Amendment 2011:

Legal and Structural Reform for a better Liberia

Part I: Legislative Power

    As a citizen of the Republic of Liberia and a member of the Liberian National Bar Association (LNBA) and as I entertain and undertake to write this constitutional and policy paper pertaining to embracing and reassessing the critical and urgent need for constitutional and structural reform of the structure of the Government of the Republic of Liberia for a better Liberia come 2012, I feel deeply obliged and must publicly admit and give credit to colleagues and fellow Liberians who have sacrificially researched, analyzed, recommended, and done much scholarly work in the area of legal and structural reform of the structure of Liberia’s government in order to enhance and guarantee a better future for Liberians and residents of Liberia. This presentation must be had if Liberia should continue to have peace and sustained security and stability after residential and general elections are held in Liberia in November 2011 and a responsible and responsive Liberian Government is elected and sworn to legal and political power in Liberia effective January 2012.

At most, this paper directly and intentionally seeks to project and critically propose the real and critical need for Liberia’s Constitution to be unselfishly and candidly revisited and reviewed with the aim at effecting and encouraging meaningful constitutional and structural reform of the current structure and form of Liberia’s Government to give Liberia and its people the chance to go to the polls in November 2011 to vote and constitutionally set aside and do away with the current structure and form of Liberia’s government inherited by Liberians and residents of Liberia, since 1847. The Republic of Liberia is currently 163 years old and pragmatically and realistically, Liberia being the oldest Republic in West Africa, she is virtually and unfortunately underdeveloped and has produced nothing much for Liberians and Liberia to be proud of, except for since 1847, always produced two groups of people and because of corruption and other economic crimes, Liberia has consistently and always produced the minority superrich and majority supper poor. Liberia’s Constitution and current structure and form of government must be revisited and reformed if Liberians and residents of Liberia are to have an acceptable and sustained future after elections 2011.

There is no doubt that the republican or current form of government that has governed and managed the legal and political business of Liberia for the past 163 years has exacerbated and augmented Liberia’s innumerable legal and political problems. This structure and form of government that has mainly and entirely consisted of the Legislative, Executive, and Judicial branches of the Government of Liberia, deeply centralized and always sat exclusively in the City of Monrovia, has without a doubt, has always encouraged massive corruption and other economic crimes and historically, a near failed state in Liberia. Unremittingly and unrepentantly, this structure and form of government is responsible for countless corruption, fraud, waste, and economic crimes that have being intentionally and consciously committed in Liberia by nearly every government that has seized power and legitimately ascended to state power in Liberia. Constitutionally and structurally, by having this structure and form of government in place in Liberia, this type and structure of Liberia’s Government has always and regrettably encouraged Liberia’s presidents and every other high officials of the Government of Liberia to whether, lawfully or unlawfully, to consider and treat Liberia as a private enterprise or personal farm and arguing that they been elected as Liberia’s presidents and commissioned officials of the government of the Republic of Liberia, they as elected officials, feel obliged to commit Liberia’s revenue and resources to whatsoever they determine and to whomsoever they may choose; irrespective of any statutory or constitutional prohibition that Liberia might have in place. Owing to this current structure and form of government in Liberia, Liberia’s presidents and officials have always and intentionally treated Liberia’s limited revenue and resources as private and not public property; property necessary to satisfy and develop the whole of Liberia; but as property to be committed to their personal wishes and private practices.

Liberia’s Governments, whether past or present, have constantly failed to entertain or unwillingly entertain thoughts about the legal and developmental consequences that their unwarranted and unprovoked actions have had on the growth and development of Liberia. So and since this essentially and profoundly power-centered Legislative, Executive, and Judicial structure and form of government from time-to-time generated and has always ascended to power in Liberia, kept Liberia and Liberians backward, constitutionally and structurally kept Liberia undeveloped, the presidents of Liberia and their political lieutenants have always audaciously and allegedly taken, stolen, converted, and committed the scarce revenue and resources of Liberia to their personal use and private benefit. Liberia’s Constitution and structure of government must be reformed prior to 2012, if Liberia is to have a flourishing, sustained, and healthy future.

Owing to this structurally flawed, unresponsive, and outdated form of government, Liberia has consistently and disproportionately remained poor, bankrupt and underdeveloped, since 1847. Unfortunately, this profoundly and structurally power-concentrated and power-centered republican form of government inherited by Liberia and Liberians, has solely and always being comprised of a deeply centralized Legislative, Executive, and Judicial Branches of Liberia’s Government, since 1847. Practically, this form of government has sadly done nothing much responsive or good for Liberia, except for having always produced overly power-possessed presidents and government officials who have callously and insensitively entertained the belief that being nominated and appointed to positions in government in Liberia, represents the means of unlawfully becoming rich at the expense of ordinary Liberians that thoughtfully elected them to power in Liberia to faithfully and administratively govern the legal and political affairs of Liberia.

