Liberia: Supreme Court Upholds President Weah’s Executive Order#117

 

 

— Justice Gbeisaye says it ‘protects the integrity of the October 2023 elections’

The Supreme Court has denied a request from the  Economic Freedom Fighters of Liberia to halt the enforcement of President George Weah's executive order #117, which called for the resignation of government officials desiring to contest the October 10 elections.

The Court's decision was made by Associate Justice Yamie Gbeisaye, who is the Justice-in-Chamber. It came after the justice temporarily halted the enforcement of the president's executive order last month to look into the merits of the opposition party's request for a writ of prohibition. 

The party had requested the court prevent the government from enforcing the president's order, claiming that it violates the 2014 Code of Conduct (CoC) and its amended version in 2022.

But Gbeisay said in his ruling that the court applauds the president’s executive order since it protects the integrity of the October 10 polls.

“The executive order intends to create a plain and level field to prevent Liberia’s competitive politics from unfair and undue advantages, in which public officials in charge of public finances could be preferred by voters, over others in the election process,” Gbeisay said in his ruling. 

“The fact is that the amended CoC of 2022, ‘as is’, cannot compel public officials who intend to contest the October 10 election to resign from office before participating in the election. The President has taken additional measures to protect the integrity of the process, which the court must applaud,” the Justice added.

The ruling was, however, rejected by the EFFL, which announced an appeal before the full bench of the Supreme Court. 

The party argued in its writ that the executive order went against the spirit and intent of the Code of Conduct Act since the law is being implemented only a few months before the October 10 elections, instead of the required one-year notice.

The President’s executive order, issued on March 14, mandated all government officials desiring to contest the October 10 elections to resign before April 7. 

According to the Executive Mansion, the President’s action was in accordance with Section 5.2 of the amended 2014 Code of Conduct.

However, Weah has faced significant criticism for implementing the law within such a short period. Section 5.2 of the amended law reduces the resignation period for officials from a maximum of three years to just one year.

The President acknowledged the one-year resignation clause but pointed out that with only seven months left until the elections, the amended Act cannot prevent public officials from participating in the October 10 election. 

Weah added that the executive order was necessary to establish a fair political playing field, citing national interest.

But the EFFL has argued that the President’s justification violates the law, as the order should have been issued in 2022 to ensure that the clause’s objective, which aims to prevent presidential appointees from using state resources to contest elections, was achieved. 

The party’s writ seeks to have the President's executive order declared void, as though it never existed. The party argues that the phrase ‘who desires to contest for any elected office’ is directly contradictory to the executive order.

Defending his ruling, Gbeisay said that the preamble of the Executive order emphasizes that the action was taken by the President, to fully enforce the intent of the amended CoC, as envisaged by the legislature, to protect the resources of the Liberian state from abuse by public officials in public elections.

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