Amendment 2011:

Legal and Structural Reform for a better Liberia

Part II: Executive Power of the State

“Since 1847 and throughout the history of Public Administration in Liberia, there has been no system of checks and balances, and our presidents have wielded extraordinary power in the management of the nation’s affairs. The other two branches of government, the Legislative and Judiciary, have always proved powerless in invoking the power of our Constitution. We have never been able to see our legislative branch question the executive branch nor curb the excesses of power of the presidency. The major excesses of the Liberian Presidency remain entrenched in its power to appoint and remove any public official at will, directly or indirectly; to set national priorities and decide what is good or not good for the country; and to determine how our nation’s financial resources should be controlled and expanded. In the management of our nation’s affairs, all social-economic and political decisions that impact the local communities within the political subdivisions continue to be controlled and directed by the president through officials based in the nation’s capital and agents sent to the interior”.

Worse still, those who controlled the pillars of power remained purposeful and determined not to include local leaders in the major political and economic decisions that continue to affect the local communities. Since the beginning of this nation, indeed from one presidential administration to another, our local government administrators, county superintendents, district commissioners, chiefs and elders have called in vain for social and economic development through equitable redistribution of our nation’s endowments”. YarsuoWeh-Dorliae: Proposition 12 for Decentralized Governance in Liberia, Power Sharing for Peace and Progress pp, 1-2.

I might add that since 1847, our governments and officials have permanently and intentionally stationed themselves in the City of Monrovia and they have consistently made major political and social-economic decisions that have from time-to-time negatively impacted and affected the majority of the people of Liberia that for the most part reside in the 15 counties of Liberia. Primarily, this structure and form of Liberia’s Government has treated and referred to the rest of the 15 counties of Liberia as hinterland (interior) and therefore, they have rather committed and permitted little or no time and revenue to the overall development and advancement of these counties and their residents. Liberia’s Constitution must be reformed and restructured for a better Liberia and power and national revenue must be returned to the people. This, Liberia’s 1986 Constitution has subconsciously and intentionally failed to do or achieve such reform.

Today, the Republic of Liberia is 163 years old already; yet Liberians still continue to have and elect to power in Liberia an 1847 structure and form of government that has done more harm than good for Liberians and residents of Liberia. Liberians need to selflessly come together in November 2011 or thereafter and amend their 1986 Constitution, while voting to elect or reelect their national leaders, if Liberia is to continue to have and enjoy sustained peace, stability and development. Such amendments, if undertaken, will surely bring progress, peace, and development to the whole of Liberia. Liberians can do so by sacrificing, adopting, and ensuring that the relevant and pertinent portions of their 1986 Constitution are amended to secure a better and prosperous future for Liberia. Liberians must see the sense and summon the courage to reform and restructure Liberia’s Legislative, Executive, and Judicial branches of government prior to November 2011 or thereafter. Such reforming and restructuring of Liberia’s Government has to and must reasonably embrace equal power and financial revenue sharing for the sake of peace, prosperity, and progress in Liberia for the development and advancement of Liberians and generation to come. Legal and structural reform remains a must and a necessity for Liberia’s future and hope, come elections 2011 or thereafter. After over 163 years, Liberia deserves a change and a better future for the whole Liberia.

Long live the courageous and enduring people of the Republic of Liberia; one nation, one people and one destine!

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THE EXECUTIVE
Article 52

The Executive Power of the Republic shall be vested in the President of the Republic of Liberia and Governors of the 15 counties of Liberia. The President and Governors shall hold office for four years and be assisted by a Vice President and Vice governors who shall be elected by the people of Liberia and the people of the each of the 15 counties of the Republic of Liberia. The President of Liberia and Governors shall be elected to govern the Republic and the 15 counties of Liberia for a period of four years. Being elected by the people of the Republic of Liberia, the Governors and the President shall always share all powers and financial resources generated by the Republic of Liberia. The President and the Governors shall be Heads of the Republic and County Governments and Commanders-in-Chief of the Armed Forces of the Republic of Liberia.

The president and County Governors shall be elected by universal adult suffrage of registered voters in the Republic and 15 Counties and they shall hold office for a term of four years commencing at noon on the third working Monday in January of each year immediately following the elections. No person shall serve as President of Liberia or Governor of a County Government of Liberia for more than two terms.

Article 53

There shall be a Vice–President and Vice Governors in each county who shall assist the President and the governors of the 15 Counties in the discharge of their functions. The Vice President shall be elected on the same political ticket of the President of Liberia and the Vice Governors shall be elected by the people of the 15 Counties and they shall serve the same term as the President of Liberia and County Governors elected to serve as Governors of the 15 Counties of Liberia. The Vice–President shall be President of the House of Senate and a Vice Governor of the County Governments shall be President of the County Legislative Assembly and they shall preside over the deliberations of the Senate and the County Legislative Assembly of Liberia without the right to vote, except in the case of a tie vote. They shall attend meetings of the cabinet and other governmental meetings and shall perform such functions as the President of Liberia and Governors of the Counties shall delegate or deem appropriate; provided that no powers specifically vested in the President of Liberia and the Governors of the County Governments by the provisions of this Constitution shall be delegated to the Vice–President or Vice-Governors of the 15 Counties of the Republic of Liberia.

