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THURSDAY, FEBRUARY 27, 2014

GETTING READY

Letter

SUPREME COURTS HOLDING OF CONTEMPT AGAINST JUSTICE MINISTER UNCONSTITUTIONAL

CHRISTIANA TAHS SUSPENSION

pg 4

CENTRAL BANK OF LIBERIA

MARKET BUYING AND SELLING RATES LIBERIAN DOLLARS PER US DOLLAR

BUYING

SELLING L$82.00/US$1 L$84.00/US$1 L$84.00/US$1

WEDNESDAY, FEBRUARY 19, 2014 TUESDAY, FEBRUARY 25, 2014 WEDNESDAY, FEBRUARY 26, 2014

L$81.00/US$1 L$83.00/US$1 L$83.00/US$1

These are indicative rates based on results of daily surveys of the foreign exchange market in Monrovia and its environs. The rates are collected from the Forex Bureaux and the commercials banks. The rates are not set by the Central Bank of Liberia.
Source: Research, Policy and Planning Department, Central Bank Liberia, Monrovia, Liberia

VOL 8 NO.543

HARDSHIP LOOMS FOR LTA WORKERS

Today, posted on LTA bulletin is a message from the Director of Administration citing the President freeze on LTAs account as beyond their control hence due salaries and benefits cannot be paid. This is very troubling as LTA employees were neither aware nor involved in the decisions of executive management to lease the new building. Concerned LTA Employees, in a communication to FrontPageAfrica

CONCERNED EMPLOYEES SAY FREEZING OF ACCOUNT CAUSING SERIOUS PROBLEMS

PRICE L$40

CORRUPTION WATCH pg. 5

See PG 2

Page 2 | Frontpage

Thursday, February 27, 2014

H
Monrovia-

enry Costa, the talk radio host who has built a reputation for getting under the skin of political players in Liberia, had his show, The Henry Costa Morning Show abruptly cut off the air Wednesday after challenging the head of the National Security Agency(NSA) Fombah Sirleaf, who is also the stepson of President Ellen Johnson-Sirleaf, to a duel on Broad Street on Friday, February 28 at 4PM, in order to afford the NSA boss the opportunity to make good on several threats, Costa says, had been made toward him through intermediaries. This is when I challenged him(Fombah) to a duel on Broad Street on Friday 4PM in order to afford him the opportunity to make good his threat. This was when we got cut off the air while we were talking unbeknownst to us by directive the station of the station manager. Fombah confirmed to FrontPageAfrica Wednesday that he was in the process of filing a case against the Talk Show host at the Ministry of Justice. The Liberian governments chief spokesman, Information Lewis Brown also confirmed to FPA that he was processing the communication from the NSA boss. Costa told FrontPageAfrica Wednesday that about two months ago, he received a telephone call from Mr. Benoni Urey, head of the LoneStar Cell/MTN demanding to see him urgently at his Congo Town office. Alarmed by Ureys tone, Costa says he drove directly to see what the call was all about. When I got there, he(Urey) informed me that Fombah Sirleaf had just called him in an angry tone, ranting that he was going to find me to physically fight me because according to me I am disparaging him for nothing. Heres the background to the matter. Wendell McIntosh of ADA/LAP who ran the Libyan funded rice project in Foya, Lofa County, with Fomba Sirleaf as an associate of some sort, had informed me that his potential partners who were visiting the country were being harassed by either Fombah or his close henchmen. Therefore, I

Costa says Mr. Urey pleaded with him to avoid any confrontation with Fombah, a plea to which he says, he consented to. Nevertheless, Costa says Fombah had also called and ranted to other people in government about him, Minister Amara Konneh included. On Monday, Hon. Acarous Gray met and told me that Fombah had said the same thing to him. The show has been cut off the air at least five times since launching in May 2012. Listeners tuned in to the hit early morning show Monday were shocked to learn that the show had been abruptly cut off the air. The ordering by the President son, Mr. Fomba Sirleaf to shut down the Costa Morning Show this morning was a gross violation of freedom of speech and freedom of the press. This kind of action is very worrying, says Joseph Blake, a regular listener to the show. Woods Nyanton, the shows co-host agrees. I am seriously disappointed with the intimidation, injustice, inducement, and prejudice spreading by the day across Liberia. Why would an external factor deeply rooted in government have so much control to remote-control independent entities? Is it a taboo to talk openly about nepotism, actions of threat and safety? But amidst all of what is going on we remain ever resolute and the "Costa Show" conducted by Henry Costa and Woods Nyanton will not be stopped! We will go forth. Continued Nyanton: If this Government knew it was decided to contact Mr. Sirleaf to ascertain the veracity never committed to upholding an open media, they of this information. I called his cell number and it rang should not have signed into law the Table mountain without answer, so I sent him a text message requesting Declaration or the freedom of Information act.... But a wolf in sheep clothing is on the throne so we are an audience, but he also did not reply. Interestingly though, Costa said, Fombah chose to rain susceptible to being robbed out of democracy. insults at him in several phone calls and text messages It is unclear how long the show will remain off the to Wendell McIntosh. In one of them which McIntosh air but Costa told FrontPageAfrica Thursday it is all forwarded to me, he accused me of being in the practice up to the management. I am open to returning to the airwaves, perhaps Monday. of soliciting fees to disparage or attack people.

Hott FM 107.9 Abruptly Shuts down after radio morning show host invites Presidents son to battle on Broad Street, NSA boss states intent to file complaint to Ministry of Justice

FrontPage COMMENTARY EDITORIAL THE LEGISLATURE MUST BE

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Thursday, February 27, 2014

Frontpage

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Commentary

DR. SAWYER IS RIGHT, LEGISLATURE MUST PUT IMPORTANCE TO THE CODE OFCONDUCT BILL
APPEARING BEFORE the National Legislature this week, Dr. Amos Claudius Sawyer, head of the Governance Commission hit the nail on the head of lawmakers when he reminded them of several nagging issues holding the passage of the crucial Code of Conduct bill which has been lingering in parliament for several years now. THE ISSUE OF GRATUITY, according to the Governance Commission chair is perhaps of several burning issues holding the key to the bills passage but probably the most difficult due to the enormous interests lawmakers attach to the passage. SAID DR. SAWYER: One such issue has to do with gifts customarily made to Members of the Legislature; another has to do with unfair advantage supposedly enjoyed by members of the Executive Branch of Government and Autonomous Agencies such as the Central Bank who might contemplate contesting political office. A further issue has to do with incentives allegedly expected, if not demanded, by the Legislators to ensure favorable consideration of bills. IN THE PAST few years, the national legislature has been viewed in the eyes of many Liberians as one of the most corrupt areas of government. ALLEGATIONS OF BRIBERY or cold water for confirmation passage has been dogging the body easily prompting many Liberians to lose trust in the system and those they elected to seek their interests. JUST LAST WEEK, eyebrows were raised when Senators made a 360-turn around to confirm Angelique Weeks, the embattled head of the Liberia Telecommunications Authority(LTA), whom the same body had rejected, seven days earlier because she was in violation of regulations of the Public Procurement Concessions Commission(PPCC). THE CONTROVERSY SURFACED after Weeks signed a controversial lease agreement with a Chinese Landlord for which the LTA had committed the government of Liberia to pay US$1.1 million over a three-year period. In the lease agreement, the LTA agreed to pay US$385,000.00 (Three Hundred Eighty Five Thousand United States Dollars) per year, with a three-year upfront payment to a Chinese Landlord totaling US$1,155,000.00 (ONE MILLION, ONE HUNDRED FIFTY FIVE THOUSAND UNITED STATES DOLLARS). In fact, further investigation by FrontPageAfrica uncovered that the LTA entered into a separate contract to cover cosmetics and maintenance of the building for the duration of the contract. THE LTA entered into the contract against objections from both the PPCC and the Ministry of Justice which raised concerns about the deal. The PPCC recommended that that LTA explore several options including the possibility of purchasing a piece of land to construct its own building from scratch or refurbish an existing government property. AT LEAST ONE LAWMAKER, Senator Nyonblee KarngaLawrence(Liberty Party, Grand Bassa) separated herself from the bunch when she suspected foul play. In my opinion, the integrity of the senate has been compromised, because there were sufficient evidences to indict madam weeks off misappropriation, serious credibility issue!! and two days after the rejection the committee on public utility had recommended an audit of Weeks' administration, after a public hearing. On what Basis was she confirmed?, the Senator declared. IN THE LOWER HOUSE, a scathing scandal erupted when Representative Edward Forh (CDC-district#16 Montserrado County) was caught on tape discussing how to steal funds from the County Development kitty. THIS IS WHY we agree with Dr. Sawyer that the Code of Conduct legislation is not panacea for addressing all issues of ethical values in our system of government, but does provide a tool for initially determining what is permissible, what is prohibited and what is required of the behavior of public officials across the board including the Legislature. WE ARE EXTREMELY gratified that Dr. Sawyer brought up the issue of Clemenceau Urey, the former chairman of the Board of the National Oil Company of Liberia (NOCAL) when he appeared before a house committee to declare that under his watch, several thousands of United States Dollars were demanded from NOCAL

CODE RED

APPLAUDED FOR THIS NEW ANTI-CORRUPTION LAW VIZ THE CBL

Dortu-Siboe Doe, dortusiboedoe@yahoo.com, Contributing Writer
(Article 103 etc. etc. of the U.N.Charter); even against States not members of the organization---THE U.N.!! (4) Mr. Editor, these so calld Jones proxies seem to be stabbing for the truth in the dark, and hence, disseminating misleading information when they wrongly claim that the new law "targets Mill Jones"; whereas Mills name -not mentioned in the new lawis simply an individual a person who would be long gone as the Central Bank goes on through eternity as the nation. (5) One wonders why Mr. Gongloe, Jones proxies etc. etc. have not also said that the law targets those persons serving as members of the Board of Governors when: (6) excerpts of the new law reads infra: The Executive Governor of the Central Bank of Liberia and members of the Board of Governors are prohibited from contesting political office(s) while serving in their respective offices and shall not be qualified to contest any elected office within three years consecutively after the expiration of their tenure with the CBL. (5) Now, before reminding these Mill Jones proxies of their flawed and strange suggestion that the Nation condones and give credence to this dangerous seed intended to be planted by the current governor of the Central Bank- Mill Jones mal-administrative practice, that "they can organize and formulate a unified winning strategy to defeat Mr.Jones, we like to remind them of the fact that this anti-corruption law enacted by the Legislature in no way targets Mill Jones when Mill Jones (or whoever governor other than Mill) could be thrown out of the very bank tomorrow? Accordingly, instead of decrying this anti-corruption law, Mill Jones, Tiawen Gongloe, and the Court, should applaud the national legislature for such farsightedness and heroism in the war against corruption!
far better, ethical, legal and democratic way of addressing concerns regarding unfair electoral advantages. WE SHARE DR. Sawyers disappointment that despite endless debates and extended sessions involving issues pertaining to contracts and concessions, lawmakers have not prioritize the passage of the bill. IT IS OUR belief that a Code of Conduct Bill is the single most important piece of legislation that the post-war legislature could ever attach seriousness to. It will help to eradicate or at least curb the level of corruption hurting Liberias development and put us on a path to economic reconstruction. MAY WE REMIND our lawmakers, that thirteen former officials of the Tolbert era were executed as a result of some of the very vices, still being exercised today. MAY WE remind our lawmakers that Liberia is all we have. We can either choose to work together as a people to make it whole again or decide to forget our rugged and painful past in our continued flirtation with the ills that led this nation to war.

