Senate Receives Code of Conduct Repeal Act

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The Senate yesterday received an Act calling for the repeal in its entirety of “The Act of the  Legislature prescribing a National Code of Conduct for all pubic officials and employees of the Government (2014).”

Maryland County Senator H. Dan Morais, in his three-page communication read before Senate plenary yesterday, argued that his action is in line with the cardinal purpose of the Code of Conduct as prescribed in its preamble, which “has now been reversed by the ruling of the Supreme Court.”

The Code of Conduct was approved March 31, 2014, and printed and published on June 20 of the same year, became enforceable law, and was used in the special senatorial election in 2014.

“The purpose of the Code of Conduct becomes unattainable when ruling from the High Court, renders laws made by the legislature only enforceable when it is validated by its constitutionality,” Senator Morais said.

Outlining further reasons for his proposed Act, Morais said when a law that was in force since 2014 is now opinionated by the Supreme Court in the form of a ruling in the case of “Karnwea versus National Election Commission, the Legislative response to this Judicial Review cannot be less than the entire repeal of the Code.”

Sen. Morais is the Senate chairman on the Committee of Foreign Affairs. He wondered where the impartiality, objectivity, transparency, integrity, efficiency and effectiveness lies when “people who have wantonly and fragrantly violated the Code of Conduct, which became an eligibility criteria almost three years ago and a subject of a judicial review in 2017, can celebrate.”

“Where is the justice and fairness in a level playing field to a free, credible, transparent and democratic election,” the Maryland County lawmaker wondered, noting, “when the violation of an eligibility criterion of an election is now a subject anything than a disbarment or disqualification?”

Sen. Morais reminded his colleagues that “as gatekeepers of the people we must ensure fairness that Abu Kamara, the assistant minister, who the NEC denied from contesting cannot and must not be the only Liberian whose disbarment or disqualification is applicable to. Justice is not blind when it sees only Kamara and sees no other violator.”

But in a brief debate following the reading of the communication, Senator Varney Sherman, chairman of the Senate Committee on Judiciary, Claims and Petitions, said instead of repealing the entire Code of Conduct, the author of the Act must be requested to do another letter requesting an amendment of the code that is found conflicting, adding: “we cannot repeal the entire code when there is no code to replace it.”

Sen. Sherman was returning to the Capitol Building for the first time since he fainted a few months ago minutes before the commencement of a program to endorse the presidential bid of the President of the Senate and Vice President of Liberia, Joseph Boakai, by 19 Senators.

Other Senators agreed that the Supreme Court was not clothed with the authority to make law, and cited that its recent decision constitutes law-making.

The letter was later unanimously voted on and sent to the Judiciary Committee to report next Tuesday and advise the Senate plenary.

21 COMMENTS

  1. The Supreme Court burned out the COC. The Code has diminished – no essence! U can’t just craft laws n put on shelves n expect selves implementation.

  2. The aspect of the code of conduct law that deals with public officials resigning three years in advance should be amended because it make no sense, but the entire law should not be repealed

  3. I ready wondered about our legislature branch in our today. While because, I can still remember in grade when the progressive used to call the our legislature “So say one so say all “. But , I pause. How can we call our legislature today? Blindfold to the world we live in today or just corrupte and no sense.

    • Mathew, you are walloping in a quagmire of confusion, because this issue is way beyond your compression. Stop insulting our political leaders, and sit quietly while you witness the proceedings. Most likely, your quietude, coupled with your desire to learn, may help you to understand this matter.

  4. The exemption of Amb. Sulunteh, was an error committed by the Supreme Court, because section 5.2 clearly referred to Article 56 when it mentioned appointed officials. There was nothing ambiguous about that article, that needed clarification. To have asserted that Amb. Sulunteh was appointed by Hon. Cummings after the Chesson-Mappy’s ruling, was absurd, and irrelevant, because The CoC has been in force since it was enacted. In view of this, those three Judges who voting in favor of this unlawful ruling, should be summoned for a hearing.

  5. Senator Morais is correct in calling for “a repeal of the code of conduct act”. I am elated that he came around to see, in my opinion, that this law is unjust, immoral,bias and discriminatory. To follow up with the suggestion of Senator Sherman, let me recommend that we enact legislation stipulating that anyone , elected or appointed running for office, who uses government property-i.e.-pieces of equipment, office space or vehicle, be require to reimburse government from their campaign. This would be a fairer, equal and transparent act that does not discriminate against any group of citizens who is desirous of serving our country. For all citizens should be encourage to serve in whatever ways they see fit. Politics should be inclusive and not exclusive.