As Liberians proudly celebrate and commemorate their independence day, Liberia is 163 years old and the 1986 rewritten Constitution of Liberia is 24 years old already since it was rewritten and adapted by the people of Liberia as the Supreme Law of Liberia. To ensure permanent peace and stability in Liberia, Liberians at broad and back home unselfishly need to revisit and reform their 1986 Constitution with the aim at amending certain provisions of this Constitution with the hope of creating both credible and responsive national and county-level forms of government in Liberia to equally share revenue and power in the Republic of Liberia for the development of the whole of Liberia. By entertaining and supporting legal and political reform in Liberia, Liberians and residents of Liberia would be selflessly and sacrificially working to modernize and guarantee equal development and genuine revenue and power sharing in Liberia. Certainly, by constitutionally and structurally reforming of Liberia’s current structure and form of government will eventually and equally bring development and stability to Liberia.

Acting on the preceding introductory understanding, the articles and provisions of Liberia’s Constitution that Liberians may need to go to the polls in November 2011 to vote, reform, and amend to ensure the establishment of a credible local and responsive form of governments in Liberia that will act in the interest of the whole of Liberia, both in fact and in law, to equally share revenue and power, for a better Liberia, as provided for and contained under the laws of Liberia are:

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Amended PREAMBLE

We the People of the Republic of Liberia:

Acknowledging our devout gratitude to God, for our existence as a Free and Sovereign State and Independent People, and relying on His Divine Guidance and Grace for our survival as a Nation and people;

Realizing from many experiences during the course of our national existence which culminated in the Revolution of April 12, 1980, when our Constitution of July 26, 1847 was suspended, and a 1986 Constitution of Liberia was written and adapted by the People of Liberia and thereafter experienced a civil war that destroyed many lives and much property, a war that engulfed Liberia from December1989 and ended in August 2003, the past and immediate problems of Liberia, most of which can be attributed and blamed on Liberia’s current structure and form of Government, Liberians being one people with one common destine and irrespective of our history, tradition, creed, conflicts, or ethnic background and association, are of one common body politic;

Exercising our natural, inherent and inalienable rights to establish a framework of government for the purpose of promoting unity, liberty, peace, stability, equality, justice, human rights and the development and modernization of the entire Republic under the rule of law, with opportunities for political, social, moral, spiritual, cultural and developmental advancement of Liberians and our society, for ourselves, posterity, and generation to come; and

Having resolved to live in harmony, to practice fraternal love, tolerance and understanding as a people and being fully mindful of our obligation to promote development, peace, stability in Liberia and African unity and international peace, security, stability, and cooperation,

Do hereby solemnly make, establish, proclaim, and publish these amendments to our 1986 Constitution for the proper governance, development and economic advancement of the entire Republic of Liberia for ourselves, prosperity, and generation to come.

CHAPTER I

STRUCTURE OF THE STATE
Article 1

All power is inherent in the people. All free governments are instituted by their freewill and authority and for their benefit and development and they shall have the right to alter and reform the same when their safety, development and happiness so require. In order to ensure democratic government which shall respond to the development and wishes of the governed, the people shall have the right at such period, and in such manner as provided for and contained under this amended provisions of our Constitution, to cause the amendment of their Constitution by regular elections initiated by the people of Liberia or during national and residential elections in Liberia to ensure peace, stability, and development in the Republic of Liberia.

Article 2

This Constitution is the supreme and fundamental law of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout the Republic of Liberia.

Any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of the inconsistency, are declared void and of no legal effect. The Supreme Court, pursuant to its power of judicial review, is empowered to declare any inconsistent laws unconstitutional, provided that such dispute of inconsistency shall have been raised first before the Intermediate Appellate of the Republic of Liberia, or a Writ of Certiorari has been accordingly issued by leave of the Supreme Court of the Republic Liberia.

Article 3

Liberia is a unitary sovereign state divided into counties for administrative purposes. The form of government is Republican with three separate coordinate branches: the Legislative, the Executive and Judiciary; except that for the common good and benefit of the people of Liberia, the current structure and form of the Liberian Government is hereby amended to ensure and guarantee revenue and power sharing by both National and County Governments in the Republic of Liberia. Consistent with the principles of separation of powers and checks and balances, no person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches of the National or County Governments, except as otherwise provided for and contained in these amended portions of the 1986 Constitution of the Republic of Liberia.

CHAPTER II

GENERAL PRINCIPLES OF NATIONAL POLICY
Article 4

The principles contained in this Chapter shall be fundamental in the governance of the Republic and shall serve as guidelines in the formulation of legislative, executive and administrative directives, policy-making and their execution by both the National and County Governments of the Republic of Liberia herein after established to equally share power and revenue from time-to-time; revenue generated by the Republic of Liberia and for the common good of the Republic.