et the word go forth from this time and place that: instead of decrying this anti-corruption law, Mill Jones, Tiawen Gongloe, and the Court, should applaud the national legislature for such farsightedness and heroism in the war against corruption! That is, in other articulations: 1) Mill Jones-the current Governor of The Central Bank of Liberia ulterior, and selfish political motive was about to plant an extremely corrupt and dangerous political problem if the National Legislature did not swiftly enact the new law! Hence, rather than Mill Jones and his proxies boring the nation with their crocodile cries, they should be applauding the National Legislature, for acting very swiftly in uprooting and incinerating such dangerous seed of corruption, and for its (the national legislatures) preservation of national democratic political sanity. That is; (2) considering the nature and straddling strategicity of the Central Bank of Liberia or that of any sovereign nations Federal Reserve or Central or National Bank, Mill Jones and his proxies including Cllr. Tiawen Gongloe are fundamentally wrong to equate the status of a sovereign nations central bank with ordinary banks or other public corporations (LPMC, Maritime Commission, LPRC or national parastatals) which can no way be as nerve-heart-beating or strategic as the CBL (counterpart of the U.S.Federal Reserve) which is headed by a Governor and not a mere manager, managing director or commissioner as the head of an ordinary bank, LPRC, LPMC, or Maritime Bureau. (3) that is, their (Mill Jones, Gongloe, etc.etc.) negative views viz the enactment of this anti-corruption law is like equating the U.N.S status with the status of some other international organization, when, unlike other international organizations, the U.N., though not a state, has powers (viz the doctrine of implied powers) ascending above and beyond States sovereignty
v

by certain members of the Legislature as incentives for the passage of certain bills having to do with the business of NOCAL. This was a startling revelation and should claim the attention of this body as well as the LACC. We of the Governance Commission are in the process of sending a letter to the LACC urging prompt investigation of this allegation. It is difficult to ignore such allegation when it comes from such an authoritative source, noted Dr. Sawyer. DR. SAWYER ALSO took issue with the lightning speed at which a Bill amending the Act Establishing the Central Bank of Liberia sailed through both houses of the national legislature. This development has sparked concerns in many quarters: financial, legal, political as well as among ordinary citizens. To many, aspects of the Bill seem reminiscent of the Mandela Laws of the Apartheid era in South Africa, where laws of exclusion and discrimination were individually targeted to control the actions of a single individual, in that case Nelson Mandela. Such laws are typically designed to be retroactive in their effects. They also carry grave implications for the functioning of governance institutions and for creating uncertainties for office holders even after the expiration of their tenures. In my view, the passage of the Code of Conduct with provisions of general applicability is a

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Thursday, February 27, 2014

CHRISTIANA TAHS SUSPENSION

COMMENTS FROM FPA ONLINE

LIBERIA 'COLD WATER BUNCH' STRIKES AGAIN-REJECTED BUT CONFIRMED
SARR ABDULAI VANDI WASHINGTON, DISTRICT OF COLUMBIA Angeligue WEEKS' tenure at the LTA has been characterized by various acts of financial recklessness and misconduct, and far-reaching irregularities; and comprehensive telecoms sector incompetence. Correspondingly, Liberians must take note that the only language this wicked president and crooked plutocrat understands is massive opposition and uprising against her arrogant abuse of power and the public trust. We must follow the Maghreb example, and the ongoing demo in the Ukraine. The Madame and her "zama zamas" are in for a rude awakening! As for the useless legislators, and particularly the so-called senior senators who are wielding power in the senate must all be voted out in the pending midterm November 2014 elections. They are most responsible for legalizing bribery and normalizing corruption in the Republic. JAY WION WORKS AT NPRC Liberians have themselves to blame if we don't act now by staging protests and calling for the resignation of Ellen and the entire corrupt govt. The citizens in UKRAINE just drove their corrupt president out of power, and we in Liberia can do the same. This is the message the US Ambassador to Liberia delivered this week in Monrovia. Ellen is not crazy to order her security forces to shoot at peaceful protesters. She could find herself joining Charles Taylor in prison. There could be no better time to end the corrupt and criminal regime of Ellen. We call on opposition political parties, students, teachers, civil society leaders, religious leaders, market women, the unemployed, and others to join now the healthcare workers and start a revolution.. The USA will support our protests because President Obama continues to speak out against the corruption in the govt in Liberia. By next week, Monrovia will be blanketed with documents from the US Justice Department detailing how millions of dollars of our money is spent on US law firms here in DC for public relations purposes. These documents will include Obama's yearly warning to the US Congress on the secreting of Liberian money and the depletion of Liberian resources. Coming to your email soon and in the streets of Monrovia from me, and most of the money from our maritime program. ALTON V. KESSELLY UNIVERSITY OF CAPE TOWN This act of rejecting a presidential appointee and then confirming such appointee after some wheeling and dealing is the well known stock-intrade of our callous and self serving senators. What is surprising is for FrontPageAfrica or anyone who has keenly followed the antecedents of our callous senators to have expected a different result. You just can't teach old dogs new tricks. Anyway, very soon, the Liberian people will again have another golden opportunity of making 50% of those self serving and callous bunch jobless. NYEMADE WANI AVERAGE JOE AT POWER TO THE PEOPLE It is ironic that he US ambassador will talk about corruption when Liberia is the most corrupt nation, bar none. I have given up on this country and 2017 will be the same if we do not kick Clarice Jah, Ballout and the others out of the Senate. Liberians keep saying we have peace but at what price. Where is the peace if we cannot find food to eat. We should and must take to the streets, Liberia is in disarray. This Weeks woman should be ashamed of herself. She and that Burphy who came running back to Liberia are dangerous people. This government is rotten to the core. The funny thing is I said that this woman was going to be confirmed because the Senate did not learn its lesson with Kilby. Liberia is in the garbage heap with all these Harvard Educated crooks. BOKAI PAGII STANFORD UNIVERSITY From the first appointment in her first term, this president has ascribed to the principle of bribery to accomplish her objectives. The Senators and representatives literally cowed in her presence and are therefore manipulated like puppies wanting food. Ellen the master manipulator has no feeling for Liberia and it citizenry, as her only intension is to loot the country and set it up for implosion in 2017.Personally; I think that she is an evil entity that has a spell on the people of this country. The corruption problem is a part of Ellen Johnson Sirleaf being and shall haunt us for many generations to come. BENJAMEN QUAYE UNIVERSITY OF LIBERIA We may just be better of under military rule. At least we will expect political malfeasance and organized state theft. And if we should experience a political short-circuit, I will not moan for my country given what we are getting from this crowd. An estimated 250 thousand of our countrymen were sent to their early graves for nothing. No lessons learned!

The Editor,

SUPREME COURTS HOLDING OF CONTEMPT AGAINST JUSTICE MINISTER UNCONSTITUTIONAL

ecently, attorney Kate Chang wrote an article in response to the contempt charges levied by the Supreme Court of Liberia against Justice Minister Christiana Tah for the compassionate leave of Mr. Rodney Sieh. In essence, attorney Chang appears to be making the case that the Supreme Court is acting outside of its judicial powers and encroaching on the bounds of separation of powers as the statute in question specifically granted/vested sole authority to administer the rules and regulations concerning compassionate leave in the minister. I would like to make the following six salient points in response to said article by attorney Kate Chang pertaining to the aforementioned. 1) 34.20(1) of the Liberian Criminal Procedure Code states the following: 1) The Minister of Justice shall formulate rules or regulations governing compassionate leave from institutions and, in accordance with such rules and regulations, may permit any prisoner to leave his institution for short periods of time, either by himself or in the custody of an officer, to visit a close relative who is seriously ill, to attend the funeral of a close relative, to return to his home during what appears to be his own last illness, or to return to his home for other compelling reasons which strongly appeal to compassion. The rules or regulations shall provide for the manner in which compassionate leave shall be granted, for its duration, and for the custody, transportation, and care of the prisoner during his leave. They shall also provide for the manner in which the expense connected with such leave shall be borne, and may allow the prisoner, or anyone in his behalf, to reimburse the State for such expense. (emphasis added) The Constitution of the Republic of Liberia, Chapter III, Article 11(c) and Article 20 (a) respectively state that [a]ll persons are equal before the law and are therefore entitled to the equal protection of the law and [n]o person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. (emphasis added). Furthermore, the Constitution of the Republic of Liberia Chapter III, Article 21 (d)states that [e]xcessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted. (emphasis added). Generally-speaking, a high court usually and/or customarily affirms with and agrees with the legal tenet that the bar of a citizens constitutional rights should be the ceiling, i.e., the more rights and freedoms granted/afforded the citizen, the more in conformity such action is within the metes and bounds of the constitution. Thus, the fact that Mr. Sieh was granted compassionate leave as opposed to denied compassionate leave would be considered an expansion of his constitutional rights as opposed to a restriction of same. Moreover, said compassionate leave is consistent with and in conformity with the exhaustion of due process and equal protection for all citizens as guaranteed under the Constitution of Liberia. 2) While the plain language of 34.20(1) and legislative intent appears to have exclusively granted the minister the right to establish administrative rules and regulations including granting or refusal to grant compassionate leave, in carrying out said duties, it is not unheard of that the ministers actions still be subjected to judicial oversight and review but such intervention is usually/typically in instances to ensure equal protection and due process for the citizen as opposed to stepping in and rendering a holding which effectively restricts and limits the constitutional rights of the citizen. However, as it does not appear to be the case that 34.20(1) or any other rule, law or statute granted any authority to the Supreme Court to make a final determination as to whether or not a particular citizen should be granted compassionate leave or not, the Supreme Court of Liberia should be relegated to its more typical role, i.e., judicial oversight and review of purportedly unjustly applied laws and/or unconstitutional application of the law. That is, the Supreme Court of Liberia ought to only intervene in such cases where for example there is an issue of arbitrary application of the law and/or uneven application of the law which has the propensity to negatively impact due process and equal protection (i.e., a reduction of constitutional rights (race to the floor) as opposed to an expansion of constitutional rights (race to the ceiling). 3) I Liberian Code of Law Revised, Subchapter C 44.71(2)(e), Subchapter C 44.71(2) (e), provides: 44.71. Methods of enforcement. 2. Judgments enforceable by imprisonment if execution not satisfied. Judgments in any of the following actions shall be enforceable by execution, but if the judgment debtor cannot or will not pay the full amount of the judgment together with interest and costs, the sheriff shall arrest him and the court shall order him imprisoned for a period sufficiently long to liquidate the full amount of the judgment, interest, and costs at the rate of twenty-five dollars per month: (a) Adultery; (b) Seduction of wife or child; (c) Illegally taking away or harboring a wife or child or ward under twenty-one years of age; (d) Enticing an incompetent away from his legally appointed trustee or guardian; or (e) Injury to the reputation when the words spoken or written are actionable per se. (emphasis added). This seemingly archaic civil law statute effectively allows the potential long-term imprisonment as punishment for failure to satisfy a monetary judgment. In theory such monetary judgment has the potential to impose imprisonment-in-perpetuity and/or until death if one cannot not satisfy the judgment. Although imprisonment in civil cases may

