Liberia: Creeping Referendum Victory Amid Complacent Opposition Win Celebration in mid-term Senatorial Elections

Elections

Liberia: Creeping Referendum Victory Amid Complacent Opposition Win Celebration in mid-term Senatorial Elections

IPNews-Monrovia: Liberians said “yes” to amendments by President George Weah to reduce the head of state’s term and allow dual citizenship, according to partial results for a third of the country’s regions announced Tuesday by the National Elections Commission, Chairperson Cllr. Davidetta Brown Lansanah.
About 2.5 million voters were asked to vote on December 8 on eight constitutional amendments, including one reducing the presidential term from six to five years.

The National Elections Commission (NEC) said “yes” to all eight questions won in the five counties where the count was completed, out of 15 counties in Liberia.

Recently the Rainbow Alliance raised alarm over the silence of the National Elections Commission-NEC, to communicate with relevant stockholders on the counting process of the Referendum.
Rainbow Alliance spokesman Dan Saye stated that the silence is worrisome as the issues of the Referendum holding alongside the midterm elections and going ahead announcing results of the 1 elections without results of the Referendum is counterproductive.
” The both items are apart of the elections held on December 8, 2020, so than, how come the National Elections Commission is announcing results of the elections and leaving out counting process, neither a glance of the tally sheet of the referendum is a serious matter which boarders on the integrity of the elections, especially the democracy of Liberia. ” Dan Saye told Journalist at a press conference.
For his part, the Chairman of the True Wing Party and Chairman of the Rainbow Alliance, Reginald Goodridge, told Journalist that Rainbow Alliance takes the results of the Referendum seriously and continued delays in the pronouncement of results is a dangerous precedence which are critical to Liberia’s peace and democracy.
Professor Goodridge stated there is a need for explanation from the NEC, to ascertain as to whether there were capacity issues or deeper issues which are of greater national concern that can be address.
“We demand explanation by the NEC why these results from the Referendum are not being called.”
“It has taken four days since the holding of these significant constitutional requirements, yet the NEC keeps announcing results from the Senatorial and districts elections yet, leaving the results of the Referendum.”
“We cannot permit this to happened and the National Elections Commission-NEC,needs to give explanation into this.” Reginald Goodridge emphasized
It may be recalled, Twenty-three Opposition Political Parties and Alliances in Liberia announced a boycott of the Referendum held on December 8, 2020.
NEC chairman Cllr. Davidetta Brown Lansanah, in a communication to heads of political parties and Alliances, called for the meeting Friday, November 27, 2020, to discuss key issues surrounding the holding of the December 8, 2020, midterm Senatorial elections and the Referendum amidst strong opposition from major state actors in Liberia, including the Press Union of Liberia, the Liberia Bar Association, the Council of Churches, including prominent Liberians.
The boycott by the twenty-three Opposition Political Parties and Alliances has heightened continued public perception that there is too much rush attached to ongoing call for the holding of the December 8, 2020, Referendum.
In November 2020, the Supreme court of Liberia, in a unanimous decision Wednesday, November 18, granted the CPP’s request for a writ of prohibition and mandated the National Elections Commission (NEC) to abandon the referendum, which was to be held alongside the Senatorial and Representative by-elections.
The boycott came less than 72 hours after Twenty-three opposition and Alliances called for the pending referendum to be halted.
In a communication to the Chairman if the National Elections Commission, Hon. Davidetta Brown Lansanah, the Oppositions comprising of twenty-three registered political parties of Liberia, cited their disappointment over the intention of the National Elections Commission, NEC, to proceed with the conduct of the 2020 Referendum in spite of a Supreme Court Ruling which clearly