Article 5

The Republic under both the National and County Governments shall:

a) aim at strengthening the national integration and unity of the people of Liberia, regardless of ethnic, regional or other differences, into one body politic; and the National Legislature and County Legislative Assembly sitting jointly in legislative assembled, shall enact laws promoting national unification and the encouragement of all citizens to participate in their governments;

b) preserve, protect and promote positive Liberian culture, ensuring that traditional values which are compatible with public policy and national progress are adopted and developed as an integral part of the growing needs of the Liberian society;

c) Take steps, by appropriate legislation and executive orders entered by both the National and County Governments of Liberia, to eliminate sectionalism and tribalism, and such abuses of power as the misuse of government resources, nepotism and all other corrupt and economic crimes, property theft and bad governance practices carried out in the Republic of Liberia.

Article 6

The Republic shall, both under the National and County Governments of Liberia, because of the vital role assigned to the individual citizen under this Constitution for the social and economic advancement, and political well being of Liberia, provide equal access to educational opportunities and facilities for all citizens residing in the jurisdiction of both the National and County Governments of Liberia to the extent of power and revenue sharing by both the National and County Governments. Emphasis shall be placed on the mass education of the Liberian people and residents of Liberia the elimination of illiteracy in the Republic.

Article 7

The Republic shall, consistent with the principles of individual freedom and social justice and human rights as enshrined in this Constitution, manage the national economy and the natural resources of Liberia in such manner as shall ensure the maximum feasible participation of Liberian citizens being administered by both National and County Governments under conditions of equality as to advance the general welfare of the Liberian people and the economic development of Liberia.

Article 8

The Republic shall, under the revenue and power sharing authority of both National and County Governments direct its policy towards ensuring for all citizens, without discrimination, opportunities for employment and livelihood under just and humane conditions, and towards promoting safety, health and social welfare facilities in employment for all in the Republic of Liberia.

Article 9

The Republic shall, under the power and revenue sharing authority of both National and County Governments encourage the promotion of bilateral and regional cooperation between and amongst Liberians and other nations and the formation and maintenance of regional organizations aimed at the cultural, social, political and economic development and advancement of the peoples of Liberia and Africa and other nations of the world.

Article 10

The Republic shall under the power and revenue sharing authority of the both National and County Governments of the Republic, ensure the publication and dissemination of this amended Constitution throughout the Republic and the teaching of its principles and provisions in all institutions of learning in Liberia for our common good, prosperity, and generation to come.

CHAPTER III

FUNDAMENTAL RIGHTS
Article 11

a) Under the power and revenue sharing authority of both the National and County Governments of the Republic of Liberia, all persons are born equally free and independent and have certain natural, inherent and inalienable rights, among which are the right of enjoying and defending life and liberty, of pursuing and maintaining security of the person and of acquiring, possessing and protecting property, subject to such qualifications as provided for in this Constitution.

b) Under the power and revenue sharing authority of both the National and County Governments of the Republic, all persons, irrespective of ethnic background, race, sex, creed, place of origin or political opinion, are entitled to the fundamental rights and freedoms of the individual, subject to such qualifications as may otherwise be provided for in this Constitution.

c) Under the power and revenue sharing authority of both the National and County Governments of the Republic of Liberia, all persons are equal before the law and are therefore entitled to the equal protection of the law and by the law of the Republic of Liberia where ever National and County Governments shall have legal authority and jurisdiction.

Article 12

Under the power and revenue sharing authority of both the National and County Governments of the Republic, no person shall be held in slavery or forced labor within the Republic, nor shall any citizen of Liberia nor any person resident therein deal in slaves or subject any other person to forced labor, debt bondage or peonage; but labor reasonably required in consequence of a court sentence or order conforming to acceptable labor standards, service in the military, work or service which forms part of normal civil obligations or service exacted in cases of emergency or calamity threatening the life or well-being of the community shall not be deemed forced labor in the Republic of Liberia.

Article 13

a) Every person lawfully within the Republic shall have the right to move freely throughout Liberia, to reside in any part thereof and to leave there from subject however to the safeguarding of public security, public order, public health or morals or the rights and freedoms of others as provided for in these amended portions of this Constitution.

b) Every Liberian Citizen shall have the right to leave and to enter Liberia at any time. Liberian citizens and non-Liberian residents may be extradited to foreign country for prosecution for a criminal offense in accordance with the provisions of an extradition treaty or other reciprocal international agreements in force entered between the National Government of Republic of Liberia. Non-Liberian residents may be removed or expelled from the Republic of Liberia by National Government of the Republic for cause and when the immigration and national security of the Republic so require.

Article 14

Under the power and revenue sharing authority of both the National and County Governments of the Republic, all persons shall be entitled to freedom of thought, conscience and religion and no person shall be hindered in the enjoyment thereof except as may be required by law to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. All persons who, in the practice of their religion, conduct themselves peaceably, not obstructing others and conforming to the standards set out herein, shall be entitled to the protection of the law. No religious denomination or sect shall have any exclusive privilege or preference over any other, but all shall be treated alike; and no religious tests shall be required for any civil or military office or for the exercise of any civil right. Consistent with the principle of separation of religion and state, the Republic shall establish no state religion or hire no priestly or religious scholar mainly for the direct purpose of performing Christian, Islamic, or any other religious duties.