  6. Senator Morais ‘ call for a repeal is not based on any unjustness of the COC in general nor on sections 5.1 and 5.2 of the COC.

    Rather his call is based on the Supreme Court by all implications rendering Sections 5.1 and 5.2 of the COC. And this is why he Senator Morais and other senators have submitted to their legislative colleagues a resolution calling for the IMPEACHMENT of justices Banks, Howard-Wolokolie, and Kabineh Janeh.

  7. Senator Morais’ call is based on the Supreme Court AIDING AND ABETTING ASPIRANTS IN FLOUTING SECTIONS 5.1 AND 5.2 OF THE COC, as evidenced by his Morais and legislative colleagues submitting a resolution for the IMPEACHMENT of Banks, Jamesetta, and Kabineh, three of whom have brought DISREPUTE to the court. This is what we intended to write.

  8. I see where you are coming from and where you have been and where you are going. You, my friend , have been on the wrong side of this issue from the inception. It is about time you call a bad law a bad law and leave your legal interpretation for another argument. The bottom line is I have been calling for the repeal from the beginning and that is what we will get.

  9. SEE THE HEADLINE CAPTION SUBSTANTIATION PUBLISHED BY FRONTPAGEAFRICAONLINE TODAY!!!

    “Five Liberian Lawmakers Want Justices of Supreme Court Impeached.”

    Please briefly explain why you believe this law is a “bad law”. For us, despite the fact we are convinced the President´s motive and intent for proposing this law had been highly selfish, diabolical and machiavelian, we are of the conviction that this law is LEGITIMATE AND CONSISTENT WITH THE LIBERIAN CONSTITUTION; at least as evidenced By the abuses we saw on the part of several public officials, prior to and during the enactment/passage of this law.

    Again, could you be so kind as to BRIEFLY share with us YOUR ARGUMENT why you believe this law is a “bad law”, we shall be grateful.

    E.Tyson Lewis, the law being “bad” or “good”, and the Supreme Court´s bad behavior or misconduct, which brings disrepute to the Supreme Court are quite different and separate situations.

  10. The So-called CODE OF CONDUCT was born March 31, 2014 and died July 28, 2017. She did not live long because she has corrupt intentions. Anything that is bad must not survive. Thanks, to the Honourable Senator from the great County of MARYLAND who want to see that the Corrupt LAW be removed from the Liberian CONSTITUTION because It has dangerous purposes . The LAW most noticeable intentions were to award the PRESIDENCY to Hon.Joseph N. Boakai and to deny some Candidates from contesting in both VP and presidential Elections.

  11. Since that nation’s legislature is calling for the repealed or amendment of the Code of Conduct , and faulting the Supreme Court for their decisions to repeal or amend the Code , it is time that the Supreme Court take another step in the same direction by ruling against those bad laws that criminalizes freedom of the press and free speech that are not up to the standard of the 1986 or 1985 constitution . Such ruling by the Supreme Court may also force the lazy lawmakers to come up with laws that meets the demand of the 1986 constitution . That nation should not be too radical in trying to make things right with anger . The first government of the United States which was formed in 1776 fell apart under the original 13 colonies because it too was politically and administratively weak and corrupt . It lasted for 18 or 16 months under the first President John Hasen of the United States from the state of Maryland who governed the 13 original colony under the Article of Confederate . 1790 George Washington became the first President of the United States on the present constiution signed by many of the colonies after declaring independence 1776 . Even great nations often failed in their rush to accomplish some political tasks . But if they are politically honest and working in the interest of the Liberian State , they can accomplish any political tasks. No need to show off , no need to rush , no need to show political anger . All that is needed is to be honest to the political process and the laws that holds the governing institutions together. And with God’s blessing, the impossible will be possible . That’s the main reason why many Liberians pray for their country , for the impossible to be possible .

  12. The Legislature IS NOT calling for a repeal nor replacement of the law. One or five or a few lawmakers calling for a repeal or replacement of whichever law IS NEVER EVER the Legislature making such a call!

    Sensationalism which has nothing to do with practicality IS A key element of journalism. So if one “minds” the sensationalistic conduct of a reporter or editor he or she shall inadvertently or unnecessarily jump to conclusion.

    And this is what has transpired here with people now WRONGLY concluding that “the Legislature is calling for a repeal of the COC when this IS NOT the case.

    Take for example the caption on the rape and impregnation perpetuation by Representative Morias Waylee of his 13 years old niece.

