11.07.2016 Feature Article

The Forgotten Article 90 A,B &C. Of The Liberian Constitution!!!!!

...Should We Call It Only Written On Paper And Not Applicable In The Governance System?
The Forgotten Article 90 A,B &C. Of The Liberian Constitution!!!!!
11.07.2016 LISTEN

As provided for in the Liberian Constitution with provision under Article 90 C which indicates that there must be a working instrument in guiding the process especially within the Executive branch working with specific reference to appointees of the Chief Executive civil servants across the working class within (Liberia).

Said instrument demanded by Article 90 C of the Liberian constitution give birth to by the Unity party led government what was crafted by the Executive branch of the Liberian governance system called a National Code of Conduct for all public officials and employees of government.

Accordingly, chapter XI under Miscellaneous in Article 90 in which the Constitution frown any person or group of persons stating that a)no person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest. And b)no person holding office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by Government.

Then c) states that the Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof.

With decades of delay by successes governments since the coming into being of the 1847 up to the 1986 revise edition of the Constitution no regime has got the impetus to put in place this Code of Conduct until the ushering in of this Unity Party led regime that find it expedient!

With the Code of Conduct in place, under this regime and with some keys actors within the presence regime abiding by its articles specifically those of them with political interest has bow out of the government which shows some signs of good governance as prescribed in the acts!

Notwithstanding, the tough talking Senior Senator of the central province of Liberia Bong County appears on the Truth breakfast show a local morning show on Truth FM 96.1 indicated that she was taken a backed when in the just ended Unity Party convention held in Bong County some officials of ruling Unity Party were vying for positions!

In the Code of Conduct part V under Political participation 5.2 states that wherein any person in the category stated in section5.1herein desires to canvass or contest for an elective public position, the following shall apply;

  1. Any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President pursuant to article 56(a) of the constitution and managing Director appointed by a Board of Directors, who desires to contest for public elective office shall resign said post at least two years prior to the date of such public elections;
  2. Any other officials appointed by the President who holds a tenured position and desires to contest for public elective office shall resign said post three year prior to the date of such public election; and
  3. However, in the case of impeachment, death, resignation or disability of an elected official, any officials listed above, desirous of canvassing or contesting to fill such position must resign said position within thirty days following the declaration by the national Elections Commission of the vacancy.

The argument puffer by Senator Taylor coming from the back drop of the ruling establishment was very much instrumental in crafting this code of conduct to safe guide Liberia’s enfant democracy but the very officials are bridging in person of Information Minister Lenn Eugene Nagbe who vying was for Secretary general position at the convention while he still served as Minister contrary to the Code of conduct!

Narrating further, the Bong County iron Lady states that she was following the process in Bong with eager eyes especially with the standard bearer of the ruling party in attendance at the convention and seem these officials violating the code of conduct were her concern!

Senator Taylor, said that with this fragrant violation of the act that officials of government out to uphold especially emanating from the Executive branch and officials within the Executive refusing to uphold same was troubling!

She said that what if officials of the Congress of Democracy Change or other parties take the same rout as done by the Unity party government officials what will the respond be like from the ruling establishment and the public?

Political pundits are asking, what’s the essence of the Code of conduct when people within this new political dispensation don’t want to ahead to an instrument such as the Code of Conduct which is a very good recipe for good governance in a Country that corruption, nepotism, tribalism etc has taken over its governance system?

The author is a Liberian broadcast journalist and writer and can be reach @ +231776590725/+231886224134 E-mail: [email protected]

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