be imposed for failure to pay monies such as sometimes in child support cases for example in the USA, imprisonment is often much more associated with criminal proceedings as most/many debtor courts have become relics of the past. Thus, although the Sieh case was that of civil proceedings, one can proffer a strong argument that the highly probable long-term imprisonment of Sieh (as it does not appear that he had sufficient assets to satisfy the judgment) morphed into and became tantamount to and/or equivalent to a criminal punishment. In my opinion, because of the above, Minister Tah was well within her rights to make a determination as to whether or not to grant compassionate leave of Mr. Sieh under 34.20(1) of the Liberian Criminal Procedure Code. Based on the aforementioned set of circumstances, in keeping with its more cherished /critical/ fundamental role as guardians of equal protection and due process for all, the Supreme Court of Liberia should not have held the minister in contempt of the Court. 4) Moreover, though not a perfect argument (no argument ever really is to some extent), I am generally in agreement with attorney Chang that [t]he Supreme Court lacks jurisdiction to punish the Minister of Justice for contempt in a matter independent of any actual proceeding before it. Siehs petition to the Minister, as a representative of the Executive, was extrajudicial to the extent that it was made independent from an active legal proceeding before the court. In the same vein, the Ministers concession of leave was not as an adjunct of the Judiciary but as an autonomous agent of the Executive, outside the purview of the courts even if relating to an issue which arose out of an act of the Judiciary. The only caveat I would add is that even said so-called extrajudicial proceedings are still subject to the overall review of the Supreme Court primarily for purposes of ensuring equal protection and due process. 5) Furthermore, in my humble opinion, the Supreme Courts holding of contempt against Minister Tah is unconstitutional as it has no basis in law for rendering its holding of contempt especially when viewed within the larger and more fundamental context/prism that the Ministers action actually expanded the civil and constitutional rights (equal protection and due process) of Mr. Sieh as opposed to restricting it. Potentially holding Mr. Sieh in prison for possibly for the duration of his natural life for failure to satisfy a monetary judgment is both cruel and unjust. None of the amicus briefs submitted in the relevant contempt hearing proceedings negates the fact that Minister Tahs compassionate leave of Mr. Sieh is in conformity with the most important tenet/principle of the Constitution of the Republic of Liberia, i.e. securing equal protection and due process of the citizen including a respite from the application of cruel and unjustly harsh laws, inhumane treatment and freedom of expression . 6) Instead of being preoccupied with and laser-focused on levying contempt charges against Justice Minister Tah, acting on its own volition, i.e. sua sponte, the Supreme Court of Liberia was duty-bound to address the inherent (implied) and explicit unconstitutionality of I Liberian Code of Law Revised, Subchapter C 44.71(2)(e), especially in view of Liberias sordid history of political subjugation, intimidation and marginalization, repression of freedom of the press and the endemic abuse of powers and lack of transparency and accountability by those in positions of authority and public trust. Like the Supreme Court of Liberia in a ruling concerning an appellant-defendant seeking release from prison after his failure to satisfy a judgment debt warning [c] ounselors of the Supreme Court not to use the Court system as a tool of manipulation to frustrate the rights of parties litigants and thereby render the entire system ineffective thereby bringing it to disrepute and Supreme Court ended its ruling by imposing a fine of L$2,500.00 on counsel for the appellant , the current Supreme Court of Liberia in the Toe v. Front Page Africa likewise missed a golden opportunity to substantively address the inherent (implied) and explicit unconstitutionality of I Liberian Code of Law Revised, Subchapter C 44.71(2)(e). The Courts failure to address the aforementioned more critical and fundamental issues effectively perpetuates the possibility that said relevant statute will be further utilized to unjustly silence and intimidate members of the press, political opposition and commentators including the general public. Even still, these archaic civil laws/statutes with the potential to impose imprisonment-for-perpetuity and/ or until death, must be done away with by the legislative body in Liberia to prevent civil monetary penalties from transforming into the realm of criminal punishment, i.e., potentially long-term imprisonment. Should the legislative body in Liberia fail to remedy this situation, it will undoubtedly repeat itself as some will seek to harass and intimidate the press, political opponents and commentators including the ordinary citizen seeking to expose improprieties, corruption and the misrule-of law and lack of transparency and accountability, into silence and oblivion by bringing more civil lawsuits asserting injury to reputation or even adultery or seduction of child or wife with the ultimate goal of securing the long-term imprisonment for failure to satisfy huge monetary judgments. Brief Bio The author, Dr. Harven V. DeShield, Esq., is an intellectual property attorney who resides and works in Chicago, Illinois. The scope of his legal practice encompasses litigation and counseling encompassing pharmaceutical, biomedical, chemical and life sciences. Dr. DeShield received a Ph. D. in Biochemistry, a Master of Science in Biological Sciences and a Juris Doctor (equivalent to a Bachelor of Law degree) with a concentration in intellectual property and technology law from the State University of New York at Buffalo. He received his B.S. degree, with honors, from Appalachian State University in Boone, North Carolina. He is currently employed with Rackozy Molino Mazzochi Siwik, LLP. Disclaimer The opinions and analysis expressed in this article are solely the views of Dr. Harven V. DeShield, Esq. and does not reflect the views and opinions of anyone else or any other entity including Rackozy Molino Mazzochi Siwik, LLP. The statements, views, and opinions are not endorsed by, nor do they reflect, the opinions of anyone else or any other entity including Rackozy Molino Mazzochi Siwik, LLP. All of the information herein has not been fully verified and is not guaranteed to be completely accurate. The content of the article is for purposes of general information and does not constitute legal or financial advice and nor is it intended as a substitute for or to supplement adequate legal representation. There is no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents of this article. February 2014, all rights reserved

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Thursday, February 27, 2014

CONCERNED EMPLOYEES SAY FREEZING OF ACCOUNT CAUSING SERIOUS PROBLEMS

PAGE RONT

CORRUPTION WATCH

Frontpage

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E
Monrovia -

mployees at the Liberia

Telecommunications Authority say the freeze imposed on the regulators of the sector in Liberia is causing undue hardship for them with many on the verge of defaulting on bank loans. We would like you to bring to the attention of Her Excellency E.J. Sirleaf that her freeze on the Authoritys account is posing serious and undue hardship on LTA employees, some employees stated in an email statement sent to FrontPageAfrica Wednesday. On Wednesday, the LTA posted on its bulletin a message from the Director of Administration citing the President freeze on LTAs account as beyond their control hence due salaries

and benefits cannot be paid. This is very troubling as LTA employees were neither aware nor involved in the decisions of executive management to lease the new building, the employees said. Against the advice of the Public Procurement Concessions Commission(PPCC), the LTA Chair Angelique Weeks signed a controversial lease agreement with a Chinese Landlord for which the LTA had committed the government of Liberia to pay US$1.1 million over a three-year period. In the lease agreement, the LTA agreed to pay US$385,000.00 (Three Hundred Eighty Five Thousand United States Dollars) per year, with a three-year upfront payment to a Chinese Landlord totaling US$1,155,000.00 (ONE MILLION, ONE HUNDRED FIFTY FIVE THOUSAND UNITED STATES DOLLARS). In

fact, further investigation by FrontPageAfrica uncovered that the LTA entered into a separate contract to cover cosmetics and maintenance of the building for the duration of the contract. The PPCC recommended that that LTA explore several options including the possibility of purchasing a piece of land to construct its own building from scratch or refurbish an existing government property. FrontPageAfrica has now learnt that the Ministry of Justice and the Ministry of Finance have

HARDSHIP LOOMS FOR LTA WORKERS

by the Senate but survived a miraculous 360-turn to secure nomination. Senator Nyonblee Karnga-Lawrence(Liberty Party, Grand Bassa) separated herself from the bunch when she suspected foul play. In my opinion, the integrity of the senate has been compromised, because there were sufficient evidences to indict madam weeks off misappropriation, serious credibility issue!! and two days after the rejection the committee on public utility had recommended an audit of Weeks' administration, after a outcome of the investigation ordinary employees at the LTA should not face similar fate. These employees have been constrained to work at a new location causing additional transportation cost for most and longer travel time especially for those living in communities across the St. Paul Bridge. Moreover, the statement said, most of LTA employees are indebted to local banks and have their loan payments automatically deducted from their salaries on the 26th of each month (which is LTA pay day).

Today, posted on LTA bulletin is a message from the Director of Administration citing the President freeze on LTAs account as beyond their control hence due salaries and benefits cannot be paid. This is very troubling as LTA employees were neither aware nor involved in the decisions of executive management to lease the new building. Concerned LTA Employees, in a communication to FrontPageAfrica
been working with the LTA to draft a new lease agreement for one year during which the agency will aggressively look to refurbish an existing government building. President Ellen Johnson-Sirleaf ordered the LTAs account frozen on February 4, 2014. Weeks was initially rejected public hearing. On what Basis was she confirmed?, the Senator declared. On Wednesday, the workers said it is unfair for them to be punished for the misdeeds of their bosses. If the president has decided not to pay her appointees their $12 K & $10 K salaries pending the As a result, these employees now fear their accounts will be automatically placed in overdraft depleting whatever little resources they may have in their respective accounts as well as the imposition of higher interest rate. Many LTA employees are also concerned they will be unable to meet

W
Monrovia-

eek after his arrest and detention at the Monrovia Central Prison, Police officer Mamadee Kelleh charged with theft of property now admitted to bail, Tuesday made his first court appearance at the Monrovia City Court and pleaded not guilty to the charges. Defendant Kelleh who prior to his arrest served as LNP Chief of Operations at Depot #1 in the Freeport area according to court record is accused of robbing a Chinese business woman identified as Lilly Lee of US$ 10,000 on January 30, 2014 in the JJY Community in the Gardnersville area. Complaint Lilly Lee had said at the time of her complaint to the court that she knew the police officer through her brother (name withheld) who is out of the country. She said the said brother told her to contact the officer in case of any assistance she may need in her business transaction in the country. Lee said that on January 30, 2014, based on her friendship with the police officer she decided to instruct him while they were at her 9th Street Residence to receive the US$10,000 from her business partner in the Freeport area and give US$2,000 to another business partner since she was unable to go there

GUILTY OR NOT GUILTY

POLICE OFFICER GOES ON TRIAL FOR US$10,000 THEFT
Kennedy L. Yangian kennedylyangian@frontpageafricaonline.com 077296781
the presiding Magistrate James Dudu Tuesday, lawyers representing the defendant asked the court to dismiss the case because the transaction in which the defendant had been charged for theft of property did not take place within the jurisdiction of the Monrovia City Court. Cllr. J.D. Baryougar Jr. told the court that it could be unlawful for the Monrovia City Court to try the defendant when it lacks jurisdiction over the case. I want this case dismissed and be sent to the rightful court that has jurisdiction, said Baryougar. His request was challenged by state prosecutor Sam Solomon who told the court that the defendants lawyer was trying to mislead the court that the transaction in which the defendant is charged did occur within the jurisdiction of the Monrovia City Court and called on the court to deny Baryougars submission. The whole transaction was done right on 9th Street where the complaint lived and not any other area, said Solomon in his heated argument. In his ruling following the pros and cons of the counsels argument, presiding Magistrate Dudu ruled to deny the defendants motion and claimed that record before the court shows that the transaction of which the defendant is charged took place on 9th street which forms part of the jurisdiction of the Monrovia City Court. The Presiding Magistrate ruled the trial should begin immediately when the prosecution was asked to produce its first witness but defendant lawyer Baryougar, pleaded with the court for more time because he was sick and could not continue with the trial. Magistrate Dudu granted his request and announced Tuesday, March 4, 2014, as the date for the continuation of the trial. He said the prosecution first witness and complaint will be expected to take the stand on that day.

