Why the Delay to Hold Representative By-Elections?

Montserrado County District #4 Representative, Rustonlyn Suacoco Dennis, has raised concern over the delay to hold by-elections to fill seats in the House of Representatives that were rendered vacant following the December 8, 2020 senatorial elections. 

According to Rep. Dennis, the delay is now grossly in violation of the Constitution and she is calling on the Administration of President George Manneh Weah to act with urgency.

Article 37 of the Liberian Constitution states, “In the event of a vacancy in the Legislature 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.”  

The special senatorial election last year saw four vacancies created in the House of Representatives. Lawmakers, including Representatives Edwin M. Snowe of Bomi County, Prince Moye of Bong County, Zoe E. Pennue of Grand Gedeh County and Jeremiah Koung of Nimba County, were successful to ascend to the senatorial position, thereby leaving their seats in the lower House vacant.

Liberia is still more than 24 months away from general elections, expected in 2023, at which time the entire House of Representatives shall be up for re-election. Rep. Suacoco is therefore wondering how long the four districts in question can continue to go without their duly elected representatives. 

The House of Representatives, in adherence to its duty as prescribed by the Constitution, informed the National Elections Commission (NEC) since the former occupants of those vacant seats ascended to the upper house, but there has been no by-election since the NEC was informed.

Earlier in March this year, the NEC submitted the budget of US$699,173.04 to the National Legislature for a by-election in Bomi and Grand Gedeh counties without Bong and Nimba County at the time.  With the two added, it is expected that the NEC will go beyond the first budget. And whatever budget that is projected and approved will be provided by the Executive -- the head of government and dispenser of the national budget.

In an open letter posted on her Facebook page to the President, Rep. Dennis declared that she was bringing to the attention of the President the four legislative vacancies since the special senatorial election on December 8 last year. She noted that, within the four districts whose seats are not occupied, there are roughly a population of 122,581 people who are not able to participate in national decision-making and policies as a result of the vacancies.

While there may be other reasons for the procrastination in holding the by-elections, there are two reasons that have come to public attention -- the government’s perceived inability to provide the needed funds for the by-elections, perhaps due to budgetary constraint, and the fact that some results of the senatorial election were contested in the court.  

For instance, it was on April 8 this year that the Supreme Court endorsed NEC’s decision declaring Jeremiah Koung as winner in the December 8 senatorial election after months of arguments with candidate Edith Gongloe-Weh before the NEC Board of Commissioners.

However, the Montserrado County District #4 lawmaker, in adherence with her oversight responsibility, contends that holding by-elections for vacant seats is one of the least she could imagine the President cannot do in line with the Constitution. She wonders if the massive defeat of President Weah’s party during the special senatorial election in any influences the delay to hold another election any time soon.

Addressing the President in her post, Rep. Dennis said: “Honestly, this is one of the least that I could have imagined that you were unable to do.  Many of those creating those voids are your partisans or supporters.  Mr. President, are you angry that you were massively flogged during the senatorial elections for which you have defiled our sacred Constitution by allowing almost a year to conduct by-elections?  Are you running the country based on emotions and or gossip?”

She continues, “I am struggling to imagine why [after] about 8 months, there’s no conduct of a by-election to fill the gaps created.  Please note that the Legislature is not the fault nor NEC.  This is squarely in your domain as Chief Executive.  The senatorial election has been December 8, 2020 and counting up to August 8, 2021, it’s 8 months since.

“Mr. President, this is a blatant violation of article 37 of the 1986 Constitution of Liberia.  More to constitutional violations are deprivations of the citizens of the above mentioned districts from the government; exclusion from economic participation, national decision making and social justices and reform.”

Even though the lawmaker is flagging out the shortcomings of the Executive in meeting up with its constitutional obligation, the National Elections Commission, however, has confirmed receiving almost the amount needed to conduct the four by-elections in the four counties.  A few weeks ago, the NEC boasted of receiving 99 percent of the budget needed to conduct the by-elections, but it has not announced the date that the elections will be held.

While the assurance of the by-elections has been given, albeit without a set date, pre-campaign activities have begun in Nimba County District #1, the seat vacated by Senator Jeremiah Koung.  Aspirant Samuel Brown is among four other aspirants eyeing the position. Appearing to be more financially capacitated, he has begun using a motor grader to open streets in Ganta in preparation to claim the seat in the pending election.