Liberia: "Only the Court Can Establish Dual Citizenship"

Chief Justice Francis Korkpor has clarified that the Supreme Court ruling in the Alvin Teage Jalloh case did not nullify a section of the Alien and Nationality Law that automatically takes away the citizenship of any Liberian who acquires another nationality.

However, Justice Korkpor noted that the Court ruling was not particular about dual citizenship, instead, it meant to inform the government that only the court has the legal authority to revoke someone's citizenship.

Justice Korkpor, speaking at the Chambers of the Supreme Court during the hearing of a petition to admit Jalloh, who is also an Attorney-at-Law said, "Liberians can hold dual citizenship until the government takes them to court and a judgment is given against them."

“We have never said that there is dual citizenship in Liberia. We have told the Government through the Ministry of Justice that, if a Liberian left the country and obtained dual citizenship, it is the court that can establish dual citizenship, and not the government."

Chief Justice Korkpor's remarks come after the Minister of Justice, Frank Musah Dean, informed the Minister of Foreign Affairs, Dee-Maxwell Kemayah, of the Supreme Court's decision and mandated him to adjust its operations to accommodate all Liberian-born individuals who request Liberian passports.

In the communication, Minister Dean advised that henceforth, a Liberian by birth who obtains naturalization in a foreign country will only forfeit his Liberian citizenship as a result of a “due process” of law, meaning that the individual would have to formally renounce their Liberian citizenship.

“In the absence of a formal renouncement (in a court of law), a Liberian citizen who has naturalized in another country reserves the right of entitlement to a Liberian passport,” he said in the Sept 22, letter.

Min. Dean further mandated his counterpart at the Foreign Affairs Ministry to ensure that the implementers of the revised regulations governing the administration and issuance of Liberian passports "take due note.”

He added that based on the Supreme Court’s decision, all Liberians remain Liberians unless divested of their citizenship by order or judgment of a court of competent jurisdiction.

In a WhatsApp chat exchange then, Minister Dean told the Daily Observer that the communication to the Foreign Minister was prompted by reports that “some Liberians with dual citizenship were being denied Liberian passports. Yes, it includes children born in other countries to Liberian parents.”

However, the practicality of the Court ruling by the government does not confer a right to dual citizenship, rather it instructs the government to comply with the principle of due process of law before depriving any Liberian of his/her citizenship.

Also, the issue of the parameters of dual citizenship for Liberians has yet to be settled as to whether Liberians with dual citizenship will be eligible to hold elective office or occupy sensitive government positions.

Meanwhile, after thoroughly scrutinizing Atty. Jalloh about his petition and dual citizenship, the Supreme Court reserved its decision, as to whether or not to grant Jalloh's counselorship.

Justice Korkpor maintained that they were going to take Jalloh's case "very seriously." Atty. Jalloh currently serves as one of the In-House Lawyers of the National Elections Commission (NEC).

Jalloh is among 40 Attorneys-At-Law that have applied for admittance to the Supreme Court Bar as Counselors-At- Law. Under the law, non-Liberians or those with dual citizenship are banned from practicing law in the country.

Despite the law and Jalloh's admittance to his dual citizenship, it is not clear what led to his appointment as an in-house counsel for the NEC, given his legal disability.

An attorney-at-law seeking to be admitted to the Supreme Court Bar in Liberia must be a Liberian citizen, graduate of the Louis Arthur Grimes School of Law or any recognized law school in Liberia or abroad and shall be actively engaged in the practice of law at least for the period of five years.

The Attorney’s petition must be supported by at least two practicing counselors of the Supreme Court’s Bar.

One of said counselors must admit the Attorney into the court’s Bar and that said Attorney must undergo ethical and moral examinations.

The Supreme Court by law is clothed with authority to supervise all judges and counselors practicing in the country and suspend licenses of individuals for misconduct, malpractices, and violation against the practice of law.

The dual citizenship case came about when a naturalized American Jalloh, was barred from obtaining a Liberian passport by the Weah administration, citing Sections 22.1 and 22.2 of the Alien and Nationality Law, published on May 15,1973.

Jalloh, who was born in Liberia, was told by the Liberian embassy in Washington, DC (USA) that he needed a non-immigrant Liberian visa before he could be permitted to enter Liberia.

But Jalloh took issue with the government's stand and filed an appeal to the Supreme Court of Liberia, challenging the decision. In his suit, Jalloh argued that Sections 22.1 and 22.2 of the Alien and Nationality Law, which were enacted before the adoption of the 1986 Constitution, as repealed by Article 95(a) of the 1986 Constitution, are inconsistent with the due process clause of Article 20(a).

Section 22.2 of the Alien and Nationality Law allows the citizenship of a Liberian to be revoked “solely from the performance by a citizen of the acts or fulfillment of the conditions specified in [Section 22.1].” Among the enumerated acts of Section 22.1 is “(a) Obtaining naturalization in a foreign state upon his own application…”

But after claims and counterclaims between government lawyers and Jalloh’s legal team, the Supreme Court in 2019 agreed with Jalloh’s argument that Article 95(a) of the Liberian Constitution allows for the continuation of laws predating the enactment of the 1986 Constitution, “in so far as it is not inconsistent with any provision of this Constitution…”

However, Jalloh’s concern was that revocation of citizenship under section 22.2 of the Aliens and Nationality Law impacted constitutional due process as outlined in Article 20(a).

Article 20(a) of the Constitution grants that: “No person 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.”

“Wherefore and in view of the foregoing, the petition is hereby granted. Section 22.2 of the Aliens and Nationality Law, to the extent that it provides for loss of citizenship solely on account of the performance by a citizenship of acts or fulfillment of the conditions specified in Section 22.1 without the institution by the Government of any proceedings to nullify or cancel citizenship in violation of the due process clause under Article 209(a) of the 1986 Constitution, is hereby null and void without any force and effect of law,” the Judges ruled.

However, the government did not act on the Court ruling until after one President Weah signature project, the 2020 referendum, which included a proposal on dual citizenship, was massively defeated during the December poll.

That defeat forced the government to look at the Court ruling, despite remaining mute on the matter for nearly two years.

It can be recalled that the Supreme Court recently suspended the former head of the Liberia Anti-corruption Commission ( LACC), Cllr A. Ndubuisi Nwabudike, on April 3, 2020, from the practice of law directly or indirectly in Liberia for six months over accusation of obtaining Liberian citizenship through fraudulent means.