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LAW&ORDER

government deadline to have their vehicles insured due to the lack of income thus making it impossible for many to report to work as scheduled. Additionally, as with other government employees, they rely on their salaries to care for their family, pay domestic workers and most importantly transport themselves to work. The employees statement continued: Hence, We beseech you to bring this to the Presidents attention as we are no longer in the Charles Taylor era where government employees were unpaid and branded the most devoted civil servants. Personally, I am greatly disappointed that President Sirleaf did not insure government employees would not be affected by her decision to freeze LTAs account especially since these non-executive employees had no say in the decision to lease the new building. Meanwhile, other decision makers equally responsible such as Sebastian Muah and Benedict Sannoh who signed the stupid lease agreement are all entitled to their salaries and benefits while our families suffer due to their negligence.

because she had a guest. The Chinese national said to her uttermost surprise, when the officer received the money he allegedly diverted the money

into his personal use and claimed that the money was given to the wrong person, something she said could not be true. I am very surprised that this

police officer is a big criminal, I trusted him so much not knowing that he is a criminal said an angry Lee. In the course of the trial before

Page 6 | Frontpage

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NEWS EXTRA

Thursday, February 27, 2014

SIME DARBY CLARIFIES LEITIS VISIT

DEVIANT BEHAVIOR UP LAWMAKER

WANTS SAME SEX BLACKLISTED IN CODE OF CONDUCT

R
Monrovia-

Henry Karmo (0886522495) henrykarmo@gmail.com

GETTING READY L
Monroviaiberia has received another boost in the rebuilding efforts of a new national army with a donation of equipment valued US$4million by the Government of the Peoples Republic of China. Following years of training and the recent takeover of a Liberian Chief of Staff and other senior officers, the logistical aspect of the army is now being addressed through goodwill gestures from international partners including the Chinese Government. At the official turning over ceremony of the engineering equipment Wednesday, Chinese Ambassador to Liberia, H.E. Zhang Yue said the donation is in fulfillment of a protocol signed with the Government of Liberia. The above-mentioned team is going to arrive in Liberia in March, said Ambassador Yue. According to the Protocol signed between China and Liberia, Chinese Government not only has provided the Liberian side with engineering equipment gratis to the value of 4 million US dollars, but also will send an Engineering Experts Team to Liberia to work with the engineering personnel of AFL. The Chinese envoy disclosed that the donation of the equipment will be followed by the capacity building component of personnel of the AFL in the use of the equipment to enhance the contribution of the army to economic recovery. Ambassador Yue said: This turning-over is not only of the hardware, but of the capacity. And this will enhance AFL to contribute to Liberias social and economic recovery, and will raise AFLs profile in terms of civilmilitary relations. I believe, with our joint efforts, AFL will possess a new well-trained and well-equipped engineering company in the near future. A professional force Liberias Foreign Minister Augustine K. Ngafuan during the program said the new army is a force with professionals from diverse professions. He said just few days ago on Armed Forces Day a new Liberian chief of Staff Daniel Ziankhan took office and that Liberia is now marching into its responsibilities. This is a capacity of the new Army that we have, an army on peace mission in Mali and doing well. What we see in the Army are men, engineers, doctors, professors, so we no longer have a

-AFL GETS $ 4MILLION EQUIPMENT

quote on quote A dogo Army This is a strong Army. One of the things we are proud of, is what I call not a conflict of partnership but a complementarily of partnership. So we would like to congratulate the Peoples Republic of China for this donation to our Army. Public Works Minister Antoinette Weeks also said her ministry is thankful to the Chinese for the donation. We extend out thanks and appreciation to China for providing a much needed and timely donation of equipment. We also appreciate the collaboration of partnership between the Ministry of Public Works and the Ministry of Defense to collaborate and use the equipment. Defense Minister Brownie Samukai was also full of praises to the Chinese Government for the donation and promised to do everything to maintain the equipment and ensure that it is utilized for the purposes intended. We also want to say how pleased we are to know that this equipment comes with a training package and that the experts would be here in March, and it is to our understanding that the training will run for 24 weeks. We have been mandated by the President to work along with the Ministry of Public Works and the Ministry of Internal Affairs on strategic infrastructure interventions, particularly those areas that are desperately in need of rehabilitation during the difficult period of our rainy season. We will work very closely with the two ministries, in achieving the objective mandated by the President, said Minister Samukai. Minister Samukai further said he was very pleased with the presence of the Minister of Finance and that it has allowed him (Finance minister) to see firsthand the type and quantity of equipment that has been donated so that when the level of gasoline consumption comes, there wont be a problem. Under the leadership of Lt Gen. Ziankhan, Chief of Staff of the Armed Forces of Liberia, This mission and task would be accomplished fully. Internal Affairs Minister Morris Dukuly, proxy for President Ellen Johnson Sirleaf thanked the Chinese Ambassador for the donation and turned over the keys of the equipment to Minister Samukai, who in turn gave the keys to the New Chief of Staff Daniel Ziankhan followed by a tour to inspect the equipment. The Government of China has been a major player in the training of the new Liberian army providing technical, logistical and other forms of support.

epresentatives Henry Fahnbulleh (UP-District #4-Montserrado County) has stressed the need for homosexuality to be listed as a deviant behavior in the draft code of conduct bill before the House of Representatives. Representative Fahnbulleh said there is a need for the Legislature to be clear on which areas deviant behavior would be placed in the draft code of conduct bill. Fahnbulleh said: In the execution of governments policies especially those who are public officials, including the legislature; we need to be clear on which category we are going to place deviant behavior. If corruption is a deviant behavior we need to state it; if abuse of public office is a deviant behavior lets say that clearly and if sexual misconduct which include homosexuality, there is a need we state that clearly by determining the parameter under which we can levy the necessary punishment. The Montserrado County lawmaker raised the concern at the recent public hearing held on the code of conduct bill held on Monday in the joint chambers of the Capitol building. Fahnbulleh stressed the need for the legislature to pass laws that quantify Liberian values because according to him there is a need for the Governance Commission to proffer a way forward for dealing with issues of homosexuality. I will be one of those to insist on the presenters to give us their stance on some of those moral issues because these are moral judgment that we are taking and bringing into the public space so we need to be careful on how we regulate the behavior of people in the public sector, he said. While we are attempting to legislate decency, to do that we need to quantify Liberian values so we need to be clear in the definition of Liberian value by knowing whether we equate Liberian values to African values as well as European values. Section 1.3.2 of the draft bill which speaks about bribery, prohibit public employee from taking reward or inducement for doing or forbearing to do anything in respect of any matter or transaction within the scope of their official duties. Section 1.3.10 of the bill also speaks against casual gifts: Any present or gift, unsolicited and or a modest scale giving to a public official or employee of government which is not connected to their official duties or giving during seasonal celebrations which does not exceed US$ 200.00 in value. Continued Fahnbulleh: This provision shall not apply to gifts given during cultural and customary celebration. The crafting of the code of conduct is in keeping with article 90 of the Liberian 1986 constitution, which prevents individuals severing in public offices from engaging in any other activities, which shall be against public, or constitute conflict of interest.

ime Darby Plantation Liberia Inc., has clarified that the visit by the Liberia Extractive Industries Transparency Initiative (LEITI) last week within its concession area, was not intended for verification nor compliance, but rather for collaboration and coordination between the transparency body and the company. The Transparency watchdog said, as a global actor in transparency and accountability within the extractive sector, it believes assessing facilities of concessionaries will inform the secretariat about the business operations of various concession companies. LEITI says that in keeping with EITI standards and procedures, validations and verifications are conducted by independent external auditors. The LEITI further noted that while the Head of Secretariat acknowledges and appreciates the clinic, schools and other basic services provided by the Sime Darby in the local communities, the Secretariat was not in the position to confirm that the Company was in full compliance with the Concessions Agreement in the absence of an independent assessment. Mr. Samson Tokpah, Head of LEITIs Secretariat called for increased collaboration that will ensure LEITI understands what companies like Sime Darby and all other extractive companies are doing and that they too understand the EITI process and are contributing to resource transparency. Wednesdays visit according LEITI to was a follow-up to the Secretariats meeting with four Agricultural companies last weekincluding Sime Darbyduring which discussions were held on several issues relating to improving relations and collaborations amongst stakeholders of the process.

Thursday, February 27, 2014

Frontpage

Page 7

CEREMONY MARKING THE DONATION OF ENGINEERING EQUIPMENT WORTH $ 4 MILLION BY CHINA TO THE AFL IN PICTURES

Engineering Equipment donated by the Chinese Government to the Armed Forces of Liberia

Lawmaker George S. Mulbah making remarks at the donation ceremony

Armed Forces of Liberia Chief of Staff Gen. Daniel Ziankhan, Jr. in a chat with Defense Minister Brownie Samukai

Defense Minister Brownie Samukai congratulates Chinese Ambassador H.E. Zhang Yue for the donation

Public Works Minister Antoinette Weeks and Finance Minister Amara Konneh at the donation ceremony

L-R Chinese Ambassador to Liberia, H.E. Zhang Yue and Liberias Defense Minister Brownie J. Samukai officially signing the protocol

Heavy Duty trucks donated by the Chinese Government to the Armed Forces of Liberia.

Government Officials Internal Affairs Minister Morris Dukuly, Foreign Minister Augustine Ngafuan, Deputy Information Minister Isaac Jackson, Chinese Ambassador to Liberia, H.E. Zhang Yue and Defense Minister Brownie Samukai inspect donat

