–Deputy Speaker, Others Rebuke Senate; Want Election Magistrates’ Bill Quashed

IPNEWS: A fortnight ago, elections magistrates across Liberia threatened to sue the Government if the Senate’s decision to amend the New Elections Law of 2014 that declares all Elections Magistrates’ seats vacant after 90 days.

The magistrates argued that the amendment tampered with their civil service status and warned the House of Representatives not to follow suit, as doing so could lead to legal action.

The magistrates have also expressed fear that the House of Representatives might concur with the Senate to enact the measure, which would negatively impact them “with no warranted justifiable reasons.”

“It is not that we are afraid to call our names,” the anonymous magistrates told a local news outlet, DAILY OBSERVER on August 22, “but we are waiting to see if the House of Representatives will concur with the Senate on this. The President signing it into law will lead us into action – going to court to seek redress.”

“Any attempt on the part of the Legislature, which has no constitutional right to appoint Election Magistrates, will not go unchallenged,” the Magistrates said.

The Senate’s decision to amend the New Elections Law of 2014 that affect Elections Magistrates across the country has caught the attention of Deputy House Speaker Cllr. J. Fonati Koffa, the Political Leader and Standard Bearer of the Alternative National Congress (ANC) and the Collaborating Political Parties (CPP), Mr. Alexander B. Cummings, and presidential hopeful and political leader of opposition Vision for Liberia Transformation Party (VOLT), Dr. Jeremiah Whapoe, among others.

On his part, Deputy House Speaker, Cllr. J. Fonati Koffa cautioned his colleagues that he will campaign against the passage of a Senate amendment to the New Election Law of 2014 that seeks to declare all Elections Magistrates’ seats vacant after 90 days.

The Deputy House Speakers notes: “It is not the business of the Legislature to interfere with administrative matters of the National Elections Commission.”

Cllr. Kofa says he rejects a legislative measure by the Senate to restate the portion of the country’s election law that calls for the dismissal of elections magistrates.

Kofa’s disapprobation would be a lethal blow to the Senate’s legislative action, which critics have slammed as a ‘dangerous move’ ahead of the 2023 presidential and legislative elections.

The Senate amendment aims to remove all Elections Magistrates from their posts and have them reapply if they wish, 90 days upon the amendment’s enactment into law.

Section 2.24(a) of the amended law states: “90 days after the passage of this Act, all Election Magistrates in the 15-Counties must be removed and positions considered vacant. This section also gives the right to those removed magistrates to re-apply.”

But Rep. Kofa, while rebuking the Senate, said the issues about Election Magistrates are administrative and fall under the direct control of the National Elections Commission (NEC), rather than the Legislature. Therefore, there should be no attempt to venture into creating a new law targeting the magistrates.

Magistrates are not subjected to confirmation before the Senate – something Deputy House Speaker Kofa says should have been carefully looked at by the Senate before making such a proposal. He reiterated that the NEC is an autonomous constitutional body and it should conduct its affairs without the interference of the Legislature.

“I don’t think it is the business of the Legislature to interfere with administrative matters,” the Grand Kru District #2 Representative stressed. “I think that is purely within the purview of the NEC. I respect the views of the Senate but I, for one, will be opposing any amendment of such kind if it comes to the House. I think it should be squarely left with the NEC.”

He added that as Liberia’s election year of 2023 draws closer, care should be taken not to create any dark cloud ahead of the polls and the Senate’s measure intends to create that dark cloud.

He assured the Magistrates and the electoral body (NEC) that he will do all he can in his capacity to ensure there are enough votes to nullify the Senate’s attempt.

Meanwhile, the Deputy Speaker’s rejection of the Senate vote comes as a former chairperson of NEC, James Fromayan, claimed that the Senate’s amendment may have an ‘ulterior motive’ and, if care is not taken, NEC might not have the independence it ought to have in the conduct of elections in 2023 and beyond.

The onus will be on the justice system to do the right thing or fail the Liberian people. We are waiting to see what happens,” Fromayan said. “Magistrates are not employed by the Legislature and they do not even go for confirmation, but work under the direct supervision of the NEC Board of Commissioners, which falls under the Executive branch of government.”

“Magistrates are hired based on good conduct, proven credibility, and a first degree, as well as competence. They are only fired based on proven records of bad conduct or corruption. These are what I know. But hearing that a group of Lawmakers want their interest served and, as such, they have embarked on tampering with the Law is sickening and should be condemned,” he said.

On his part, the political leader and standard bearer of opposition Alternative National Congress (ANC) and Collaborating Political Party (CPP), Alexander Cummings wrote President George Weah three days ago about the recent decision and intent of the Liberian Senate to remove and replace all Election Magistrates who are trained and experienced. “This decision is not recommended by the National Elections Commission, and is unsupported by any reasoning that advances our nation’s need for increased fairness and improved credibility in our electoral processes.”

He says in his communication to the President that “this leaves an unfortunate impression that it is unhelpful, if not even hurtful to the conduct of free, fair and credible elections in 2023, a process that is pivotal to the consolidation of peace, security and democracy in the country.”

The ANC and CPP leader then urged President Weah to veto this decision of the Liberian Senate should such unhelpful decision reach his desk. “This will be the right thing to do for Liberia, for the Liberian people, and for our cherished peace, democracy and security.”