    The caption for that story reads: Insuficient Evidence”, when the reality, fact, and truth, in TOTALITY is that Justice Minister Frederick Cherue has instructed prosecutors to hands-on off the case in violation of the law.

    Thus, let people stop this wishful thinking about law being repealed and wait to see if or when the Legislature shall make such a call which is never the case when one or a tiny few are making such call far prior to plenary.

  13. FACTUALITY, NOT PRACTICALITY , AND PERPETRATION, NOT PERPETUATION, IN PARAGRAPHS 2, & 4, RESPECTIVELY.

  14. The Code of Conduct inflicts many injuries on free citizens of Liberia by way of denying
    them their freedom to democratically contest in their national elections. The Constitution
    and other Laws enacted by the Legislature that deal with unethical and corrupt behavior
    in the country are enough. Therefore, the entire Code of Conduct must and should be
    repealed in order to remove its stains from our Law Book.

    To Senator Sherman, it is not imperative that when a law is repealed, it has to be replaced
    by another law. You want to please President Ellen Johnson-Sirleaf to lessen your trouble
    with her Government, look in another area of reasonableness.

  15. Senator Morias, what’s going on in the Legislature? One group of Legislators is calling for the impeachment of three Justices of the Supreme Court and now you are calling for the repeal, in its entirety, of the Code of Conduct law. Can’t you see, and understand, that there are many different types of abuse of office currently on going?

  16. Why is that no system can work in this country? Liberians we are very boostful, we can not boost of any good system in this country. Liberia is a country where no system can just work because liberians do not even know what is government. I think government is just a very complex system that is well guided by rules and regulations that people must unconditionally live by or adhere to.The code of conduct is just one of many systems that is very good for this country. But look at what has happen to this good system just because a group of people who we think are super level-headed, highly educated could not defined the word DESIRE with respect to the COC. look at the at US dollars and the liberia dollars rate business, every where you passed in Monrovia you see some one changing money. This not a system. If all money changers were ask to register and pay tax to government and let govt. build about three structures, one in red light, one in central monrovia and another in Dualla. these buildings must be divided into small rooms, which will hold aleast two to three money changers. In facts in the Guinea capital, Conakry were I visit every two months to do business there is one major money changing area in Medina where all the money changers are in one building and few of them around the buildings. Another area that one may change money is at the air port. The air port is not very common, not many business ppeople know the area. For sure the central Bank Governor and the Finance Minister for that country may just walk to that building and warn the money changers what to do. This what we call system. 170 years no system in place, from the common citizens in the streets to the president everybody corrupt. He that benefits from a corrupt system will always resist change. the supreme court has the COC meaningless in fact not only meaningless have sent a clear message to the world that there is no justice in liberia, why only Mr. Kamara is it because of his ethnic back ground or the COC was made for the Kamara people in this country, this is not fair. supreme court pls withdraw your rulings and let Mr. Kamara contest the coming elections.

  17. I think our lawmakers need to visit article 43 and 71 of the 1986 revised Constitution of Liberia, that will give them the clear vision as to how they can handle the issue of the code Of conduct .

  18. Mr. Harriaon Kpartipa, this Code of Conduct has inflicted many injuries on free citizens
    of Liberia. You know, when the Law is made to damage citizens, it does not need to
    exist at all. It missed the objectivity, reasonableness and protection of the people of
    Liberia. Therefore, it can not exist. It should be repealed in its entirety. The Constitution
    was drafted and voted on by the Liberian people to protect the people of this country,
    not the Code of Conduct.

    That law, CoC, is made for President Ellen Johnson-Sirleaf to get even with some citizens.
    That is not the purpose of any LAWS at all! It should not hade been passed into Law
    just because the power that be that suppose to protect all citizens, this CoC is not
    protecting anyone. And so, it must be repealed in total to remove its stains from our Laws.

  19. Mr. Harriaon Kpartipa, this Code of Conduct has inflicted many injuries on free citizens
    of Liberia. You know, when the Law is made to damage citizens, it does not need to
    exist at all. It missed the objectivity, reasonableness and protection of the people of
    Liberia. Therefore, it can not exist. It should be repealed in its entirety. The Constitution
    was drafted and voted on by the Liberian people to protect the people of this country,
    not the Code of Conduct.

    That law, CoC, is made for President Ellen Johnson-Sirleaf to get even with some citizens.
    That is not the purpose of any LAWS at all! It should not had been passed into Law
    just because the power that be that suppose to protect all citizens, this CoC is not
    protecting anyone. And so, it must be repealed in total to remove its stains from our Laws.

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