Article 54

No person shall be eligible to hold the office of President, Governor of the County, Vice–President, or Vice Governor unless that person is:

a) A natural born Liberian citizen of not less than 35 years of age:

b) May be the owner of unencumbered real property valued at not less than twenty thousand dollars; and

c) Resident in the Republic five years prior to his election provided that the President and Vice President shall not come from the same county; and the Governor and Vice Governor shall not come from the same district.

Article 55

a) The President of Liberia, the County Governors, the Vice–President, and Vice Governors shall, before entering on the execution of the duties of their respective offices, take a solemn oath or affirmation to preserve, protect and defend the Constitution and Laws of the Republic and faithfully execute the duties of their offices. The oath or affirmation shall be administered in joint convention of both Houses of the Senate and County Legislative Assembly by the Chief Justice or, in his absence, the most Senior Associate Justice of the Republic of Liberia.

b) In an emergency where the Chief Justice and the Associate Justice are not available, such oath or affirmation shall be administered by a Senior Judge of the Intermediate Appellate Court of the Republic of Liberia having concurrent jurisdiction with the Supreme Court of the Republic of Liberia, or a Senior Circuit Court Judge of the Republic of Liberia.

Article 56

The President of Liberia and the President of the County Governors Association shall nominate and, with the advice and consent of the Senate and the County Legislative Assembly appoint and commission:

a) Cabinet ministers, deputy and assistant cabinet ministers; except that when confirmed and commissioned, all deputy ministers shall immediately return to their county of origin and become ministers of the County Governments and all assistant ministers so appointed and commissioned shall immediately return to their county of origin and serve their county governments as deputy ministers; except that the President of Liberia and the County Governors shall have the power to separately appoint and further commission other low-level national and local government administrators to assist them to perform their day-to-day functions.

b) The President, upon consultation with the President of the County Governors Association, shall appoint ambassadors, ministers, consuls with the advice and consent of the House of Senate and House of County Legislative Assembly of Liberia. And

c) The President of Liberia and the President of the County Governors Association shall jointly appoint the Chief Justice, Associate Justices of the Supreme Court, Judges of the Intermediate Appellate Courts and all other judges of subordinate courts of record to include judges of Magisterial Courts of record whose trial jurisdiction shall be twenty-five thousand dollars in civil and criminal cases in the Republic of Liberia.

d) Except as otherwise provided, the political business and legal affairs of the 15 Counties of the Republic of Liberia shall no longer be administered or managed by County Superintendents; except that upon coming into force of these amendments to this Constitution, the legal and political business of the 15 Counties of the Republic shall be herein after administered by Governors and Vice Governors elected by the people of each of the 15 Counties of the Republic of Liberia.

e) The President of Liberia and President of the County Governors Association, with the advice and consent of the House of Senate and House of the County Legislative Assembly shall appoint members of the military from the rank of lieutenant or its equivalent and above in the Republic of Liberia. And,

f) The President of Liberia and President of the County Governors Association shall jointly appoint marshals, deputy marshals, and sheriffs of the Courts of the Republic of Liberia.

Article 57

The President of Liberia and the President of the County Governors Association shall appoint and commission Notaries Public and Judges of all Magisterial Courts of record of the Republic whose trial jurisdiction shall herein after be twenty-five thousand dollars or less in civil and criminal cases; except that upon coming into force of this Constitution, all justices of the peace and tribal courts are hereby abolished throughout the Republic; and that the magisterial courts of the Republic of Liberia shall herein after immediately assume original jurisdiction in all matters that were hereinbefore cognizable before justices of the peace and tribal courts of Liberia.

Article 58

a) All cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, and other government officials, both military and civilian, appointed by the President of Liberia and the President of the County Governors Association pursuant to these amendments to this Constitution shall hold their offices at the will and pleasure of the President of Liberia and the President of the County Governors Association of Liberia.

b) There shall be elections of Paramount, Clan and Town Chiefs by the registered voters in their respective localities, to serve for a term of four years. They may be re-elected to serve a second term and may be removed from office only by the people of their counties for proved misconduct. The House of Senate and House of the County Legislative Assembly sitting jointly in legislative assembled shall enact laws to provide for their age, qualifications and salaries as may be required; except that no person shall be elected to serve as a chief for more than two terms.

Article 59

The President of Liberia in consultation with the President of the County Governors Association shall have the power to conduct the foreign affairs of the Republic and in that connection he/she is empowered to conclude treaties, conventions and similar international agreements with the concurrence of a majority of each House of Senate and House of County Legislative Assembly of the Republic of Liberia.