As for presidential hopeful and political leader of the opposition Vision for Liberia Transformation Party (VOLT), Dr. Jeremiah Z. Whapoe, the “Bill to retire all Election Magistrates, across the country is unconstitutional, criminal in nature, and a breeding ground for violence and corruption” Dr. Whapoe terms new election bill.”

Dr. Whapoe cautioned the Senate saying: “If they do not want the reversion of what we went through during the country’s dark days … let them recall that Bill and that Bill … die in the House of Representatives,” Dr. Whapoe said over the weekend.

The opposition Vision for Liberia Transformation Party (VOLT) political leader warned against reverting to the nightmare that the country passed through during its dark days.

Dr. Whapoe suggested that the Bill is a breeding ground for corruption and violence, noting that “we are not here for violence because we want to maintain the peace.”

On Tuesday, 9 August 2022, President George Weah requested lawmakers to return from their break to discuss critical national issues for the period of 30 days which began on 15 August 2022 and will end Tuesday, 13 September 2022.

Among others, the issues included a request for legislators to pass the amendment of the New Elections Law of 2014 which calls for the immediate dismissal and retirement of all Election Magistrates across the country.

But Dr. Whapoe called on the Senate to reject the Bill because it allegedly aims to allow President Weah’s Coalition for Democratic Change (CDC) government to rig the 2023 presidential and legislative elections.

Dr. Whapoe warned that such acts of rigging in previous historical elections in Liberia led to war and conflict.

“The passage of this Bill will clearly indicate that the Senate is working with the Executive, headed by the President to rig this election,” said Dr. Whapoe.

“They want to work in the favor of President Weah to rig the election. We see this as unconstitutional, unprovoked and criminal in nature,” Dr. Whapoe emphasized.

He added that this action if taken will violate the human and constitutional rights of Liberians, therefore, the Bill should be stopped right now.

The VOLT political leader threatened to file a complaint with the Economic Community of West African States (ECOWAS), the United States Government, the European Union (EU) and other international partners if the Senate passes the Bill.

He expressed fear that the result of the 2023 elections will not be satisfactory to the Liberian people if this Bill is passed.

The VOLT political leader also pointed out that they will take a very strong stance and diverse positions against the Senate if the Bill is passed.

“The Senators have put themselves together with a mandate from the President so that they could pass a Bill that would enable them dismiss and retire all election magistrates across the country,” Dr. Whapoe lamented.

He claimed that the purpose of this Bill is to reappoint CDC Magistrates to spearhead the pending elections.

But Dr. Whapoe warned that this is very detrimental to the country, describing the bill as criminal in nature and only intended to give the CDC an opportunity to appoint partisan Magistrates to rig the elections.

“All of those magistrates… are properly trained and there has been no fraud on their part over the time for which you want to dismiss and retire them,” Dr. Whapoe lamented.

The decision of the Senate to amend the New Elections Law of 2014 regarding the Election Magistrates comes just barely 14 months to Presidential and Legislative Elections of 2023, in which President George Weah is seeking a second term.

Political pundits and Liberians wonder what the motive is when the government in similar faction recently amended the Act creating the Liberian Anti-Corruption Commission (LACC) and scratched the entire leadership of the Commission even before their tenure expired.

The eviction of the entire LACC leadership under Chairperson Cllr. Edwin Kla Martin came after audit conducted by the anti-graft institution indicted heads of several government entities for corruption. The audit reports are being swept under the rug by the Executive.

Now, according to political pundits and ordinary Liberians, there is another push by the Executive, this time around to replace all electoral magistrates, as the nation prepares for elections in 2023. “Who are those new magistrates that the Executive wants to bring on board and what is the motive”? the pundits wonder.

Liberians home and abroad are scratching their heads to understand the decision behind current attempt to replace qualified and experience Election Magistrates with new people that may be handpicked for political interest to preside over what is supposed to be a democratic process.

Liberians speaking via various local radio call-in programs have expressed apprehension over the Senate’s decision, which they term very critical to the democratic process in Liberia and have called on both the Executive and Legislature to desist from replacing Election Magistrates across the country on the heels of major elections. According to most Liberians, “we believe that acting in ways that could lead to mistrust and contention could be a recipe for potential violence during and after the polls.”

Political experts say the Senate’s intention to amend certain portion of the New Elections Law of 2014 is a ploy to dismiss the current Election Magistrates where a situation will be created for them to re-apply, thus giving the ruling establishment the opportunity to accept and employ as Election Magistrates those who may have ties to them politically ahead of the 2023 presidential and legislative elections.

The ball is now in the court of the House of Representatives to reject the amendments made by the Senate to the New Elections Law of 2014 which targets Election Magistrates. Pundits believe if members of the House join their Deputy Speaker J. Fonati Kofa and other well-meaning meaning prominent Liberians to oppose the Senate’s amendment that will create a level playing field for the 2023 presidential and legislative elections.

Also, the notion being harbored by most Liberians that the Senate’s decision is a ‘dangerous move’ to support the Executive to allegedly rig the 2023 presidential and legislative elections could be dispelled if the House of Representatives rejects the Senate’s version of the amended New Elections Law of 2014.