The Supreme Court of Liberia has issued an injunction prohibiting the Ministry of Justice from executing the newly restated Liberia Anti-Corruption Commission (LACC) Act, which was signed into regulation not too long ago by President George Weah.
However, the nation’s highest Court choice got here because of a “writ of prohibition” filed by the LACC Executive Director, Cllr. Edwin Kla Martin requesting the Court to forbid the Weah administration from implementing the restated act which dissolved the present workforce together with Martins tenured place of the anti-corruption.
Accordingly, the Court within the writ issued underneath the signature of the Clerk of Court Sam Mamulu stated, “You are hereby commanded to notify the Ministry of Justice, Republic of Liberia, respondent in the above-entitled case, of action to appear and file its returns before the full bench of the Supreme Court on November 10 to show cause why the petitioner’s petition should not be granted,”
The Court then ordered that the implementation of the restated LACC Act be positioned on maintain till a ruling is made. This choice got here after the Justice in chamber, Associate Justice Yussif D. Kaba, forwarded Martin’s criticism to the total bench with out ruling on the deserves of the case, because it borders on constitutional points that may solely be heard and decided by the total bench of the courtroom.
Kaba’s choice to permit his colleagues and himself ample alternative to check the deserves earlier than a closing ruling could be made is in keeping with the nation’s 1986 Constitution, which prohibits a single chamber justice to situation a choice on constitutional provisions.
Martin, in his current authorized motion towards the federal government, famous that the 2022 legislative modification of the 2008 Act establishing the LACC was in violation of the 1986 Constitution, arguing that the restated LACC act quantities to a breach of contract as the federal government was in error to dissolve his tenured place, then recreating the identical.
Part XVI of the restated act, in line with Martin, was additionally discriminatory and fully in violation of the nation’s 1986 Constitution, saying the regulation shouldn’t be allowed to exist as to impede the efforts of the LACC and different integrity organizations to uncover corrupt officers.
The part, as quoted by Martin, mandates the Weah authorities to make sure that the present LACC senior administration workforce stays in workplace till their successors are appointed.
Part XVI of the regulation, which focuses on transitional provisions, says: “All the commissioners now serving the LACC shall remain in office after the enactment of this new law, until their successors are appointed, but each is eligible to apply and be subjected to the appointment procedure provided for under this law.”
The restatement, in line with Martin, is a harmful escalation made to silence him for coming down laborious on public officers concerned in corruption.
Martin’s swimsuit additionally famous that sections 16.1 and 16.2 of the brand new LACC Act clearly and flagrantly violated the ideas and doctrine of “ex post facto law” as enshrined in article 21 of the 1986 Constitution of Liberia.
Article 21 (a) states that: “No person shall be made subject to any law or punishment which was not in effect at the time of the commission of an offense, nor shall the Legislature enact any bill of attainder or ex post facto law.”
Martin’s rivalry comes as President George Weah has established an Ad-hoc Committee for the recruitment of the brand new LACC commissioners, changing the outdated ones.
The LACC which was established in 2008, via an Act of the Legislature is the company of presidency that’s main the battle towards corruption in Liberia. Among different issues, the LACC has the mandate to forestall corruption in addition to examine and prosecute all corruption-related instances and offenses.
In July 2022, the 2008 Law creating the Commission was amended and restated, thus creating a brand new LACC to be managed by a seven-member board of commissioners, as an alternative of the 5 commissioners offered for within the 2008 Act.
But Martin had argued that the regulation handed by the legislature on July 22 can’t have an effect on him as he was nominated by the President and confirmed by the Senate for a interval of 5 years earlier than the passage of the regulation and due to this fact the regulation is ex publish facto.
Martin advised the Supreme Court that the choice by the legislature to cross such an act meant that they have been taking up to themselves the ability of dismissing him, which is legally the accountability of the President.
The Country’s Anti-Corruption Chief stated he can solely be eliminated for gross breach of responsibility, misconduct in workplace, or any confirmed act of corruption as enshrined in article 6.8 of the 2008 act creating the LACC.
Article 6.8 states that: “A Commissioner shall hold office during good behavior. A Commissioner shall be removed from office by the President for any gross breach of duty, misconduct in office, or any proven act of corruption.”
“We welcome LACC having the full right to prosecute but detest the attempt to dissolve the tenured positions we hold, simply because you want to reintroduce the same tenured positions. It is illegal and this is why we are against it.”
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