prohibits your agency “from printing ballots for the Referendum contrary to Joint Resolution LEG-002/2019 of the Legislature and Article 92 of the Constitution”.
“Your intention was expressed in an interview which you hosted on Friday, November 20, 2020, and
repeated at a hastily arranged emergency IPCC meeting on Saturday, November 21 at the NEC headquarters in Sinkor. (We note that the said IPCC meeting was attended by only six political parties
falling far short of the quorum as spelled out in the IPCC MOU; and therefore, any decisions taken at
that meeting are non-binding). ” The opposition & Alliances stated.
The opposition parties and Alliances also stated that their disappointment stems from your attempt to narrowly interpret the ruling of the Supreme Court in contravention of Article 65 of the constitution which states; “Judgments of the Supreme Court shall be
final and binding and shall not be subject to appeal or review by any other branch of Government”.
Opposition collaborating & Alliance Parties: “The NEC’s statement of defiance of the Supreme Court’s ruling also raises disturbing credibility and
integrity questions of its commitment to preside over free and fair elections, and to abide by future rulings of the Supreme Court in elections disputes.”
The parties further reminded the National Elections Commission to be careful in the manner it is interpretation the ruling of the Honorable Supreme Court of Liberia.
” Let’s remind you to be careful in reviewing of the Supreme Court’s opinion delivered by Mr. Justice Yussif D. Kaba br correctly pointing out the following:
1. That, the National Legislature’s “Resolution, which serves as the initiating instrument of the
referendum, is correctly the foundational document that ought to guide and inform the process of
holding the referendum, rather than the Official Gazette…”.
2. The court finds that the Official Gazette is inconsistent with the dictates of the constitution, and
that the NEC is prevented from printing ballots relying on the said Official Gazette Since the NEC intends proceeding with the referendum by unilaterally expanding the THREE propositions as presented in the Official Gazette published in October 2019, to EIGHT as prescribed by
the Constitution, we are concerned that such scenario creates more problems than it intends to solve.
In the first instance, the NEC has unveiled THREE SYMBOLS as a guide to voters to coincide with the
unconstitutional Gazette. How does NEC intend to reconcile the THREE SYMBOLS which it has unveiled with the FIVE additional propositions that will be added to the ballot for the consideration of voters? It presupposes that adequate time is required to unveil the additional FIVE SYMBOLS and
conduct public awareness as required by Article 92 of the Constitution.” The parties insisted.
The Collaborating political parties & Alliances stated that in order for NEC to print ballots on the basis of the EIGHT proposed amendments, there must first be a new Official Gazette issued by the Liberian Government listing the EIGHT proposed amendments.
“NEC by itself cannot print ballots without the Official Gazette consistent with the Constitution.
Before the ballots are printed, there must be close collaboration with the political parties, and major
stakeholders to derive a consensus on the SYMBOLS which will form the basis for public education.”
“NEC cannot, must not unilaterally decide on the type of SYMBOLS to be used. We note that the NEC is merely an implementing agency. It is not an agency of original jurisdiction for
triggering referendum processes; hence, we urge that caution be applied in the premises. Most importantly, we refer to Article 93 of the constitution which says, “The limitation of the
Presidential term of office to two terms, each of six years duration, may be subject to amendment;
provided that the amendment shall not become effective during the term of office of the incumbent
President”.
“We take note that both the Legislature’s Resolution and the subsequent Official Gazette are both silent on Article 93, which in our view should first be repealed before proceeding with amendment, which the flawed referendum attempts to address.