Page 8 | Frontpage

LEGISLATIVE RESTRICTION ON CENTRAL BANK OFFICIALS VERSUS CLAIMS OF EQUAL PROTECTION AND DUE PROCESS VIOLATIONS
J. Aloysius Toe, aloysiustoe@yahoo.com
Clause,as provided for under Article 11 (c) of the Liberian Constitution, which states that [a]ll persons are equal before the law and are therefore entitled to the equal protection of the law? Whether the Amendment deprivesGovernor Mills Jones and his deputies of their right, liberty, property orprivilege without due process as contained inArticle 20 (a) which states that [n]o person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the out come of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law? And if the Amendment is found not to violate Article 11 (c), and Article 20 (a)of the Liberian Constitution, whether the Act would be overcome by restrictionsagainst enacting expost facto laws and bill of attainders, as provided for under Article 21 (a) of the Liberian Constitution? And, even if the Amendment does not violate any of the above constitutional provisions, does the Liberian Legislature have the power to restrict public officials from political participation, where such participation subjects or is likely to subject public financial resources to the likelihood of abuse by the public official; and where such political participation has the likelihood to disadvantage other Liberians with political interests who are not similarly situated to supervise public resource? Because claim of Article 18 (equal work and equal pay) violation seem irrelevant to the issue under discussion, any discussion on Article 18would seem superfluous (needless). I have therefore decided not to spend any research time on Article 18, even though the argument was raised by some students in support of Governor Jones. C. Summary of my Argument Equal Protection The Amendment to the Act Creating the Central Bank of Liberia, which restricts the political activities of its governors and deputy governors, does notviolate the Equal Protection Clause of the Liberian Constitution, because the restriction does not legally discriminate against the governors and his deputies, nor impair their fundamental human rights in any way two basic requirements which are determinative of Equal Protection violation. To be legally discriminatory or impair fundamental human rights, and thus violate the equal protection clause of the Constitution, constitutional law requires that the legislatures action must have: Classified against the bank officials on the basis of their race, alienage, national origin, or violated their fundamental right including the right to vote, travel or privacy (provided the legislative action is not seeking to achieve a compelling public policy interest of the government, and the action of the legislature is not narrowly tailored to achieve the governments interest); or Discriminated based on the gender of the bank officials (provided the legislatures action against the bank officials is not substantially related to an important governments interest.); or Discrimination based on education, age, disability and welfare status of the bank officials (provided the legislatures action is not rationally related to any conceivable government interest). As can be expected none of the legally cognizable rights named above is present in the case of the CBL officials. There is no discrimination against them on the basis of race, gender, alienage or national origin; neither are they been restricted from travel, from voting, or from marriage. Even if the CBL officials claim that their right to vote includes the right for them to be voted for, this argument would be fatally flawed, as no one has right to be voted for. Assuming, but not admitting, that the CBL officials would claim political participation as a right, and that the legislative Amendment violates that right, I submit that their claim on this issue may seem valid. However, they absolutely have no right to employment at the CBL, neither is their right to political participation inextricably bound to the privilege of employment at the CBL. They may either chose to forego their employment in order to enjoy their right to political participation; or wait three years after their employment to enjoy political participation. Furthermore, even if the statute restricting the political activities of CBL officials violated any of the rights listed above, the Amendment would still be justified to be constitutionally valid because it would be found to serve legitimate government interests, including an interest in the efficiency, integrity, discipline and loyalty of public officials; and above all the interest to protect public resources from influencing electoral politics, and destroying leveled-playing field in competitive politics. In the United States, a federal court construing a Louisiana statute ruled that a Louisiana statute which restricted the right of judges to become candidates for non-judicial office, either in party primaries or in general elections, was justified by the state's interest in maintaining the integrity of the state judicial system, held that the restriction imposed under the statute did not violate the equal protection right of judges. Even though the above reference involve judicial officials, the same public policy interest rational controls for executive officials. In our case, the Liberian legislature has a legitimate, compelling, significant and important state interest to protect the integrity of the countrys banking sector, and prevent Liberias competitive politics from unfair advantages in which public officials in charge of public finances could be preferred by voters because of the public officials ability to dish out public money ( in the form of loans) to potential voters. Additionally in several cases on point, the United States Supreme Court has held, on multiple occasions, that statutes which prohibited or restricted named-or-ascertainable-group of public officials from engaging in political activities did not violate the officials equal protection guaranties; reasoning that to treat such public officials (like in our case - the governors of the CBL) different from other public employees (like Finance, Maritime, LPRC or NPA officials) constitute a reasonable classification. Emphasis mine. Finally, the US Supreme Court found thatan Oklahoma statute prohibiting political activities by state civil service employees did not violate the equal protection clause by reason of its applicability to classified service employees while leaving unclassified personnel free from such restrictions. The state legislature must have some leeway in determining which of its employment positions require restrictions on partisan political activities and which may be left unregulated, adding that a state can hardly be faulted for attempting to limit the positions upon which such restrictions are placed. Due Process First, it is well established in United States Case law that a statute, which prohibits public employees from using their official authority or influence to coerce political action, or interfere with an election, did not deprive the affected employees of their right without due process. Second, the legislative Act does not deprive the CBL officials of any right or privilege. Admittedly, it is aprivilege to be governor and deputy governors of the CBL, just as any other qualified Liberian. Likewise, the CBL officials have right to be qualified and contest electable position. But they do not have any constitutionally guaranteed right to contest any electable office while serving as governors or deputy governors or immediately upon leaving office, or immediatelyafter resignation. It is a matter of public privilege bestowed by the state, to enable an official to occupy one position of public trust and at the same time contest for public office, especially where the former position involves supervision of public funds that can be spent at will. The state has the right to take this privilege away. And because the CBL officials are entitled to the privilege to work both at Central Bank and contest for electable office (if and when permitted by the state), the current legislative action DID NOT fully bar the officials from contesting for public office. Rather, the action of the legislature in fact allows the CBL officials to seek public office, but they may ONLY be able to do so three years after the expiration of their tenure at the CBL. This action serves a legitimate and important public policy interest of preventing public money from abuse. Lastly, here, the element of deprivation is lacking. The legislature did not deprive the bank officials. There is a literary and legal difference between depriving and person of a right, and requiring him to do or achieve certain things before enjoying that right. For example, marriage is a fundamental right. But girls are required to reach the age of 18 before contracting marriage. Driving is a privilege, which others may argue, is guaranteed under the due process clause of the constitution, if the term privilege is construed to be all encompassing. However the Vehicle and Traffic Law puts the driving age at 18 years. Those denied early marriage until 18 years, and those not issued drivers license until age 18 years can yellbut will not succeed on claims of equal protection and due process violations, because there is a legitimate state interest served by the restrictions on marriage before 18 years and acquiring drivers license before 18 years. Depriving a citizen of the privilege to drive a vehicle is different from requiring him to reach the age of 18 before acquiring drivers license. In the case of the CBL officials, they are not deprived of any privilege, they are only required to comply with the time requirement (political cost) that goes with accepting appointment as governor or deputy governors. They may choose to resign three years to their tenure if they wish to contest electable position. The legislative ban does not, in anyway, deprive the officials of the privilege but rather extends the time-frame and widens the gap between the time the officials must be able to dish out public money to influence potential voters, and the time they must actually take part in elections. The fact that the legislature does not include officials of the Ministry of Finance and other agencies of government supervising public money is legally irrelevant. They legislature may so choose to do so at anytime. ExPost Facto and Bill of Attainder It is utterly out of mark and clearly unthinkable that any claim of Ex Post Facto law and Bill of Attainder violation will suffice either by construction, analogy or inference. An ex post facto law only covers, retroactively, a punitive effect of a crime. In the CBL officials case, no crime is involved so Ex Post Facto argument is inapplicable. The legislative Amendment is not punishing the CBL officials for any acts they committed previously, which acts were legal at the time the acts were committed, but are now being declared illegal so that the CBL officials need to be punished retroactively (for the past acts). Similarly Bill of Attainder applies to named individuals or easily ascertainable members of a group in such a way as to punish them without judicial trial. The bank officials seem to have a little bit of grip here because the act identifies them as named individuals and they are ascertainable members of the banks leadership. But certainly the bank officials are not being punished, they are only been regulatedand restricted,a permissible practice under the law. Spending additional research time on this issue is also needless and superfluous because of its apparent irrelevance to the issue at bar. Legislatures Lawmaking, Regulatory and Oversight Power The Governor of the Central Bank is appointed subject to the consent of the Liberian Senate, a branch of the Legislature. The Legislature has the power to make any law that is proper and necessary for the proper execution of the mandate of the Central Bank of Liberia. The power of the Legislature includes the power to prescribe a code of conduct for officials of the Central Bank of Liberia to restrict their activities when such activities seem to run contrary to governments public policy interest, or constitute conflict of interest. No doubt, the Central Bank and its officials owe duty to the Liberian people through the legislature. The Central Bank is the banker, depository and fiscal agent of the government and people of Liberia, and as such, its officials owe fiduciary duty of trust, integrity and loyalty to the people of Liberia, represented by the Legislature. The duty of loyalty and integrity includes a requirement to refrain from acts and conduct that run contrary to the public policy interest of the government. Understandably, it is the public policy of the Government of Liberia to ensure that those public officials serving as trust of public resources are prohibited from using the resources to gain comparative advantage against other Liberians, in achieving political leverage in a way and in such a manner that undermines competitive politics and create unleveled playing field. This, the legislature did in the present case. D. THE ARGUMENT THE LEGISLATURE HAS THE POWER TO RESTRICT PUBLIC OFFICIALS FROM PARTICIPATING IN POLITICAL ACTITIVITIES IN ORDER TO SERVE A SIGNIFICANT GOVERNMENT INTEREST;

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PERSPECTIVE

Thursday, February 27, 2014

ecently, the Liberian Legislature amended the Act creating the Central Bank of Liberia (CBL). The Amendment limits and restricts, within a specified time-frame,all present and future governors and deputy governors of the CBL from contesting for elected offices as long as they remain officials of the CBL. Furthermore, the Amendment provides that they shall not be qualified to contest any elected office until three years, consecutively, after the end of their tenure at the CBL, or after their resignation therefrom. The Amendment, which has been passed by the Legislature, and awaiting presidential approval reads: "The Executive Governor of the Central Bank of Liberia and members of the Board of Governors shall be prohibited from contesting political office(s) while serving in their respective offices and shall not be qualified to contest any electable office within three years consecutively after the expiration of their tenure and in his/her resignation from the Central Bank of Liberia." Since the action by the Legislature, condemnations have come from several Liberians including lawyers, political activists and the student community, terming the Legislatures action as gross abuse of legislative power and violation of articles 11, 18, 20 and 21 of the Liberian constitution. They have called on President Ellen Johnson Sirleaf to veto the Amendment. Yet still, other Liberians have hailed and welcome the Amendment, terming it as an energized legislative awakening to fight waste of public resources and control unfair advantages in competitive politics. The Amendment has already being passed and presented to the President for signature. An overwhelming majority of lawmakers is in favor of the Amendment. Therefore, it is highly likely that, even if the President of Liberia were to veto the Amendment, as being requested by some Liberians, two-thirds majority of the Legislature would still ensure that the Amendmentbecomes Law. As may likely be the case, this situation holds possibility to create perfect pretext for constitutional challenge before the Supreme Court of Liberia, should the Amendment pass into law. Whether or not the Supreme will sustain or strike down the Act is a decision yet to be made. In the face of this confusion, it is important that the Liberian National Bar Association provides a guiding opinion on the constitutionality of the legislative action before the case is ever brought before the Supreme Court. For now, the Supreme Court cannot issue advisory opinions, and will not do so until the issue is brought before the Courtunder the case and controversy doctrine. Additionally, individual lawyers in and outside Liberia, and students of Constitutional Law at the Louis Arthur Grimes School of Law need to get involved and clarify some of the confusion permeating prevailing public perception. According to belief and information, Cllr. Charles Walker Brumskine, Cllr. Cyril Jones and Cllr. Tiawan Gongloe are three of Liberias best Constitutional Lawyers. Gongloe has already declared that the Act violates the Equal Protection Clause under Article 11 (c) of the Constitution , rightly or wrongly. We look forward to Brumskine and Jones to educate the public as well. My layman attempt here is to shed light on what I believe to be the application of the law as it exists today, supported by relevant statutory and case law. In this piece, I argue that the Amendment restricting CBL officials from participation in political activities, until three years after their tenure, is in furtherance of governmentslegitimate public policy interest, issupported by well-established constitutional case law, and does not in anyway violate the Equal Protection and Due Process clauses of the Liberian Constitution. Furthermore, ex post facto and bill of attainder doctrines are inapplicable to the facts and circumstances of the Amendment.In short, the Amendment is constitutionally permissible. All legal citations are provided in the text of the document, and other references are found in the footnote at the bottom of the pages. In keeping with Liberias Reception Statute, as found in 15 LCL revised, Ch. 3 40 (a) and (b), I have used caselaw from courts of the United States to the extent that existing decisions of the courts of Liberia are inadequate or nonexistent. In Liberia, when the statutes and existing decisions of Liberian courts are inadequate or non-existent to address any issue of law and rules, case law from courts in England and United States of America, is, when applicable, considered Liberian laws.TRADEVCO v Mathies et al, 39 LLR 637, LRSC 32 (1999); MPC et al v National Election Commission et al, LRSC 1 (2011); Houssenini v Jawhary, LRSC 44 (2005); RL v Leadership of LNBA et al, 40 LLR 635, LRSC 26 (2001; RL v Leadership of LNBA et al, 40 LLR 635, LRSC 26 (2001); Fallah v RL, LRSC 14 (2011); Arnous et al v Firestone Plantations Co., LRSC 8; 37 LLR 785 (1995 B. Controlling Questions Basically, this little write-up addresses four questions: Whether the Amendment,which restricts a named group of CBL officials from participating in political activities,violates the Equal Protection