Article 15

a) Under the power and revenue sharing authority of both the National and County Governments, every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by both the National and County governments save during an emergency declared in accordance with this Constitution or by the National or County Governments of the Republic necessary for public safety and security of its citizens and residents.

b) The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent.

c) In pursuance of this right, there shall be no limitation on the public right to be informed about their governments and its functionaries by the National or County Governments of the Republic of Liberia.

d) Access to state and locally owned media shall not be denied because of any disagreement with or dislike of the ideas being expressed. Denial of such access may be challenged only before the Intermediate Appellate Court having the authority and of competent jurisdiction or before the Supreme Court of Liberia by the issuance of a Writ of Certiorari by leave of the Supreme Court of Liberia.

e) Under the power and revenue sharing authority of both the National and County Governments, this freedom may be limited only by judicial action in proceedings grounded in defamation or invasion of the rights of privacy and publicity or in the commercial aspect of expression in deception, false advertising and copyright infringement in the Republic of Liberia and such dispute shall first be challenged and shall exclusively lie before the Intermediate Appellate Court having the authority and of competent jurisdiction in the Republic.

Article 16

Under the power and revenue sharing authority of both the National and County Governments, no person shall be subjected to interference with his privacy of person, family, home or correspondence, except by the issuance of a valid Search Warrant pray for and issued by a court of competent jurisdiction in the Republic.

Article 17

All persons, at all times and under the power and revenue sharing authority of both the National and County Governments of the Republic in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to instruct their representatives, to petition their Governments or other functionaries for the redress of grievances and to associate fully with others or refuse to associate in political parties, trade unions and other organizations.

Article 18

All Liberian citizens under the power and revenue sharing authority of both the National and County Governments of the Republic shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and all shall be entitled to equal pay for equal work.

Article 19

No person in the jurisdiction of both the National and County Governments of the Republic, other than members of the Armed Forces of Liberia or of the militia in active service shall be subject to military law, or made to suffer any pains or penalties by virtue of that law, or be tried by a courts-martial board or tried as provided for and contained under the Uniform Code of Military Justice (UCMJ).

Article 20

a) No person under the power and revenue sharing authority of both the National and County Governments of the Republic shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. Justice shall be done without sale, denial or delay; and in all cases not arising in courts not of record, under courts-martial and upon impeachment, the parties shall have the right to trial by jury and all appeals there from shall exclusively lie before the Intermediate Appellate Court of Liberia having the authority and of competent jurisdiction, except where a Writ of Certiorari is ordered issued by leave of the Supreme Court of the Republic of Liberia.

b) The right of an appeal from a judgment, decree, decision or ruling of any court or administrative board or agency, except the Intermediate Appellate Court of Liberia or Supreme Court of the Republic of Liberia, shall be held inviolable. The National Legislature and the County Legislative Assembly shall prescribe rules and procedures for the easy, expeditious and inexpensive filing and hearing of an appeal by the Intermediate Appellate Court of the Republic of Liberia having exclusive appellate jurisdiction or except where a Writ of Certiorari is issued by leave of the Supreme Court of the Republic; in all other cases, the Intermediate Appellate Court shall have absolute and final decision making appellate jurisdiction; except where a Writ of Certiorari is issued by leave of the Supreme Court of the Republic of Liberia.

Article 21

a) No person under the power and revenue sharing authority of the National and County Governments of the Republic shall be made subject to any law or punishment which was not in effect at the time of commission of an offense, nor shall the National Legislature or County Legislative Assembly of the Republic enact any bill of attainder or ex post facto law affecting the Republic of Liberia.

b) No person shall be subject to search or seizure of his person or property, whether on a criminal charge or for any other purpose, unless upon warrant lawfully issued upon probable cause supported by a solemn oath or affirmation, specifically identifying the person or place to be searched and stating the object of the search; provided, however, that a search or seizure shall be permissible without a search warrant where the arresting authorities act during the commission of a crime or in hot pursuit of a person who has committed a crime.

c) Every person suspected or accused of committing a crime shall immediately upon arrest be informed in detail of the charges under both the National and County Governments of Liberia, of the right to remain silent and of the fact that any statement made could be used against him in a court of law. Such person shall be entitled to counsel at every stage of the investigation and shall have the right not to be interrogated except in the presence of counsel. Any admission or other statements made by the accused in the absence of such counsel shall be deemed inadmissible as evidence in a court of law in the Republic of Liberia.

d) Under both the National and County Governments, all accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by law and where proof is not evident and presumption is not great that the accused is guilty of the commission of the crime charged by the Republic.

