Monrovia – Cllr. Arthur T. Johnson has requested the Supreme Court of the Republic of Liberia to determine the constitutionality of the Appointments of Mrs. Teplah Reeves and Mrs. Davidetta Browne-Lasannah as Co-Chairperson and Chairperson, respectively, and declared the appointment of the presidential nominees and confirmation hearings presently being conducted by the Liberian senate as unconstitutional.
In his petition obtained by The People News, Cllr. Johnson saId, “the appointments of these Presidential Appointees, though they are qualified women competent for leadership positions in this nation, but their present positions at the National Elections Commission (NEC) cannot allow them to be re-appointed in the very and same Commission as Co-Chairperson and Chairperson, respectively while serving their seven(7) year tenure because such appointments constitute effective removal and in violation of the tenure requirement of the National Elections Commission (NEC) Law and the Constitution of Liberia , specifically Articles 54 , 55, and 56, and all state who the President of Liberia can appoint and remove at his will and pleasure. Chapter X, Article 89 of the Constitution of Liberia gives the President of Liberia the appointment powers to nominate commissioners of NEC , but not the “ will and pleasure” powers that are enumerated in Articles 54, 55,and 56 of the Constitution of Liberia.
He added, “the Constitution of Liberia is an organism and calls for its autonomy. In substance , any part of the Constitution is a living organism that must be treated as a living creature, and any act of violation is an attempt to kill that structure of law which is the basic foundation of our existence as a nation. It is against this back ground of our civic religion (the Constitution) that this Honorable Supreme Court and Your Honours who are the terminal guardians and custodians of our rule of law to sanction, correct, and prohibit the Executive and the legislature, particularly the Liberian Senate, from engaging in these egregious acts of striking the component of our Constitution”.
Because the appointments and confirmation hearings of the Mrs. Teplah Reeves and Mrs. Davidetta Browne-Lasannah as Co- Chairperson and Chairperson, respectively of NEC are in violation of the Statutory Law ( Act creating the National Elections Law of Liberia) and the Constitution of Liberia and if this Honourable Court fails to determine said constitutionality of the appointments and confirmation hearings of the two NEC officials, the actions of the Respondents, is to say both the Liberian Senate and the Executive, will undermine the independence of NEC and render the sacred Senate confirmation proceedings defined by the Constitution of Liberia as symbolic and cosmetic with no actual and functional effect as was determined by the framers of the Constitution of Liberia, Cllr. Johnson warns.
Therefore, Cllr. Johnson prays the Honorable Chief Justice and the Associate Justices and the Honorable Supreme Court of Liberia to determine the constitutionality of the appointments and confirmation hearings of the Presidential appointees in question as unconstitutional, and prohibit, refrain, and restrain such acts of the Respondents and rule against the Respondents, refraining, prohibiting, enjoining, and restraining the Respondents from carrying on any act or acts seeking to appoint and confirm them, and grant all other reliefs that are legal and right.