-New Code of Conduct May Become A Hanging Wedge for Aspirants in 2023 Elections
IPNEWS: On June 20, 2014, the Government of Liberia printed into handbill “An Act of Legislature Prescribing a National Code of Conduct for All Public Officials and Employees of the Government” in line with the 1986 constitutional requirement to curb certain vices which are inimical to the economic.
Originators of the 1986 basic law included this provision to protect the integrity of public service and guard against conflicts of interest among officials holding public office. The code of conduct (CoC ) contains an exhaustive list of actions – including bribery, nepotism, lobbying, and unethical behavior – that could give rise to a conflict of interest or undermine the credibility of public policy.
It may be recalled ahead of 2017, like many others, the Superintendent of Bong County, Selena Mappy-Polson, in October 2015, filed a petition before the Circuit Judge of the Ninth Judicial Circuit Court for Bong County for a declaratory judgment of the unconstitutionality of clauses in Part V. In its November 2015 ruling, the Circuit Court referred the matter to the Supreme Court of Liberia.
In March 2017, the Supreme Court ruled – by a 3-2 majority vote – that the petition “both in law and in fact, were hereby denied” and saw “no compelling basis to declare the Code of Conduct Act unconstitutional”. The decision by two of the five justices to refuse to affix their signatures to the ruling and to publish their dissensions fueled a tense and intractable political debate.
Critics of the judgment, including a former Chief Justice, Johnny Lewis, were stunned by the decision to uphold legislation that could, if rigorously enforced, prevent experienced and competent public servants from standing – or even campaigning – in the 2017 October elections. In the long run, suitable people could be deterred from taking up policymaking or executive roles in government. Political parties, almost all of which are fielding prospective candidates who are in open and flagrant violation of the CoC, have so far continued to insist the law is unconstitutional despite the March 2017 ruling. The then secretary general of the ruling Unity Party, one of its vice chairmen, and several leading party activists kept their cabinet positions, including Harrison Karnwea, former vice-presidential candidate of the opposition Liberal Party, and also a former Director of the Liberian Forestry Development Authority; The leader of the Movement for Economic Empowerment, Mills Jones, who had assured his supporters that nothing will stop him from contesting the election despite the fact that he too was potentially affected by the ruling.
A critical juncture:
Early January 2022, Montserrado County Senator Darius Dillon submitted a bill seeking to amend several portions of the National Code of Conduct, especially relating to the use of government properties for political activities.
In his bill, Senator Dillon laid emphasis on Part 5, Sections 5.1, 5.2, 5.3 of the Code of Conduct.
Part 5 Section V. of the Code of Conduct on Political Participation prohibits all officials appointed by the President of the Republic of Liberia from using Government facilities, equipment or resources in support of partisan or political activities. The then-proposed amendment also sought to prohibit government officials from using government equipment including cars and others after work hours.
Senator Dillon told Legislative reporters that the proposed bill would recommend that officials of the Executive wanting to contest elected office resign at least one month from the day he/she applies to the Elections Commission, expressing their interests to contest for an elective public office.
The current law mandates officials of the Executive to resign two years to an election year. In his opinion, officials of the Executive should be given dispensation in the exercise of their political rights, especially during electoral processes.
In 5.3 of the Code of Conduct, Senator Dillon recommended that it is unlawful, and would be a violation of the right of any person for any public official to intimidate, threaten, or coerce, or to attempt to intimidate, threaten or coerce such person for the purpose of interfering with the right of such person to vote or not to vote as he may choose, or of causing such person (s) to vote for, or not to vote for, any candidate for any elected public.
Section 5.3 as it is; states that, It is unlawful for any public official to intimidate, threaten, or coerce, or to attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other persons to vote or not to vote as he may choose, or of causing such other persons to vote for, or not to vote for, any candidate for any elected public office.
Senator Dillon further recommended that 5.9 be amended that, any Public official, after due process, who is found guilty of violating any provision of this section shall be immediately removed from the position or office held by him/her; shall be denied the right to contest for any elective public office in the election at hand, and where the violation established has a criminal nature, said official or employee shall be prosecuted in accordance with the law.
The Republic shall make no payment to said individual under any pretext whatsoever as compensation for time served; neither shall say individual be entitled to any benefit in the name of retirement.
The law as it is currently stated in Section 5.9 that any public official, after due process, who is found guilty of violating any provision of this section shall be immediately removed from the position or office held by him/her, and thereafter no part of the funds appropriated by any law for such position or office shall be used to pay compensation to such person.
Now, nine months down the road, the Liberian Senate has concurred with the House of Representatives since September 16, 2022, to enact a bill amending Section 5.2 and Section 10.2 of the 2014 Code of Conduct, awaiting the approval by the President of Liberia.
The new amendment of Section 5.2 of the Code of Conduct will now obligate members of the government wishing to canvass or contest elective offices to resigned between now then Friday, October 7, 2022, one calendar year ahead as stipulated in the new code of conduct law passed by both houses of the Liberian Legislature.
The provisions of the law have now sparked public debate as to why members of the Legislature themselves are not captured under the clauses prohibiting them within a time firm before the conduct of presidential and Legislative elections.
Provisions of the new code of conduct under POLITICAL PARTICIPATION 5.1, state: “ All Officials appointed by the President of the Republic of Liberia shall not: a) engage in political activities, canvass or contest for elected offices; b) use Government facilities, equipment or resources in support of partisan or political activities; c) serve on a campaign team of any political party, or the campaign of any independent candidate.”.