(ii) Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted either by the National or County Government.

e) No person under the power and revenue sharing authority of both the National and County Governments of the Republic, charged, arrested, restricted, detained or otherwise held in confinement shall be subject to torture or inhumane treatment; nor shall any person except military personnel, be kept or confined in any military facility; nor shall any person be seized and kept among convicted prisoners or treated as a convict, unless such person first shall have been convicted of a crime in a court of competent jurisdiction. The National Legislature and County Legislative Assembly in their jurisdictions shall make it a criminal offense and provide for appropriate penalties against any police or security officer, prosecutor, administrator or any other public or security officer, prosecutor, administrator or any other public official acting in contravention of this provision; and any person so damaged by the conduct of any such public official shall have a civil remedy therefor, exclusive of any criminal penalties imposed before the Civil Law, Sixth Judicial Circuit Court of the Republic of Liberia.

f) Under both the National and County Governments, every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention in the jurisdictions of the National and County Governments of the Republic of Liberia.

g) The right to the writ of habeas corpus, being essential to the protection of human rights, shall be guaranteed at all times, and any person arrested or detained and not presented to court within the period specified may in consequence exercise this right, by filing petition for a Writ of habeas corpus before any of the Circuit courts of the Republic of Liberia or in jurisdictions where the National County Governments shall have exclusive authority or jurisdiction.

h) No person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt. No person shall be subject to double jeopardy.

i) Under both the National and County Governments, the right to counsel and the rights of counsel shall be inviolable. There shall be no interference with the lawyer-client relationship. In all trials, hearings, interrogatories and other proceedings where a person is accused of a criminal offense, the accused shall have the right to counsel of his choice; and where the accused is unable to secure such representation, both the National and County Governments of the Republic shall make available legal aid services to ensure the protection of his rights.

Under both the National and County Governments, there shall be absolute immunity from any government sanctions or interference in the performance of legal services as a counselor or advocate; lawyers’ offices and homes shall not be searched or papers examined or taken save pursuant to a search warrant and court order; and no lawyer shall be prevented from or punished for providing legal services, regardless of the charges against or the guilt of his client, no lawyer shall be barred from practice for political reasons charged to the National or County Governments of the Republic of Liberia.

j) Any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil rights and liberties, shall have the same automatically restored upon serving the sentence and satisfying any other penalty imposed, or upon an executive pardon by the President of the Republic of Liberia or Governors of the Counties of the Republic of Liberia as guaranteed by this Constitution.

Article 22

a) Under both the National and County Governments of the Republic of Liberia, every person shall have the right to own property alone as well as in association with others; provided that only Liberian citizens shall have the right to own real property within the Republic of Liberia.

b) Under both the National and County Governments Private property rights, however, shall not extend to any mineral resources on or beneath any land or to any lands under the seas and waterways of the Republic. All mineral resources in and under the seas and other waterways shall belong to the Republic and be used by and for the entire Republic for the exclusive benefit, development and modernization of its people.

c) Non-citizen missionary, educational and other benevolent institutions shall have the right to own property, as long as that property is used for the purposes for which acquired; property no longer so used shall escheat to the Republic.

d) The Republic may, on the basis of reciprocity, convey to a foreign government property to be used perpetually for its diplomatic activities. This land shall not be transferred or otherwise conveyed to any other party or used for any other purpose, except upon the expressed permission of the National or County Governments of Liberia. All property so conveyed may escheat to the Republic in the event of a cessation of diplomatic relations with the Republic.

Article 23

a) The property which a person possesses at the time of marriage or which may afterwards be acquired as a result of one’s own labors shall not be held for or otherwise applied to the liquidation of the debts or other obligations of the spouse, whether contracted before or after marriage; nor shall the property which by law is to be secured to a man or a woman be alienated or be controlled by that person’s spouse save by free and voluntary consent.

b) The National Legislature and County Legislative Assembly sitting jointly in legislative assembled shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages.

Article 24

a) While the inviolability of private property shall be guaranteed by the Republic, expropriation may be authorized for the security of the nation in the event of armed conflict or where the public health and safety are endangered or for any other public purposes, provided for:

(i) That reasons for such expropriation are given;

(ii) That there is prompt payment of just and available marketable compensation;

(iii) that such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and

(iv) that when property taken for public use ceases to be so used, the Republic shall accord the former owner or those entitled to the property through such owner, the right of first refusal to reacquire the property.

b) All real property held by a person whose certificate of naturalization has been cancelled shall escheat to the Republic unless such person shall have a spouse and/or lineal heirs who are Liberian citizens, in which case the real property shall be transferred to them in accordance with the intestacy law.

c) The power of both the National Legislature and County Legislative Assembly to provide punishment for treason or other crimes shall not include a deprivation or forfeiture of the right of inheritance, although its enjoyment by the convicted person shall be postponed during a term of imprisonment judicially imposed; provided that if the convicted person has minor children and a spouse, the spouse or next of kin in the order of priority shall administer the same. No punishment shall preclude the inheritance, enjoyment or forfeiture by others entitled thereto of any property which the convicted person at the time of conviction or subsequent thereto may have possessed under the National and County Government of Liberia.

Article 25

Both under the National and County Governments of Liberia, obligation of contract shall be guaranteed by the Republic and no laws shall be passed which might impair this right.