SEE PAGE 9

Thursday, February 27, 2014

AND SUCH RESTRICTION DOES NOT VIOLATE THE EQUAL PROTECTION CLAUSE OF THE CONSTITUTION, NOR APPLY TO DISCRIMINATORY ACTIONS THAT ARE SO PROHIBITED. A statute restricting political activities of public officers or employees does not violate the Equal Protection Clause of the Constitution. Statutes which prohibit the political activities of public officials do not violate the equal protection clause simply because they are applied against a classified group of public officials while other public officials in similar category are exempted from such restrictions. Broadrick v Oklahoma, 413 US 601, 37 L Ed 2d 830, 93 S Ct 2908 (1973). Elder v Rampton, 360 F Supp 559, affd 413 US 902, 37 L Ed 2d 1020, 93 S Ct 3062 (1972), State ex rel. McKittrick v Kirby, 349 Mo 988, 163 SW2d 990 (1942), State ex rel. Gonzales v Manzagol , 87 NM 230, 531 P2d 1203 (1975), Haines v Commonwealth, State Civil Service Com. 58 Pa Cmwlth 640, 428 A2d 759 (1981) In Broadrick, a statute prohibited a named group of public officials from becoming members of a political party's committee or of a political club, or taking part in the management or affairs of any political party or in any political campaign, except to express an opinion and to cast a vote. The US Supreme Court found that an Oklahoma statute was constitutional and did not violate the equal protection clause. Said the court: the state legislature must have some leeway in determining which of its employment positions require restrictions on partisan political activities and which may be left unregulated, adding that a state can hardly be faulted for attempting to limit the positions upon which such restrictions are placed. In Elder, the court held that statute that prohibited political activities by statemerit-employees but which excluded from its restrictions approximately 9 percent of the personnel directly employed by the state did not deny equal protection to those who came within the terms of the statute. Stating that the merit of the claim depended on whether there was an appropriate governmental interest suitably furthered by the differential treatment. The court in McKittrick held that a government restriction prohibiting public employees from taking an active part in political campaigns, serving as officers of political organizations, circulating political petitions, working at polls, and the like, and providing further that such employees could become candidates for public office only after resigning their employment, did not violate the equal protection clause of the Constitution. In Manzagol, the court held that a statute which prohibited certain type of classified employees from holding political office, from becoming officers of a political organization during their employment did not deny civil service employees equalprotection of the law In Haines, the court held that a statute which prohibited employees from engaging in political activities did not create unconstitutional classifications between those who were in the classified service and those who were not. Stating that it was undisputed that the state had a legitimate interest in promoting the efficiency and integrity of civil service employees by insulating them from political pressures. The court stated that it believed that such a state interest was also sufficient to support the statute's differing treatment between employees. In each of these cases, the contention has been that the proposed statutes deprived petitioners of liberty, property or [privilege] interest without equal protection of the law. In all cases, courts have maintained that there is no liberty or property interest in a position of employment The Equal Protection Clause of the Liberian Constitution applies only to constitutionally cognizable discriminatory governments actions, and government conduct that impair fundamental rights; such action is not present in the CBL case All persons are equal before the law and are therefore entitled to the equal protection of the law. Lib. Const. Art. 11 (c).In interpreting the constitutional provision, the Supreme Court of Liberia said Equal Protection of the law means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and in their pursuit of happiness.RL v Leadership of LNBA et al LRSC 26; 40 LLR 635 (2001). Similarly, the Court said Equal Protection of the law means that no person shall be subjected to any restriction in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness which do not generally affect others; that no person shall be liable to others or greater burdens and charges than such as are laid upon others; that no greater or different punishment is enforced against a person for a violation of the law. i.d . However, in Center for Law & Human Rights Education et al v MCC et al LRSC 20; 39 LLR 32 (1998),the Supreme Court said that We find that the exercise of municipal powers to promulgate regulations and/or exercise police power to regulate a class is not a violation of the equal protection clause of the Constitution. It is evident here that the Liberian Supreme Court was taking cue from the numerous decisions in American case law. In all other cases in which the Court applied the Equal Protection analysis, the Court found equal protection violation indeprivation of someones liberty by prolong detention without hearing, Feleku v RL, LRSC 49; 30 LLR 189 (1982)1982), denial of right to bail, Zuo v Morris et al, LRSC 32; 37 LLR 604 (1994), substantive right not affected, and opportunity provided to seek redress. Wolo v Wolo, LRSC 12; 5 LLR 423 (1937), Fazzah Bros v Collins, LRSC 1; 10 LLR 261 (1950), guarantee of fair and impartial trial, Tolbert v RL, LRSC 33; 30 LLR 3 (1982),right to be present in court, Davye et al v Badio et al, LRSC 11; 38 LLR 241 (1996). The cases do not mention whether or not, restricting the political participation of public employee violate the Constitution. So we turn to the United States courts for guidance. In cases providing Equal Protection interpretation, the United States Supreme Court and lower federal courts found equal protection violation in discrimination against same sex couples, Romer v. Evans, 517 U.S. 620, 116 S. Ct. 1620, 134 L. Ed. 2d 855 (1996), only when there is no legitimate state interest, Citizens for Equal Prot. v. Bruning, 455 F.3d 859 (8th Cir. 2006), restriction on the right to procreate, Skinner v. Oklahoma, 316 U.S. 535 (1942). In addition, the US Supreme Court identified, as potential Equal Protection violation, discrimination based on race, Wygant v. Jackson Bd. of Educ., 476 U.S. 267, 106 S. Ct. 1842, 90 L. Ed. 2d 260 (1986), based on alienage, Bernal v. Fainter, 467 U.S. 216, 104 S. Ct. 2312, 81 L. Ed. 2d 175 (1984), Nyquist v. Mauclet, 432 U.S. 1, 97 S. Ct. 2120, 53 L. Ed. 2d 63 (1977), based on national origin, Jana-Rock Const., Inc. v. New York State Dep't of Econ. Dev., 438 F.3d 195 (2d Cir. 2006), fundamental right violation, Romer v. Evans, 517 U.S. 620, 116 S. Ct. 1620, 134 L. Ed. 2d 855 (1996), based on gender, United States v. Virginia, 518 U.S. 515, 116 S. Ct. 2264, 135 L. Ed. 2d 735 (1996). Case law in Liberia and United States have not been able to find statute restricting public officials from participation in political activities as

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violation of the Equal Protection Clause. In fact, the US Supreme Court held that claim of equal protection violation (like in the case concerning only the CBL officials), under which plaintiff alleges that she has been treated differently from other similarly situated persons without any rational basis, but does not allege that differential treatment was due to plaintiff's membership in particular class, does not violate equal protection and is not cognizable in public employment context. Engquist v. Oregon Dep't of Agr., 553 U.S. 591, 128 S. Ct. 2146, 170 L. Ed. 2d 975 (2008). A STATUTE WHICH RESTRICTS OR PROHIBITs PRUBLIC OFFICIALS FROM PARTICIPATION IN POLITICAL ACTIVITIES DOES NOT VIOLATE THE DUE PROCESS CLAUSE OF THE CONSTITUION. a). Amendment does not deprive CBL officials of any life, liberty, property or privilege interest; claim of due process violation do not extend to regulatory restrictions to serve public interest. No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the out come of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. Lib. Const. Art. 20 (a). The Supreme Court of Liberia consistently maintained that due process is the law of the land, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial." Wolo v Wolo, LRSC 12; 5 LLR 423 (1937). Thus to deprive any official of office or to deprive any person of his property or other right, without notice, an opportunity to appear and cross-examine witnesses adduced against him, to produce witnesses in his own behalf, and to be heard in person, by counsel or both, is to deprive such official of office, or person of his property or other rights, without "due process of law," and is therefore unconstitutional Wolo v Wolo [1937] LRSC 12; 5 LLR 423 (1937). And since the Liberian Supreme Court has not define the term deprive, we turn to the courts of New York for guidance.To deprive means to take, altogether, a seizure, dispossession of the owner. Sh.trpless v. Philadelphia, 21 Pa. 1G7, 50 Am. Dec. 759; Wynehamer v. People, 13 N. Y.407; Munn v. People, 09 111. 88; Grant v. Courter, 24 Barb. (N. Y.) 238. There is nothing in the above legal citations that prevent or precludes the legislature from enacting regulatory amendments. Such amendments are only unconstitutional if and when they seize, dispossess or take altogether the life, liberty, privilege and property interest of a person without a court hearing. In the case of the CBL officials, the legislative amendment DID NOT take (altogether), seize or dispossess them of anything. It only restricts the time when (prescribed time frame) they must seek voters endorsement after dishing out public money to the same voters. b) Amendment which prohibits public officials who use their official authority or influence to coerce political action, or interfere with election, do not deprive the affected employees of their liberty and property without due process A statute which provided that no person holding office or employment in the classified service was to become a candidate for elective office or take an active part in any political campaign or organization, or circulate or seek signatures to any petition provided for in any primary or election law or act as a worker at the polls, or distribute badges, colors, or indicia favoring or opposing a candidate for election or nomination to a federal, state, county, or municipal public office was held constitutional and did not violate due process requirement. Swinney v Untreiner (1973, Fla) 272 So 2d 805, cert den 413 US 921, 37 L Ed 2d 1043, 93 S Ct 3064. A city charter provision which prohibited civil service employees from being candidates for nomination or election to any public office was clear and unambiguous and therefore not unconstitutional for due process violation. Mortillaro v Louisiana, 356 F Supp 521 (1972) In Swinney, the statute specifically set out the prohibited political activities, the court declared, adding that there could be no doubt about what constituted prohibited activity within the terms of the statute. Because of Governments Public Policy Interest, Multitudes of Federal Employees are Prohibited from Political Activities under the United States HATCH Act. The United States HATCH Act prohibits certain federal executive branch employees from engaging in partisan political management or partisan political campaigns. There is no reason why similar public policy rational should not be applied to Liberia. III. THE AUTHORITY OF THE LEGISLATURE TO CONSENT TO EXECUTIVE APPOINTMENTS AND PROVIDE OVERSIGHT ON EXECUTIVE APPOINTEES INCLUDES THE POWER TO REGULATE GOVERNMENT OFFICIALS CONDUCT WHICH RUNS CONTRARY TO THE PUBLIC POLICY INTEREST OF THE STATE, ENCOURAGES CONFLICT OF INTEREST, STIFFLES COMPETIVE POLITICS ON A LEVELED PLAYING FIELD, AND OFFERSUNFAIR POLITICAL ADVANTAGE TO MANAGERS OF PUBLIC FINANCIAL RESOURCES. a). The Legislature has the power to consent to, and provide oversight over high-level presidential appointees, including the appointment, oversight and regulation of the governor and deputy governors of the Central Bank, before and after such appointments become effective The President shall nominate and, with the advice and consent of the Senate, appoint high-level officials in government. Lib. Const. Art. 54. Each of the four Governors [of the Central Bank] shall be appointed by the President on a staggered-term basis, subject to confirmation by the Liberian Senate. National Bank Act,6 LCLr. Sec. 12. Like the United States Congressional oversight power, Liberian Legislative oversight authority is implied and not enumerated in the Constitution . Even though oversight responsibility is implied, it has traditionally allowed the legislature of Liberia, as in the case of the United States Congress to review, monitor, regulate and supervise government agencies, programs, activities, and policy implementation by the agencies of the Executive Branch. Consistent with its lawmaking, oversight and regulatory authority, the legislature of Liberia prohibits certain operations of the Central Bank to ensure that public resources are not disadvantaged, abused and misused. National Bank Act, 6 LCLR. Sec. 44. Additionally, pursuant to its regulatory oversight and in a bid to protect the public policy interest of government, the legislature prohibits officials of the central bank from engaging in actions which have semblance of outside interest and conflict of interest. i.d at Sec. 11 (2) (3),17 The power of the legislature to consent (through confirmation) to the appointment of CBL governors is undisputed and unambiguous. Similarly, the oversight and regulatory authority of the legislature over the CBL and its officials requires no contestation in this instance. Clearly, the regulatory and oversight authority of the Legislature extends to prohibition against CBL governors from engaging in actions that suggest conflict of interest or promote conflict of interest. However the construction of the statute does not explicitly extend the