The contested provision which has sparked debate is section 5.2, which states that “Wherein, any person in the category stated in section 5.1 herein above, desires to canvass or contest for an elective public position, the following shall apply; a) Any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President pursuant to Article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors, who desires to contest for public elective office shall resign said post ‘one Year prior to the date of such public elections.’
The new code of conduct emphasizes in count ( b) Any other official appointed by the President who holds a tenured position and desires to contest for public elective office shall resign also one year prior to the date of such public elections., However, count ( C) states that in the case of impeachment, death, resignation, or disability of an elected official, any official listed above, desirous of canvassing or contesting to fill such position must resign said position within thirty days following the declaration by the National Elections Commission of the vacancy.
On the provision of protecting civil liberties, especially the right to vote or not to vote during the election, the new code of conduct states in 5.3, that ‘It is unlawful for any public official to intimidate, threaten, or coerce, or to attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other persons to vote or not to vote as he may choose, or of causing such other persons to vote for, or not to vote for, any candidate for any elected public office.
Section 5.4 It is unlawful for any public official, directly or indirectly, to promise any employment, position, work, compensation, or another benefit, provided for or made possible in whole or in part by any Act of Legislature, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in any election.
Section 5.5,5.6, and 5.7, state that ‘It is unlawful for any public official to deprive, attempt to deprive, or threaten to deprive, by any means, another person of employment, position, work, compensation, or other benefit provided for or made possible by any law appropriating funds for work relief or relief purposes, on account of race, creed, color, or any political activity, support of, or opposition to any candidate or any political party in any election. While It is unlawful for any public official to solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose whatsoever from any person known by him to be entitled to or receiving compensation, employment, or other benefit provided for or made possible by any law appropriating funds for work relief or relief purposes; and It is unlawful for any public official for political purposes to furnish or to disclose, or to aid or assist in furnishing or disclosing, any list or names of persons receiving compensation, employment, or benefits provided for or made possible by any Act of Legislature appropriating, or authorizing the appropriation of funds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee, 10 or campaign manager, and it shall be unlawful for any person to receive any such list or names for political purposes.
Importantly, section 5.8, 5.9, and 5.10, states that it is unlawful for any Civil Servant employed in any branch of the Government to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No officer or employee in the Executive Branch of Government, or any agency or department thereof, shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects, and any public official, after due process, who is found guilty of violating any provision of this section shall be immediately removed from the position or office held by him/her, and thereafter no part of the funds appropriated by any law for such position or office shall be used to pay compensation to such person; and avoidance of Conflict – Politics and Work Every Employee of Government shall ensure that his or her participation in political activities does not bring him or her in conflict with official duties.
Ombudsman
Another issue that has sparked controversy is the appointment and enforcement of the Ombudsman.
The ongoing debate over the CoC implementation as guaranteed by the supreme is responsible for developing regulations for the CoC in collaboration with the three branches of government and civil society, but it lacks the authority or capacity to deal with the crucial and complicated political issues that may arise.
Now, there are indications that the repeat of political occurrences in the 2017, presidential and Legislative elections are about to reset due to the incompletion of the Ombudsman by President George Manneh Weah.
The code of Conduct empowers the President to appoint Ombudsman to safeguard its adherence by receiving and investigating complaints against public officials on alleged violations.
Early February 2022, Representative Alexander Poure (District #1, River Gee County) launched a campaign to exert more pressure on President George Weah to appoint an Ombudsman for the Code of Conduct.
Rep. Poure’s first move in a communication to the Plenary of the House of Representatives, seeking its approval to invite President Weah to state reasons why he has not appointed an ombudsman to ensure adherence to the Code of Conduct (COC). But House Speaker Bhofal Chambers refused to place Representative Alexander Poure’s letter on the floor for discussion and subsequent action.
Rep. Poure told reporters that the law has been constantly violated because of successive Presidents’ refusal to appoint the Ombudsman.
“By inference, I am inclined to a conclusion that these violations against the Code of Conduct are attributed to the President of the Republic of Liberia’s refusal to appoint an Ombudsman. The former President, Madam Ellen Johnson Sirleaf reneged on appointing an Ombudsman and now President George Manneh Weah,” he said.
He continues: “I am pleased to request the approval that Plenary of the House of Representatives invites the President of the Republic of Liberia, His Excellency George Manneh Weah to appear in order to explain to the House’s Plenary why he has not appointed an Ombudsman that is charged with the responsibility to monitor, evaluate and receive complaints on alleged violation against the law.”
“Protecting President Weah”
For several days since the inception of the House’s fourth session, Representative Poure is often seen waving his hands during the adoption of plenary’s agenda, but cannot be recognized by the Speaker. When questioned by reporters why he is often snubbed by the Speaker in session, Rep. Poure accused the presiding officer of denying him and by extension, the House of Representatives of exercising its oversight responsibility by shielding the President from being questioned for his failure to perform one of his cardinal duties.
He said for too long the law has been violated, as evidenced by the recent Special Senatorial Elections, when government assets such as vehicles and facilities were used for political campaigns.
“The buses that were donated by the Indian Government to the Government and People of Liberia, managed by the National Transit Authority are seen in political campaigns, transporting supporters and members of political parties to political rallies at the disadvantage of students, commuters, and generally the Liberian Populace.”
Speaker Chambers has often been criticized for “shielding” members of the Executive from legislative scrutiny. However, there are split opinions over Rep. Poure’s letter inviting the President to Plenary.