Article 26

Where any person or association alleges that any of the rights granted under this Constitution or any legislation or directives are constitutionally contravened, that person or association may invoke the privilege and benefit of court direction, order or writ, including a judgment of unconstitutionality; and anyone injured by an act of the National and County Governments or any person acting under its authority, whether in property, contract, tort or otherwise, shall have the right to bring suit for appropriate redress exclusively before the Civil Law, Sixth Judicial Circuit Court of the Republic of Liberia. All such suits brought against the National or County Governments shall originate in the Civil Court, sitting in its Claims Division; appeals from judgment of the Civil Law Court shall lie directly before the Intermediate Appellate Court of the Republic of Liberia having the authority and of competent jurisdiction; except where the Supreme Court of Liberia has caused to be issued a Writ of Certiorari to hear such dispute or appeal pursuant to its appeal power.

CHAPTER IV

CITIZENSHIP
Article 27

a) All persons who, on the coming into force of this Constitution were lawfully citizens of the Republic of Liberia shall continue to be Liberian citizens.

b) In order to preserve, foster and maintain the positive Liberian culture, values and character, all persons who are Negroes or of other descent and nationality that desire to become citizens of Liberia that qualify by birth or by naturalization shall be citizens of the Republic of Liberia without being prevented to do so by the National or County Governments of the Republic of Liberia.

c) The Houses of Senate and County Legislative Assembly shall, adhering to the above standard, prescribe such other qualification criteria for the procedures by which naturalization may be obtained in the Republic of Liberia.

Article 28

Any person, at least one of whose parents was a citizen of Liberia at the time of the person’s birth, shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country. No citizen of the Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall be denied the right to change citizenship or nationality. Except as otherwise

Article 29

Except as otherwise provided, all natural born or naturalized citizens of the Republic of Liberia shall have the right to acquire and maintain dual citizenship, subject to the rights and responsibilities thereof upon coming into force and effect of these amendments to this Constitution.

CHAPTER V

THE LEGISLATURE
Article 30

All Legislative power herein granted to the Republic of Liberia shall be vested in a House of Senate and a House of County Legislative Assembly of the Republic of Liberia. Both the House of the County Legislative Assembly and the House of Senate shall hereinafter be known and referred to as the National Legislature of the Republic of Liberia. The Houses of Senate and County Legislative Assembly of Liberia shall have equal power to enact national and local administrative laws to govern the Republic of Liberia and both legislative bodies of the Republic shall equally share revenue and power from time-to-time generated by the Republic of Liberia. Both the Houses of Senate and County Legislative Assembly shall make National and local administrative laws consistent with and respectful of the Constitution of Liberia; except in matters of immigration, national security and international relations, the National the National Government shall have exclusive jurisdiction to act for the Republic.

Article 31

Both the Houses of Senate and County Legislative Assembly shall consist of two houses: A House of Senate and a House of County Legislative Assembly; both of which jointly sitting legislative assembled shall pass on all legislation. The enacting style shall be: “It is enacted by the House of Senate and the House of County Legislative Assembly of the Republic of Liberia in Legislature Assembled.”

Article 32

All Citizens of the Republic of Liberia who meet the following qualifications are eligible to become members of the Legislature of the Republic.

a) For the Senate, have attained the age of 30 years and he/she is a natural born or naturalized citizen of the Republic and has resided for at least three years in the county prior to his/her election; and for the House of County Legislative Assembly, have attained the age of 25 years and he/she is a natural born or naturalized citizen and has resided in the county for at least two years prior to the time of his/her election and have always being taxpayers in the Republic.

Article 32

Each member of both the Houses of Senate and County Legislative Assembly, before taking his seat and entering upon the duties of office, shall take and subscribe to a solemn oath of affirmation, before the presiding officer of the House to which such person was elected and in the presence of other members of that House, to uphold and defend the Constitution and laws of the Republic and to discharge faithfully the duties of such office in the interest of the Republic and people.

Article 33

a) The Houses of Senate and County Legislative Assembly shall assemble in regular session twice a year on the second working Monday in January and July.

b) The President and County Governors represented by their President shall, on his/their own initiative or upon receipt of a certificate signed by at least one-fourth of the total membership of each House, and by proclamation, extend a regular session of the Legislature beyond the date for adjournment or call a special extraordinary session of that body to discuss or act upon matters of national emergency and concern. When the extension or call is at the request of the Legislature, the proclamation shall be issued not later than seventy-two hours after receipt of the certificate by the President and the County Governors’ President.

Article 34

Simple majority of each House shall constitute a quorum for the transaction of business by the House of Senate or the House of County Legislative Assembly, but a lower number may adjourn from day to day and compel the attendance of absent members. Whenever the Houses of the County Legislative Assembly and the Senate shall meet in joint session, the presiding officer being the Speaker of the House of the County Legislative Assembly of the Republic shall preside.

