Monrovia – The already delayed senatorial by-election slated for Tuesday, July 31st, 2018, risks being delayed further, if not canceled due to a petition for Writ of Prohibition on the entire electoral process filed before the Supreme Court.
The Election Coordinating Committee (ECC), a pro-democracy group and not-for-profit organization, filed the petition on Wednesday, July 18, arguing that June 26, 2018 joint resolution adopted by the Legislature and the Executive is unconstitutional.
The senatorial by-election became necessary after the election of President George Weah and Vice President Jewel Howard-Taylor, who served as Senators for Montserrado and Bong Counties, respectively.
Per the Constitution, the by-election was supposed to be conducted in March this year [90 days after the National Elections Commission was informed by the Legislature of the vacancies]. It was, however, not possible due to unavailability of fund, thereby, giving reason for a new schedule.
Petition: “Petitioner says that the said Joint Resolution is in violation of the Constitution because it is not the Legislature and the Executive that will exclusively make decision and set dates for by-elections which the constitutional date had not been followed for the conduct of by-elections.
“This decision as articulated in Article 1 of the Constitution gives power to the people and that in such an event, the decision must emanate from all stakeholders of the Republic of Liberia to include the petitioner, interests groups, civil society organizations, and all political parties in the Republic of Liberia thereby representing the entire Liberian populace, and also to include our international partners (The Government could use the same article one to argue that lawmakers are direct representatives of the people and so they have the authority to enact such a legislation.
“I also think that the involvement of the actors mentioned is also an illegitimate means to amend the Constitution).”
Referencing Article 1 of the Constitution, the ECC contended that the power to decide a new date for the by-election should be a power reserved for “The People,” and not the Executive and Legislative Branches of government.
“Actions to usurp these powers from the people as is practically done by the Respondent and the National legislature and the Executive without the input of the represented by all of the Liberian Stakeholders is considered unconstitutional and should be declared as such by the Honourable Supreme Court of Liberia,” ECC noted in the petition.
Article 1 of the Constitution says: “All power is inherent in the people. All free governments are instituted by their authority and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments.”
According to the ECC, the powers and authority delegated to the Legislature and the President as dictated in Chapters V and VI of the Constitution are specific and clear and they do not include deciding the year for holding of census, nor the setting timeframe for the holding of by-elections.
“We believe that failing to conduct the by-elections within the Constitutional timeframe and then trying to use a Joint Resolution by the Legislature to remedy the situation is a deliberate and reckless unconstitutional behavior which, if not checked, will become a practice and a precedence for this Administration and future Administrations to ignore the Constitution in many other situations, in particular Article 2 and, thereby, transform Liberia into a country of men; and not of Laws,” the petition noted.
