—- Awaits Pres. Boakai’s Signing, But…. Legal Luminary Defers
IPNEWS: At least 50 members of the House of Representatives have concurred with Tuesday, April 9, resolution by the Liberian Senate for the establishment for a War and Economic Crimes court for Liberia.
Members of the House of Representatives concurred with the Senate’s amended resolution on Thursday, April 11, 2024, during its special setting at Capitol Hill and has now forwarded the concurrence with the office of President Joseph N. Baokia.
On Tuesday, April 9, 2024, the Liberian Senate signed and endorsed the much talked about joint resolution for the establishment War and Economic crimes court which emulated from the House of Representatives more than three weeks ago.
Prior to the resolution endorsement, a statement from Senate Pro-tempore’ Sen. Nyonblee Karnga-Lawrence stated that the resolution from the House of Representatives would be put on the floor of the Senate after its committees on judiciary, defense, security and intelligence reported that due to the delicacy of the matter, a debate and endorsement of a resolution be entertained for the full participation by the Liberian Senate.
“The Public is invited to follow the Senate session tomorrow Tuesday, April 9, 2024 as a major decision will be taken on calls for the establishment of the war and economic crimes court. The Senate notes the concerns of the public with respect to the establishment of the war and economic crimes court. However, members of the Senate have relied on advice from Members of the Committees on judiciary, defense, security and intelligence.”
“The public can be assured that just as they are concerned and interested in ending the culture of impunity in Liberia, Senators are also interested in ending what has been a long-standing issue of impunity but has been keen on taking the appropriate steps.” Sen. Nyonblee Karnga-Lawrence noted.
On the heels of this passage which marked a significant twist in for the establishment of a war and economic crimes court, especially by the signing of one its critic, Nimba county Senator Prince Y. Johnson, the U.S. Embassy near Monrovia has expressed gratitude to members of the Liberian Senate for the resolution establishment of the War and Economic Crimes Court.
“We commend the Liberian Senate for its landmark decision to pass the resolution establishing the War and Economic Crimes Court. This complements the resolution passed by the House of Representatives.”
“These actions reinforce President Boakai’s commitment of justice for the people of Liberia. After more than two decades after the end of the devastating civil war, it is time for the culture of accountability to begin.” The U.S. Statement read.
Now a legal luminary, Cllr. Sayma Syrenius Cephus, Esq, says there is no constitutional amendments required in the creation of a War and Economic crimes court as argured by many.
Cllr. Cephus, a former solicitor-General of Liberia, currently being sanctioned by the U.S. Department Of Treasury, argued that there are no constitutional amendments required for the establishment of War and Economic Crimes Court in Liberia.
He stated that the framers of the 1986 Constitution have vested in the people of Liberia massive constitutional powers to do whatever they feel or want for their own benefit and safety, sighting Article 1 of Chapter 1, titled : “STRUCTURE OF THE STATE”, expressly states: “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter 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.”
Clr. Cephus argued that under this article, there are seven (7) direct powers and eight (8) supplementary powers vested in the power of Liberia for the smooth governance of the Liberian State and for their own well being.
Under Article 1 of the 1986 Constitution, the Liberian people have:
- All Power
- Power to establish “All Free Governments” (are instituted by their authority).
- Power to make the government to attend to their benefit and happiness. That benefit includes but not limited to their joy, satisfaction, enjoyment, celebration, their approval in any manner, form and shape as to how they should be governed, why, when, where, and under what condition.
- Power to ensure democratic government; that power to ensure include but not limited to providing the requisite safeguards and guarantee to make the democratic space competitive and peaceful at all times.
- Power to determine the government which responds to their wishes.
- Power (the right) at such period to alter; and that constitutional right include but not limited to the power , change, set aside, and scrap;
- Power (the right) to reform and that also includes but not limited to right to modify, upgrade, and strengthen in any manner form and shape for their well-being.
These constitutional reforms and alterations processes become mandatory if the people expressly believe that their (1)Safety and (2) happiness are dependent upon them. The same Article 1 also grants unto the people the auxiliary (supplementary) power and right to:
- ( Power) to “Cause their public servants to leave office;
- Power to “Fill vacancies by regular elections; and that includes the right to canvass freely for votes, debate critical issues, express their views freely without any hindrance, and hold accountable public officials on promises made, among others; and
- Power “To make appointments. i.e. appoint qualified and competent Liberian citizens and professionals with the requisite experience and vision to lead. These rights are auxiliary or supplementary to the extent that they are not directly exercised except through an electoral (Article 77(b)) or appointing process or in a representative capacity through the executive branch (Article 54). SEE FULL TEXT IN OUR PERSOECTIVE COLUMN