Article 35

Both the Houses of Senate and County Legislative Assembly shall have the power:

a) To create new counties and other political sub-division, and readjust existing county boundaries;

b) To provide for the security and national defense of the Republic;

c) Armed Forces of the Republic, and to make appropriations therefor provided that no appropriation of money for that use shall be for a longer term than one year; and to make rules for the governance of the Armed Forces of the Republic;

d) to levy taxes, duties, imports, exercise and other revenues, to borrow money, issue currency, mint coins, and to make appropriations for the fiscal governance of the Republic, subject to the following qualifications:

(i) all revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills, shall originate in the House of the County Legislative Assembly, but the Senate may propose or concur with amendments as on other bills. No other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality. In all such cases, a true and correct account of funds collected shall be made to the community or locality; Both the National Legislature and County Legislative Assembly shall have equal power to levy and impose taxes in their respective jurisdictions.

(ii) No monies shall be drawn from the treasure except in consequence of appropriations made by both Houses of Senate and County Legislative Assembly enactment and upon warrant of the President and Governors of the County Governments; in which case, represented by the President of Liberia and President of the County Governors of the Republic of Liberia; and no coin shall be minted or national currency issued except by the expressed authority of both the Houses of the Senate and County Legislative Assembly. An annual statement and account of the expenditure of all public monies shall be submitted by the offices of the President of Liberia and President of Governors of County Governments to the Houses of Senate and County Legislative Assembly sitting jointly in Legislative Assembled and published twice a year;

(iii) no loans shall be raised by both the National and County the Governments on behalf of the Republic or guarantees given for any public institutions or authority otherwise than by or under the authority of a legislative enactment entered by both the Houses of Senate and the County Legislative Assembly of the Republic.

e) to constitute courts inferior to the Supreme and the Intermediate Appellate Courts of the Republic to including Circuit Courts, Claims Courts, Magisterial Courts of Record and such courts with prescribed specialized jurisdictional and power as may be deemed necessary for the proper administration of justice throughout the Republic of Liberia;

f) The Houses of Senate and County Legislative Assembly, standing alone shall approve treaties, conventions and such other international agreements negotiated or signed on behalf of the Republic.

g) to regulate trade and commence between Liberia and other nations;

h) to establish laws for citizenship, naturalization and immigration.

i) The Houses of Senate and County Legislative shall both enact the election laws;

j) to establish various categories of criminal offenses and provide for the punishment thereof;

k) to enact laws providing pension scheme for various categories of government officials and employees in accordance with age and tenure of service; and

l) to make other laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the both the National and County Governments of the Republic of Liberia, or in any department or officer thereof.

Article 36

Each bill or resolution which shall have passed both House of Senate and the House of the County Legislative Assembly shall, before it becomes law, be laid before the President of Liberia and President of County Governors of Liberia for their approval. If they grants approval, it shall become law. If the President of Liberia and President of the County Governors do not approve such bill or resolution, they shall return it, with their objections, to the House in which it originated. In so doing, the President of Liberia and the President of the County Governors may disapprove of the entire bill or resolution or any item or items thereof. This veto may be overridden by the re-passage of such bill, resolution or item thereof by a veto of two-thirds of the members in each House, in which case it shall become law. If the President of Liberia and President of the County Governors do not return the bill or resolution within twenty days after the same shall have been laid before them it shall become law in like manner as if they had signed it, unless both the Houses of Senate and the County Legislative Assembly by adjournment prevent its return.

Under either the jurisdiction of both the Houses of Senate and County Legislative Assembly, no bill or resolution shall embrace more than one subject matter which shall be expressed in its title.

Article 37

The Senators of the House of Senate and the Representatives of the House of the County Legislative Assembly shall receive from the Republic remuneration for their services to be fixed by law, provided that any increase shall become effective at the beginning of the next fiscal year.

Article 38

In the event of a vacancy in the Houses of Senate and County Legislative Assembly caused by death, resignation, expulsion or otherwise, the presiding officer shall within 30 days notify the Elections Commission thereof. The Elections Commission shall not later than 90 days thereafter cause a by-election to be held; provided that where such vacancy occurs within 90 days prior to the holding of general elections, the filling of the vacancy shall await the holding of such general elections.

Article 39

Each House shall adopt its own rules of procedure, enforce order and with the concurrence of two-thirds of the entire membership, may expel a member for cause. Each House shall establish its own committees and sub-committees; provided, however, that the committees on revenues and appropriations shall consist of one member from each County. All rules adopted by the Houses of Senate and County Legislative Assembly shall conform to the requirements of due process of law laid down in this Constitution.

Article 40

The Houses of Senate and County Legislative Assembly shall cause a census of the Republic to be undertaken every ten years.

Article 41

Neither House shall adjourn for more than five days without the consent of the other and both Houses sitting in the Cities of Monrovia, Montserrado County and Gbarngba, Bong County, Republic of Liberia.

Article 42

The business of the Houses of Senate and the County Legislative Assembly shall be conducted and concluded in the English language or, when adequate preparations shall have been made, in one more of the languages of the Republic as both the Houses of Senate and County Legislative may by resolution approve.

