Supreme Court Reserves Ruling into LACC Chairperson Cllr. Martin’s Petition

Laws & Order

Supreme Court Reserves Ruling into LACC Chairperson Cllr. Martin’s Petition

IPNEWS: The Supreme Court of Liberia on Thursday, December 1, 2022, reserved a ruling into the Chairperson of the Liberia Anti-Corruption Commission (LACC), Cllr. Edwin K. Martin’s petition.

During their argument before the full bench, both the petitioners and the respondent were represented by their Lawyers for the hearing.

A lawyer representing the LACC chairperson Martin, Cllr. J. Johnny Momoh argued that the petitioner has raised one particular issue and prayed for the full bench to declare unconstitutional sections 16.1 and 16. 2 of the Act to amend and reinstate an Act to establish the Liberia Anti-Corruption Commission and to re-establish the Liberia Anti-Corruption Commission, approved July 22, 2022 and printed in handbill on July 25, 2022.

They also pray that, the full bench will issue the requisite judicial order that the Justices may seem expedient to inhibit, restrain and stay the use or exercise in any form, manner or shape the purported new LACC act.

And that the High Court will grant onto petitioners all and any further relief not specifically pleaded but which the Justices may seem just and equitable in the premises.

It can be recalled that the Chairperson of the LACC, Cllr. Edwin K. Martin through his lawyers filed a Petition before the Supreme Court on October 19, 2022, at 2:30 pm.

In their petition they quoted  that sections 6.1 of the Act, provide for the Anti-Corruption Commission to have five individual members known as commissioners one of whom should be appointed  as chairperson, one as vice Chairperson who should act as chairperson in the absence of the Chairperson, while section 6.2 of the selfsame Act provides for the nomination of the five  Commissioners to be made by the President of the Republic of Liberia and upon being confirmed by the Senate, subsequently be appointed and Commission to their respective office by the President..

The petition further says that having being appointed, confirmed, commissioned and given a tenure of five consecutive each under section 6.6 of an Act to establish the Liberia Anti-Corruption Commission” which was approved August 21, 2008 and printed in handbill on August 28, 2008 (Petitioners’ Exhibit), he has been vested with the exclusive constitutional rights to occupy, duly exercise and perform his functions and responsibilities without any molestation or hindrance, and shall be removed “upon proven cause” under section 6.8 of an act to establish the Liberia Anti-Corruption t (Petitioners’ Exhibit P/1) consistent with due process of law as laid under article 20(a) of the 1986 Constitution of Liberia.

Petitioners say that his tenure constitutes legitimate contract under article 25 of the 1986 Constitution which can neither be impaired nor arbitrarily concealed by the mere passage of a law without due process in keeping with article 20(a) of the 1986 constitution. By Jackie L. Dennis

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