By Garmah Lomoh|Contributor
Cllr. Arthur T. Johnson a renounce Liberian lawyer and member of the Supreme Court Bar has Petitioned the Supreme Court on the appointment of the National Election Commission Chairperson and Co-chair and asked court to declare the appointment of the NEC Nominees unconstitutional.
Cllr. Johnson in the above entitle cause of action most respectfully prayed the Honourable Supreme Court of the Republic of Liberia to determine the constitutionality of the Appointments of Mrs. Teplah Reeves and Mrs. Davidetta Browne-Lasannah as Co-Chairperson and Chairperson, respectively, and declared the appointment of the presidential nominees and confirmation hearings presently being conducted by the Liberian senate as “unconstitutional for” the following factual and legal reasons.
He said the Elections Law of Liberia, Title 11, Liberian Code of Laws Revised Chapter 2, Section 2.2. Appointment and Tenure of the Commissioners of the National Elections law of Liberia states “The President shall nominate and, with the consent of the Senate, appoint and commission the Chairman, Co-Chairman and other members of the Elections Commission, and who shall hold their office during good behavior for a period of seven (7) years, effective as of the date of their commission; they may however be removed upon proof of misconduct.”
In a 15 counts Petition, the petitioner Cllr. Johnson also says that the Constitution of Liberia says that CHAPTER X AUTONOMOUS PUBLIC COMMISSIONS, Article 89 ‘The following Autonomous Public Commissions are hereby established” and that is to say that three autonomous public commissions were established and the National Elections Commission (NEC) is one of those commissions which give A. CIVIL SERVICE COMMISSION; B. ELECTIONS COMMISSION; and C. GENERAL AUDITING COMMISSION. “The Legislature shall enact laws for the governance of these Commissions and create other agencies as may be necessary for the effective operation of Government.”
Petitioner believes that the two female personalities are academically qualified and under no condition questions their qualifications, but rather the purposes of this Petition are tailored on the constitutionality of the appointments and confirmation hearings conducted by the 1st Respondent, (republic of Liberia) and also the spirit and intent of the Act establishing the National Elections Commission (NEC) Law of Liberia and that the appointments of the two nominees fundamentally violate the tenure requirements spelled out in the very Act of NEC Law and also the Constitution of the Republic of Liberia.
The appointments of these Presidential Appointees, though they are qualified women competent for leadership positions in this nation, but their present positions at the National Elections Commission (NEC) cannot allow them to be re-appointed in the very and same Commission as Co-Chairperson and Chairperson, respectively while serving their seven(7) year tenure because such appointments constitute effective removal and in violation of the tenure requirement of the National Elections Commission (NEC) Law and the Constitution of Liberia , specifically Articles 54 , 55, and 56, and all state who the President of Liberia can appoint and remove at his will and pleasure.
The renowned Liberian lawyer added that Chapter X, Article 89 of the Constitution of Liberia gives the President of Liberia the appointment powers to nominate commissioners of NEC , but not the “ will and pleasure” powers that are enumerated in Articles 54, 55,and 56 of the Constitution of Liberia .
For this violation of the Constitution, Your Honours and This Honourable Supreme Court of Liberia are most respectfully requested to declare the constitutionality of the appointments of Mrs. Teplah Reeves and Mrs. Davidetta Browne-Lasannah as Co-Chairperson and Chairperson, respectively as unconstitutional.
Both Mrs. Davidetta Brown and Mrs. Reeves were serving as commissioners at the NEC prior to the nomination by president Weah as chair and co-chair respectively at the commission.
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