legislature and the President to set timeframes for holding by-elections, or any elections for that matter, in Liberia.”
The Elections Coordinating Committee (ECC) had also said that changing the By-elections date by a Legislative Joint Resolution was unconstitutional.
The ECC weeks ago threatened to take the matter to the Supreme Court for a Writ of Prohibition, if lawmakers went ahead with passing the Joint Resolution.
Before that, Montserrado County Representative Yekeh Kolubah file a petition for a Writ of Prohibition against any change of the elections date outside the constitutional time frame in Article 37.
It’s not known how all this contention will end up, as campaigning is already underway, after the National Elections Commission (NEC) at the start of July declared campaign officially opened in Montserrado and Bong counties.
Five candidates are contesting for the lone Senatorial seat in Montserrado, while seven are in the race for the only seat in Bong.
If the two incumbent Representative vying for Senator in Montserrado—Saah Joseph (CDC) and Bong—Marvin Cole (CDC)—win the pending election, government will have to source at least a million US dollars to conduct them within 90 days as required by the constitution.
But the CDC government has repeatedly complained about being broke.