Article 60

The President of Liberia and the President of the County Governors Association shall, on the fourth working Monday in January of each year, present their administration’s legislative programs before the joint Houses of Senate and County Legislative Assembly for the ensuing session, and on the status of the Republic. In presenting the economic condition of the Republic and the Counties, the reports shall cover expenditure, income, as well as development carried out in the Republic and Counties of the Republic of Liberia.

Article 61

The President of Liberia and the President of the County Governors Association may remit any public forfeitures and penalties and suspend fines and sentences, grant reprieves and pardons, and restore civil rights after conviction for all public offenses, except for impeachment; murder or for treason committed against the Republic.

Article 62

The President of Liberia and the President of the County Governors Association shall receive salaries which shall be determined by the Legislature and be paid by the Republic. Such salaries shall be subject to taxes as defined by law and shall neither be increased nor diminished during the period for which the President of Liberia and the County Governors shall have been elected to serve the Republic and Counties of Liberia.

Article 63

The President of Liberia and the President of the County Governors Association shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention or other actions on account of any lawful act done by them while President of Liberia and the County Governors pursuant to any provision of this Constitution or any other laws of the Republic. The President of Liberia and the County Governors shall not, however, be immune from prosecution upon removal from office for the commission of any criminal act committed while President of Liberia or Governors of the Counties of the Republic of Liberia.

Article 64

The President, Vice President of Liberia and County Governors and Vice Governors shall be removed from office by impeachment for treason, bribery, murder and other felonies, violation of the Constitution or proved gross misconduct committed while in office.

Article 65

a) Whenever a person elected to the office of President of Liberia or a County Governor dies or is otherwise incapacitated before being inaugurated into office, the Vice–President elect shall succeed to the office of President and Vice Governor elect shall succeed to the office of Governor; this accession shall commence and constitute a term.

b) Whenever the office of the President of Liberia or a County Governor shall become vacant by reason of death, resignation, impeachment, or the President of Liberia or a County Governor shall be declared incapable of carrying out the duties and functions of his/her office, the Vice–President or Vice Governor shall succeed to the office of the President or the County Governor to complete the unexpired term. In such a case, this does not constitute a term.

c) The House of Senate and House of the County Legislative Assembly shall, no later than one year after the coming into force of these amendments to this Constitution, prescribe the guidelines and determine the procedure under which the President of Liberia or a County Governor by reason of illness or misconduct shall be declared incapable of carrying out the functions of his/her office.

d) Whenever the office of the Vice–President or a Vice Governor of a County becomes vacant by reason of death, resignation, impeachment, inability or otherwise, the President of Liberia or the County Governor shall, without delay, nominate a candidate who, with the concurrence of both Houses of the Senate and County Legislative Assembly, shall be sworn in and hold office as Vice–President or Vice Governor until the next general elections are held. Whenever the Vice–President or Vice Governor elect dies, resigns, or is incapacitated before being inaugurated, the President or Governor elected on the same ticket with him, shall, after being inaugurated into office, nominate without delay a candidate who, with the concurrence of both Houses of the Senate and County Legislative Assembly, shall be sworn in and hold office as Vice–President or Vice Governor until the next general elections are held in the Republic.

Article 66

Whenever the office of the President of Liberia and the Vice–President shall become vacant by reason of removal, death, resignation, inability or other disability, the Speaker of the House of County Legislative Assembly shall be sworn in as Acting President until the holding of elections to fill the vacancies so created. Should the Speaker be legally incapable or otherwise unable to assume the office of Acting President, then the same shall devolve in order upon the Deputy Speaker and members of the Cabinet in the order of precedence as established by law. The Elections Commission of Liberia shall within ninety days conduct elections for a new President upon coming into force of these amendments to this Constitution.

Except as otherwise provided, upon coming into force of these amendments to this Constitution, the President of Liberia and the County Governors shall always equally share powers and all financial revenue and resources generated by the Republic of Liberia.

Article 67

Except as otherwise provided and upon coming into force of these amendments to this Constitution, the Governors of the 15 Counties of the Republic of Liberia shall elect once every four years from amongst them, a person to serve as president of the County Governors Association of Liberia to act for the County Governments of Liberia; and the County Governors shall meet twice every year to plan and review all programs and developments pertaining to the 15 Counties of the Republic of Liberia and the President of Liberia and County Governors shall always and equally share power and financial revenue generated by the Republic of Liberia.

Written and published this 7^th day of September, A.D 2010 by:

Frederick A.B. Jayweh, B.A., LL.B., LL.M.

Counsellor-at-Law & Member of the Liberian National Bar Association (LNBA), and

Executive Director, Association of Liberian Lawyers in the Americas (ALLA) and

Executive Director, Center for Immigrants & Immigration Services (CIIS)

4111 Odessa Street, Suite # 2

Denver, CO 80249

E-mail: fjayweh@hotmail.com

Website: www.liberianlawyers.org

Website: www.ciisdenver.org

Phone: 303-355-0611

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