“ Within less than two weeks before Election Day, we are deeply troubled by the haste with which the NEC plans to proceed with the holding of the flawed referendum against the wishes of the Liberian people.”
The twenty-three political parties and Alliances statement precipitated comments by Minister Nathaniel McGill argument at a press conference in the C. Cecil Dennis Hall, that contrary to public negative perception that the was canceled , the ‘Referendum is on course and will go ahead as planned’.
McGill stated that the propaganda is being perpetrated by some greedy politicians to stay in position for a protracted period at the detriment of the suffering masses.
“We call on Liberians across the country to turn out and vote a yes vote come December 8, 2020, for the eight proposition stated to be on the ballot.”
” I think its a new day in Liberia where the government does not intend to stay in power for so long. This is laudable that the government for the first time wants to give you the opportunity to have a share in the political say of our country. ” Minister McGill stated.
Minister McGill also questioned the sincerity of some politicians purporting to be in adherence to the rule of law when they are campaigning that the referendum be canceled.
Minister McGill: ” Liberia is a strange place. How can we say we respect the rule of Law when we cannot respect the rights of others.
” We cannot have a law in place which violates the rights of other Liberians the right to hold citizenship because they sought greener pastures in other countries during crisis periods. This act of politicking is wrong and has an evil intend at the determent of the forward march of the country.”
“We got to stop this attitude that ‘if it is not me, it should not be you’.” McGill stated.
For his part, Liberia’s chief prosecutor and Solicitor-General,S. Sayma Cephus reemphasized that the ruling of the Supreme Court was misinterpreted and the process is well on course.
“The Supreme Court did not cancel any referendum. The ruling return to statues code and those provision are being respected. As a matter of fact, the National Elections Commission-NEC, on yesterday announced that it has begun printing of ballot including the eight provisions of the proposed propositions. Cllr. Cephus stated.
But in contrast to Minister Nathaniel McGill’s argument, the Former Chairperson of the Constitution Review Committee, Cllr. Gloria Musu-Scott, cautioned the National Elections Commission to go ahead in vigorously instituting thorough education to the citizens of Liberia on various proposition of the Referendum.
The former Liberian Chief Justice wonders whether the National Elections Commission have sufficient Time to go out and educate voters on the new format of the referendum with the constitution prescribing not less than twelve months.
Cllr. Gloria Musu-Scott warns that the credibility of the outcome will be undermined if it go ahead with the pending December 8, 2020, Referendum.
The former Chief Justice of Liberia, Cllr Gloria Musu Scott, cautioned the National Elections Commission (NEC) to be bold to advise the government that if the referendum proceeds in the way it is currently being handled, it will undermine the credibility of the outcome.
“I expect NEC to be bold enough to say that if we proceed this way, it will undermine the credibility of the outcome of this process, and accordingly advise the government- it will be in the best interest of NEC, the President and the republic; as an old country, we need to do things rightly,” Cllr. Scott said.
The former Chief Justice’s statement comes days after the Supreme Court of Liberia ruled that it is unconstitutional to place eight resolutions prepared for a national referendum into five portions. Article 92 of the Constitution stipulates that each proposed amendment to the Constitution must be accompanied by a statement which states the reason for the amendment and must be published in the Government’s official gazette.
Cllr. Scott, who is also the former Chairperson of the Constitution Review Committee, emphasized that the Constitution stipulates that the amendment should not be voted on earlier than twelve months. She recalled that during the nationwide tour of the CRC, citizens agreed that the tenure of the presidency be reduced from six to four years; senators from nine to six; representatives from six to four.
“So, now that the Legislature has passed the resolution that is contained in the gazette changing the mandate of the citizens with respect to the CRC Report, it is incumbent upon those who have the responsibility, as per the Constitution, to go back to the people and explain to them reasons for the change and implications. But without doing that, you want to denigrate the work of the CRC and use it as a cloak…”? Former Chief Justice Scott emphasized the need to thoroughly educate the citizens on what it means if they say yes or no; “That is the responsibility of those functionaries who are assigned to perform such functions, and they should not hide under the work that we did. Do you know what it means to stand up as Minister of Presidential Affairs and say vote yes; you are speaking for the Presidency. Is that what we want, without explaining to the people why they should vote yes? That is abusing the decision of those who repose their confidence in the presidency. If you really love the President and want him to go down in history and have a legacy, do it right — that’s the best you can do for him, and this republic which is finding a direction.”

In a related midterm Senatorial election results, voters inflicted a serious setback on the ruling party in the senatorial vote held on the same day, December 8,2020.

The opposition has won 15 out of 30 senate seats, including the one for Montserrado County, the most populous county in the country, which includes the capital Monrovia.

In the Senate, of the seven counties fully counted, the opposition won four, compared with two for George Weah’s Congress for Democratic Change (CDC) and one for an independent candidate, according to the NEC.

In George Weah’s historic electoral stronghold, one of his fiercest opponents, Senator Darius Dillon, was re-elected with 61% of the vote, according to the electoral commission.

The vote was also a referendum on President Weah, who had raised high hopes in 2018 by coming to power in this West African country still marked by the civil war of 1989-2003 and the Ebola epidemic of 2014-2016.

Weah Opponents accuses him of failing to turn the economy around and enthusiasm gave way to disenchantment. The main opposition parties had called for a boycott of the referendum.

Although Weah, 54, is still in his first term, his opponents fear he will take advantage of a constitutional amendment to argue that the law offers him a fresh start, as did his Guinean counterpart and neighbor Alpha Condé and Ivory Coast’s Alassane Ouattara.

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