PERSPECTIVE

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regulatory and oversight authority of the legislature to restrict CBL officials from seeking elected office while they are in the employ of the Bank or within three years after their tenure, or resignation. Even though the Constitution and statutes do not explicitly give the Legislature any such authority, the Constitution and statutes also do not prevent or preclude the legislature from effecting such restriction against CBL officials. What is not explicitly prohibited by the law is implicitly permissible under the law. By analogy and inference, the fact that the legislature has regulatory authority to prevent CBL governors from engaging in outside interest that may subject public resources to possible abuse, it goes to say that the legislature is not precluded from preventing CBL officials from engaging in political activities while in office or within three years consecutively thereafter, to the extent that the legislature may deem such political activities as subjecting or having the potential to subject public financial resources to abuse. It is an elementary principle of Constitutional Law that the legislature may enact any law so long as such law is not expressly prohibited by the Constitution, and so long as such law is not inconsistent with any of its provision. Thus, the current legislative Act banning CBL governors squarely falls within the Legislatures lawmaking, regulatory and oversight powers and authority. b). It is within the lawmaking power of the Legislature to make any law that is proper and necessary to enable public official to execute the duties of their respective offices in a way and manner that is not against public policy, and constitute conflict of interest. The Liberian Constitution provides that the Legislature has the power to make all other laws which shall be necessary and proper for carrying into execution all other powers vested in any department or officer thereof. Lib. Const. Art. 34 (d)(l). Furthermore, the Constitution prohibits public officials whether elected or appointed to any public office, [to] engage in any other activity which shall be against public policy, or constitute conflict of interest. Lib. Const. Art. 90 (a). In the event any public official acts contrary to public policy and engage in conflict of interest, [t]he Legislature shall, 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. Lib. Const. Art. 90 (c). According to the Free Online Dictionary, conflict of interest arises when a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit .When such situation arises, the constitution requires the legislature to formulate and promulgate code of conduct which includes set of conventional principles and expectations that are considered binding on any person who is a member of a particular group. Public office in Liberia is a public trust, Lib. Const., Art. 97 and public officials are fiduciaries for the people they serve. Katz v. Brandon, 156 Conn. 521, 535, 245 A.2d 579, 587 (1968); County of Cook v.Barrett, 36 Ill. App. 3d 623, 627, 344 N.E.2d 540, 545 (1975).As fiduciaries, public officials are held to a high standard of conduct, which must always be guided by rules of good faith, fidelity, and integrity. Trist v. Child, 88 U.S. 441, 450 (1874); Terry v. Bender, 143 Cal. App. 2d 198, 206, 300 P.2d 119, 125 (1956). In Liberia, the 1986 Constitution prohibits public officials (elected or appointed) from misuse of government resources, ". Lib. Const. Art. 5 (c); engaging in acts against public policy, and shall not benefit directly or indirectly, on account of any duty required by Government. Lib. Const. Art. 90 (a) and (b). The Central Bank is the banker, fiscal agent and advisor to the Government of Liberia, and its officials owe fiduciary duty of trust and loyalty to the public. National Bank Act, 6 LCLR. Sec. 39. As fiscal agents of the Republic, governors and deputies of the Central Bank subscribe to an oath of fidelity. National Bank Act, 6 LCLR. Sec. 18. Consequently they owe fiduciary duty of trust and loyalty to the Liberian public.Under the agency theory, CBL officials are agents of the principal (the Government) elected by the people, and are therefore amenable to the people whom they serve. State ex rel . Nimon v. Village of Springdale, 6 Ohio St. 2d 1, 4, 215 N.E.2d 592, 597 (1966). Clearly, the above legal authorities have established that the legislature has the authority to safeguard Liberias public policy interest, and combat real or potential conflict of interest. Here, Governor Mills Jones and his deputies are public officials. They are required not to act contrary to public policy, or engage in acts that promote conflict of interest. Even though not explicitly authorized by the Act creating the Central Bank, Governor Jones has orchestrated a loan system that targets potential voters throughout the country, and he has even received elaborate honoring programs, and rousing welcomes (from potential voters who are beneficiaries of his loan scheme) with banners and placards depicting political pro-Jones slogans (see, Frontpage Africa, http://www.frontpageafricaonline.com/index.php/politic/736-jonesmystique-conspiracy-clouds-2017-presidential-talk), and reminiscent of the triumphant entry of Jesus Christ into Jerusalem, and the 1996 entry of rebel leader Charles Taylor into Monrovia. Through patronage, university students were seeing wearing solidarity t-shits during the funeral of Governor Jones mother. Liberian officials are typically noted for dishing out state resources to groups for political premiums. As Governor of the Central Bank of Liberia, Dr. Mills Jones who according to information and belief holds a PhD in Education and not in Banking, Finance or Economics, has a professional interest to ensure that the principal goals of his office are to protect the financial resources of Liberia and serve the public trust. By the way, the true educational status of Dr. Jones could not be verified as the Governor has taken down his profile on the Central Bank website. (seehttp://www.cbl.org.lr/content_main.php?sub=profile, retrieved on February 22, 2014 at 21:11 US Estern Time). However, the Governors professional interest to safeguard Liberians financial interest has the likelihood of being unduly influence by his political adventurism, and could undermine his professional judgment in the financial sector of Liberia. By his appearance at events that have characteristics of political mobilization, coupled with news reports (yet to be denied) that the Governor has ambition to contest for Liberias presidency in 2017, the Governors maneuvers suggest motives for political promotion which may render him to favor (in the granting of loans) individuals and regions which are likely to give him votes in 2017. This action by the Governor is not wrong in itself. However, it is objectionable because its burden on governments public policy ( of creating level-playing field for all political contestants) substantially outweighs the privilege of the Governor to contest for elected office while serving at, or immediately after serving at the CBL. I concede that it is the right of the governor to contest for electable office, but it is not his right to contest for such office while serving as official of the central bank. This is a matter of privilege to which he can mount no legal claim.

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EXTORTION IS BUSINESS AS USUAL Religious Cleric Speaks Out B

Monroviaishop Andrew Karnley, Bishop of the Catholic Diocese of Cape Palmas says security harassment at checkpoints along major highways in the country is business as usual. Extortion at the many checkpoints is business as usual; nothing has changed because the joint securities are still taking money from drivers. It is a way of life at the various checkpoints that commercial drivers should drop the gate by paying money before they cross a checkpoint. You can ask the commercial taxi, truck and bus drivers and the market women who run the vehicles and carry goods to the Southeast, they will tell you because it is not in hiding, the Cleric told frontpageafrica in an exclusive interview. He cautioned lawmakers to not get involved in the expenditure of funds allotted for County or District development. I would say members of the Legislature should have nothing to do with the implantation of the CDF and DDF because they are policymakers. Let them leave the executive branch of government and the relevant agencies of the executive branch to implement the CDF and the DDF. They should not be policymakers and the same people to implement the policy. Some want to get involved in the implementation to gain political capital, so they can be seen as doing something for the people. Bishop Karnley who once served as a Priest of the Catholic Church of Liberia for over sixteen years, is now the Bishop of the Catholic Diocese of Cape Palmas, that covers the entire Southeastern region of Liberia. FrontPageAfrica caught up with the energetic bishop when he visited Monrovia and he spoke about his early life as a Priest and now a Bishop. The young Bishop also spoke about the challenges he faces in South-Eastern Liberia where he is currently assigned. Read Full Interview Below FRONTPAGEAFRICA: Who is Bishop Andrew Karnley and from where does he hail? BISHOP KARNLEY: I was born on April 26, 1967 in Bomi County unto the Union of Samuel D. Karnley and Ms. Hawa Fefe Sando. My Primary education was done at St. Dominic Catholic School in Tubmanburg, Bomi County, while my Secondary education was done at Our Lady of Fatima High School in Maryland County, where I graduated in 1986. Thereafter in pursuit to become a priest, I did a year of human development at the St. Kizito Pre-major Seminary in Kenema, Sierra Leone. In 1987, I enrolled at the St Pauls College Seminary in Gbarnga Bong County but our studies were disrupted during the civil war so we had to complete our studies in Sierra Leone in 1991 where I obtained a BSC in Philosophy. I returned to Liberia and did a year of Pastoral experience where I worked in the field with different parishes in the Arch diocese. In 1993 I relocated to Ghana to do my studies in Theology and in July of 1995, I graduated. FRONTPAGEAFRICA: How long did you serve as Priest before becoming Bishop? BISHOP KARNLEY: I was ordained as a priest in July, 1995 by Arch Bishop Michael Francis and served 16-17 years as a Priest. I was appointed a Bishop on February 5, 2011, when I was doing my graduate Studies in Rome. Since I was appointed a Bishop, I had to discontinue my studies to return home to be ordained and serve the church as a Bishop. FRONTPAGEAFRICA: Do you intend completing your studies now that you are a Bishop? BISHOP KARNLEY: By virtue of my appointment, I cannot continue my studies, so any Bishop who is appointed merits an honorary Dr. Degree in Divinity, but I dont apply it because our protocol in the Catholic Church is that a Bishop is a teacher of the faith and leads the flocks, instead of being taught in the classroom. FRONTPAGEAFRICA: church? How do you enjoy your work in the

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INTERVIEW

Thursday, February 27, 2014

Mae Azango maeazango@frontpageafricaonline.com

Counties in Southeastern Liberia and the challenges in Southeastern Liberia are enormous. We have very poor infrastructure, especially bad roads. There has been some improvement, but the challenge to travel within the Southeast, is too huge. The cost of living is very high because to transport goods and services to the counties in Southeast Liberia, cost a lot, so that is a challenge to us as well. The lack of electricity and pipe bone water and postal service is also a challenge because we have to come to Monrovia to send and receive important documents by DHL or FEDEX. Even to get letter from abroad, we have to come to Monrovia. FRONTPAGEAFRICA: Is extortion carried out by Security officers, you once mentioned still ongoing at the many checkpoints in the Southeastern Liberia? BISHOP KARNLEY: Extortion at the many checkpoints is business as usual; nothing has changed because the joint securities are still taking money from drivers. It is a way of life at the various checkpoints that commercial drivers should drop the gate by paying money before they cross a checkpoint. You can ask the commercial taxi, truck and bus drivers and the market women who run the vehicles and carry goods to the Southeast, they will tell you because it is not in hiding. FRONTPAGEAFRICA: Have you ever told the police and security agencies about the extortion at the checkpoints? BISHOP KARNLEY: I have not done a former complaint but I have been speaking about it in the press. Yes I sometimes raise concerns at the checkpoints. FRONTPAGEAFRICA: Is the practice of extortion at the checkpoints good for the country? BISHOP KARNLEY: It is not good for the country, as I always say it compromises the security of the country. And also, it constitutes the act of injustice to ordinary people, because these people are delayed at the checkpoints on condition that the vehicles dont move until they drop the gate. Sometimes the amount demanded at these checkpoints cause the drivers to factor that into the cost of transportation. The securities overlook the safety measures that should be taken. For example, you see vehicles that are overloaded with passengers and goods passing through the checkpoints, vehicles that are in poor condition passing through the checkpoints, you see vehicles with three persons in addition to the driver in the front seat of the vehicles passing through the checkpoints and that should not be the case. No wonder why the accidents are many on the roads. FRONTPAGEAFRICA: What advice do you have for the Government regarding this situation? BISHOP KARNLEY: Government should take measures to curtail that, as I said our security men and women serving at the checkpoints and receiving bribes compromises the security and safety of ordinary

citizens.

FRONTPAGEAFRICA: How does it compromise the security of the country and the citizens?