Article 43

No member of the Senate or House of the County Legislative Assembly shall be arrested, detained, prosecuted or tried as a result of opinions expressed or votes cast in the exercise of the functions of his office. Members shall be privileged from arrest while attending, going to or returning from sessions of the Legislature, except for treason, felony or breach of the peace. All official acts done or performed and all statement made in the Chambers of the Legislature shall be privileged, and no Legislator shall be held accountable or punished therefor.

Article 44

The power to prepare a bill of impeachment is vested solely in the House of County Legislative Assembly, and the power to try all impeachments is vested solely in the Senate. When the President, Vice President, an Associate Justice, or County Governor is to be tried, the Chief Justice shall preside; when the Chief Justice or a judge of a subordinate court of record is to be tried, the President of the Senate and President of the County Governors shall preside. No person shall be impeached but by the concurrence of two-thirds of the total membership of the Senate. Judgments in such cases shall not extend beyond removal from office and disqualification to hold public office in the Republic; but the party may be tried at law for the same offense. Both the Houses of Senate and County Legislative Assembly shall prescribe the procedure for impeachment proceedings which shall be in conformity with the requirements of due process of law or as laid down in this Constitution.

Article 45

Contempt of both the Houses of Senate and County Legislative Assembly shall consist of actions which obstruct the legislative functions or which obstruct or impede members or officers of the Legislature in the discharge of their legislative duties and may be punished by the House concerned by reasonable sanctions after a hearing consistent with due process of law. No sanctions shall extend beyond the session of the Legislature wherein it is imposed, and any sanction imposed shall conform to the provisions on Fundamental Rights laid down in the Constitution. Disputes between legislators and non-members which are properly cognizable in the courts shall not be entertained or heard in the Legislature.

Article 46

The Senate shall composed of Senators elected for a term of six years by the registered voters in each of the counties, but a Senator elected in a by-election to fill a vacancy created by death, resignation, expulsion or otherwise, shall be so elected to serve only the remainder of the unexpired term of office. Each county shall elect two Senators and each Senator shall have one vote in the Senate. Senators shall be eligible for re-election from time-to-time for only a period of six years only.

Article 47

Immediately after the Senate shall have assembled following the elections prior to the coming into force of this Constitution, the Senators shall be divided into two categories as a result of the votes cast in each county. The Senator with the higher votes cast shall be the Senior Senator from a county shall be placed in the same category. The seats of Senators of the first category shall be vacated at the expiration of the six years. In the interest of legislative continuity, the Senators of the second category shall serve a first term of six years only, after the first elections. Thereafter, all Senators shall be elected to serve a term of six years.

Article 48

The Senate shall elect once every six years a President Pro Tempore who shall preside in the absence of the President of the Senate, and such shall officers as shall ensure the proper functioning of the Senate. The President Pro Tempore and other officers so elected may be removed from office for cause by resolution of a two-theirs votes majority of the members of the Senate.

Article 49

The House of the County Legislative Assembly shall be composed of members elected for a term of four years by the registered voters in each of the legislative constituencies of the counties, but a member of the House of the County Legislative Assembly elected in a by-election to fill a vacancy created by death, resignation or otherwise, shall be elected to serve only the remainder of the unexpired term of the office. Members of the House of the County Legislative Assembly shall be eligible for re-election from time-time-to-time for a period four years only.

Article 50

The House of the County Legislative Assembly shall elect once every four years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The speaker, the Deputy Speaker and other officers so elected may be removed from office for proven cause after been tried by members of the judicial Committee and by resolution of two-thirds votes of majority of the members of the House of the County Legislative Assembly of the Republic.

Article 51:
National Legislature

The House of the County Legislative Assembly and the House of Senate when sitting jointly and in Legislative Assembled shall herein after be known and referred to as the National Legislature of the Republic of Liberia; except that when sitting separately, distinctly and alone in the City of Gbarngba, Bong County, Republic of Liberia, they shall be known and referred to as the County Legislative Assembly of the Republic of Liberia and its members shall be known and referred to as Representatives of the County Legislative Assembly of the Republic of Liberia.

Article 52:
County Legislative Assembly

Except as otherwise provided, all 64 members of the herein before known and referred to as members the House of Representatives of the Republic of Liberia, shall herein after be known as members of the County Legislative Assembly of the Republic of Liberia and they shall from-time-to-time be headed by a speaker and deputy speaker elected once every four years from amongst themselves.

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Happy, happy July 26, 2010 to all Liberians and Residents of Liberia. May God continue to shower upon us His Grace and sustain us as we struggle to reform the current structure and form of our 1847 structure and form of Government for a better Liberia.

Respectfully written and submitted by,

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

Counselor-At-Law & Member Liberian National Bar Association (LNBA) And

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

And Executive Director Center for Immigrants and Immigration Services (CIIS)

4111 Odessa Street, Suite 2

Denver, CO 80249

E-mail: fjayweh@hotmail.com

E-mail: fjayweh@ciisddenver.org

Website: www.liberianlawyers.org

Website:www.ciisdenver.org

Phone: 303-355-0611

Cell Phone: 720-885-5067