BISHOP KARNLEY: Because people can move in and out of the Country with drugs and many harmful substances, all because the securities are not doing their work but accepting bribes. We have elections coming up this year and I call on Liberians to take these elections seriously. What I want to see is Liberians re-electing very serious minded candidates not elect hustlers into the house. I am saying hustlers because many of the candidates are running because of the salaries and incentives of those who serve us in the legislature have become very attractive. Anyone who wants to make a living would be attracted to such. Therefore they should elect people who are well established and not people who want to make a living. They should elect people who would contribute something to this country because in the Legislature, very serious policies are discussed and debated for the good of the Country. So we should not bring in people who are only interested in themselves because there have been issues of bribery in the past in order for concessions, bills to be passed, these conditions have to be met. FRONTPAGEAFRICA: As you have heard the rich want to get richer, so what makes you think that an established person wont steal? BISHOP KARNLEY: When I say well accomplished, I am talking about people who have something to show, that they have a foundation in their counties or communities. Someone who has contributed to development they can show in their counties or communities. FRONTPAGEAFRICA: What do you have to say about the fuss over the misappropriation of county Development Funds in many counties? BISHOP KARNLEY: Now it is the time for the people to decide, as to whom can best represent their interest. We have heard stories about CDF not being used properly or have been misapplied, so it is left with the people to chose the person to represent them. There should be a comprehensive review of the entire County Development Fund program looking at what mistakes were made in the past, and what mechanisms can be put in place so that the County or District Development funds can make an impact. The concept is good but the implementation is bad. For example, if a million dollar is in the budget for each county and this money is applied properly, it will make a difference in the lives of rural dwellers. I would say members of the Legislature should have nothing to do with the implantation of the CDF and DDF because they are policymakers. Let them leave the executive branch of government and the relevant agencies of the executive branch to implement the CDF and the DDF. They should not be policymakers and the same people to implement the policy. Some want to get involved in the implementation to gain political capital, so they can be seen as doing something for the people.

BISHOP KARNLEY: I have always enjoyed my work as a Priest even though there have been many challenges especially during the war. In order to be able to guide and lead others to Christ, I have enjoyed doing it very much. FRONTPAGEAFRICA: What prompted your interest in becoming a Priest? BISHOP KARNLEY: It started with me being around a Missionary Priest and his way of life and the way he worked with us inspired me very much so I thought that if he could do it, I too could do it. Secondly, there were not many Liberian Priests in those days, so that posed a challenge to me to become one. The churches gave me every opportunity to get the right orientation, at the age of fifteen. FRONTPAGEAFRICA: What are challenges you face working in Southeastern Liberia? BISHOP KARNLEY: As you may know that I am Bishop for all of the

Thursday, February 27, 2014

nce again, the Liberia Football Association (LFA) national league will take a break for the interclubs actions, which resume this weekend across Africa. And coincidentally, Barrack Young Controllers (BYC) and Red Lions, Liberias representatives, are at home to West and North Africans opponents in the first round first leg ties. Red Lions, formerly Fatu FC, make their debut appearance against Algerias Club Sportif Constantinois (CSC) in the Confederation Cup at the Antoinette Tubman Stadium (ATS) on February 28. Who are CSC? Founded in 1898 in Constantine, CSC is the oldest Algerian football club. It was founded under the name of IKBAL Emancipation from 1898 to 1909 but was closed by the French authority. It reappeared under toile Club Mussulmen Constantinois from 1916 to 1918 and was closed for the second time by the repression of the colonialism. It then reappeared under Club Sportif Constantinois on June 26, 1926 and wasnt closed because the Europeans were members and players. With their home ground at Stade Mohammed Hamlaoui, they play in Ligue Professionelle Onethe number one competition. CSC are fifth in the 16-team Ligue One with 32 points from 20 games (eight wins, eight draws and four defeats), 10 points behind joint leaders Entente Sportive de Setif and Union Sportive Medina dAlger. They won Ligue One during the 1996/97 season and Ligue Two in 2003/04 and 2010/11 respectively. Their only appearance in Africas club competition was reaching the first round in the Champions League in 1998. Players to watch out for Their 23-man squad accounts for four foreignersMalis Ousmane Berthe, Cameroons Gilles Ngomo and Frances Samir Eyemen Henaini and Samy Houri respectively. Only Ngomo and Berthe have represented their country at international levels with a cap for the Cameroonian and 17 caps for the Malian. With 18 goals scored and 14 goals conceded, 31-year-old Hamza Boulemdais remains CSCs most potent finisher and is the joint sixth highest scorer with six league goals. Hamzas last goal came in a 2-1 home win over MC Oran on match-day 20 on February 22, 2014. With 10 goals last season as the joint third highest scorer and 48 goals over six seasons in Algeria, Hamza will take advantage of a defensive weakness to increase his tally and strikers Henaini, Yassine Bezzaz, Mohammed Derrag and Hadiouche Abdenour will also be available to compliment his effort. Goalie Lounes Gaouaoui is one

LIBERIAS CONTINENTAL OPPONENTS

Danesius Marteh, danesius.marteh@frontpageafricaonline.com

Sports

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SPORT BRIEF

Who are they and what do they bring into this round of the competition?

LFA says Red Lions continental game will go ahead on Friday.

NO CHANGE OF PLAN

of priciest assets and with over 47 caps for Algeria. And with a host of trophies and honors, including three Confederation Cup winners medal with JS Kabylie in 2000, 2001 and 2002, his experience will make or break the match. Whos their coach? The experienced former France international Bernard Simondi is overseeing technical matters. Born on July 28, 1953, Simondi played for SC Toulon, Stade Lavallois, FC Tours and AS Saint-Etienne in France. He began his coaching career in 1986 with South Arabias Al-Nassr FC and has since coached Puget, Aubagne, Grenoble and US Creteil in France; Tunisias toile Sportive du Sahel, Algerias ES Setif and Al-Kharitiyath and Al-Ahly Doha Sport Clubs in Qatar respectively. The 60-year-old also coached Guinea in 2000 before serving as technical director of Benin from 2001-2004 and Burkina Faso from 2005 to 2006. How did they qualify? CSC finished in the third place in Ligue One with 52 points from 30 games (13 wins, 13 draws and four defeats), scoring 37 goals and conceding 20 goals. They meet Nigers AS Nigelec, who were making their debut, and narrowly eliminated the Nigeriens 4-3 on aggregate. CSC lost the first 2-0 in Niamey on February 9 and won the return 4-1 in Constantine on February 15. Alhassane Issoufou scored an own goal in the 36th minute before Henaini, Abdelhak

Samuer and Yassine Bezzaz were on target before And with a 4-5-1 formation away and a 4-3-3 formation at home, CSC will be a tough opponent for Red Lions. Eyeing a second scalp? BYC will take on Sewe Sports in a first round, first leg match at the ATS on Sunday. The Ivorian side will be cautious to avoid becoming the Liberian champions' second scalp of the competition after Asante Kotoko. Kotoko were the major casualties of the preliminary round after losing 1-0 at the ATS on February 16. Blamo Nimely struck two minutes from time in Monrovia to give BYC a 1-0 win and a last-32 place in Africas premier football club competition. Debutants BYC advanced on the away-goal rule, having lost the first leg 2-1 in Kumasi on February 9. Kotoko, popularly called the 'Porcupine Warriors', have been African champions twice and runners-up five times. They were not expected to be unduly troubled by BYC given a poor Liberian record in the tournament with a string of early exits. But warning lights started flashing after Kotoko needed two penalties from Ghana international Kwabena Adusei to secure the three points at the Baba Yara Stadium in Kumasi on February 9. Kotoko had scoring chances during the return match with Ben Adama frustrated by the woodwork midway through the second half. Richard Mpong was guilty of a bad miss and soon after Nimle latched onto a thru pass from

Isaac Pupo to find the match winner. That plot was planned in New Kru Town and unearthed at the ATS but BYC, who won a double last season, know that the Ivorians, who eliminated Mighty Barrolle 3-1 on aggregate in 2007 in the preliminaries, will be tougher than the Ghanaians. Who are they? Sewe Sport, founded in 1953, is a premier club based in San Pedro and play at the 10,000 capacity Stade Municipal. They won the premier league in 2011/2012 and 2012/2013 seasons and also won the Felix Houphouet-Boigny Cup in 2005, 2012 and 2013 respectively. Sewe lead the 14-team table with 33 points from 14 games (10 wins, three draws and a defeat), scoring 21 goals with seven goals against. AFAD (Acadmie de Football Amadou Diallo de Djkanou)s six goals conceded means Sewe have the second meanest defence in the league. Sewe didnt make it past the first round in 2007 but went unto to reach the group stage in 2013. They have four appearances in the Confederation Cup, having reached the first round in 2006 and 2010 and the preliminaries in 2011 and 2012 respectively. Players to watch out for Their 27-man squad accounts for three players with dual nationalityGhana-born Burkina Faso international Ocansey Mandela Amamoo, Aboubacar Fofana of France and Ivory Coast and Idrissa Halidou Garba of Niger and

Nigeria respectively. Cameroons Rostan Kakou and Nesmen Ndemen Feuleu complete the list of foreign contingent at the club. Whos their coach? Not much is known about Ivorian Rigo Gervais except that he won the league last season. But his interchangeably formation of 4-5-1 and 4-3-3 will be a delight to watch over the two legs. If the Ghanaians were muscular and physical, than the Ivorians are a step or two ahead and BYC will have to rely on their skills and pace to overcome the two legs. How did they qualify? Sewe topped the 2012/2013 premier league with 56 points from 30 games (16 wins, eight draws and six defeats), scoring 46 goals and conceding 20 goals. Last season, Sewe defeated Horoya, Al-Hilal and FUS Rabat to reach the group stage. However, they were unable to progress to the semi-finals as they finished in third place in Group B behind Tunisias Esperance and Cameroons Coton Sport. And BYC must cut short their play to make the trip to Lubumbashi in DR Congo to meet Africas richest club TP Mazembein the second round. With a revenue of more than US$19 million and an average attendance of 18,000, BYC will certainly be eager to exchange note with a club that recently bought a second jet.

he Liberia Football Association (LFA) says Red Lions Caf Confederation Cup match with Algerias CS Constantine will go ahead at the ATS on February 28. Despite Tuesdays major press conference announcing game, the LFA has been compelled to clear the air following rumors that the match has been calledoff. LFA communications director Henry Flomo said vice president Musa Shannon has been put in charge of overseeing the two legs. The LFA, in collaboration with the Ministry of Youth & Sports, is working frantically to host the match at 4:00PM on Friday and at the same, put the players in the best of moods. Shannon is in charge of Red Lions as the LFA takes custody of the team for the Caf challenge, home and away. On Friday, February 21, 2014, the leadership of Red Lions Football Club wrote the LFA indicating indigent state in relation to the international encounter. Following meetings between the club and LFA, the football house, considering grave consequences should the club withdraw from the competition at the eleventh hour, had no options but to take administration of the Red Lions during the course of the competition, Flomo posted on Wednesday. Shannon is, therefore, calling on Liberians to turnout support Red Lions as they did for BYC. A 31-man delegation was due on Wednesday night from Algeria with a huge aircraft while the Burkinabe referees and Ghanaian match commissioner are due on Thursday Red Lions qualify by default following the withdrawal of the Guinea Bissaus Estrela de Cantanhz. Still at the LFA, the interuniversity tournament will continue on Wednesday in the semi-finals. Cuttington will take on Stella Maris in game one while Seventh Day Adventist meet Tubman, who arrived from Harper, Maryland County four days ago. The grand final will be played at the Blues Field on Lynch Street on Saturday because Sewe Sport will train at the ATS ahead of Sundays encounter with BYC.

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Monrovia-

Transportation Difficulties As Motor Vehicle Inspection continues

iberians from every walk of life have found it difficult moving from one part of the country to the other due to the current motor vehicle inspection being carried out by the Ministry of Transport in collaboration with the Liberia National Police. In parts of Monrovia it is a chaotic scene as passengers fight each other to get onboard vehicles to take them to their various destinations. Paynesville-Redlight to Broad Street in the morning is a real challenge as well as in the evening hours when people are returning home from work; some drivers charge as high as L$90 for each person. Duala to Broad Street and Gardnersville are also trouble spots, drivers risking it from these areas charge exorbitantly and for the past few days they have really been making their money. If every car was duly registered as the law requires it would have been better for the people, because drivers would not be escaping the inspection. The transport ministry also has to step in to regulate the transport fares.