Does The Law Allow Indefinite Suspension of Election Commission Chairperson?

The National Elections Commission (NEC) is an autonomous public commission that is responsible for conducting elections for all elective public offices and administering and enforcing all election laws throughout the Republic of Liberia.

NEC evolved from its predecessor, the Elections Commission (ECOM), which was established under Article 89 of the Liberian Constitution. Originally consisting of five commissioners, ECOM was expanded to seven commissioners through legislative action in 2003, a change later confirmed by the Comprehensive Peace Agreement (CPA) signed in Accra.

The CPA led to the formal establishment of NEC in February 2004, which maintains the same authorities as ECOM, as outlined in the New Elections Law of 1986.

Davidetta Browne Lansanah, Chairperson of the National Elections Commission (NEC), was appointed on 10th April 2020 by ex-President George Weah, who had earlier nominated and appointed her as Co-chair on 3rd April 2020 following her confirmation by the Liberian Senate.

On January 15, 2025, President Joseph N. Boakai suspended Brown-Lansanah indefinitely for actions violating the Election Law.

Boakai said Brown-Lansanah, without proper consultation from the Board of Commissioners into the aggrieved NEC workers' complaint, unilaterally announced the closure of the office for one month, thereby dismissing 25 employees. 

Section 2.1 and Section 2.1 (d) of the Election Law provide that the NEC Board of Commissioners must act collectively on institutional matters, which include employee disciplinary actions. 

The president further stated that the chairperson took independent action against employees while a committee was already investigating worker grievances, violating the law and potentially destabilizing the institution despite the legal requirement.

On November 6, 2024, NEC staffers staged a protest at the headquarters of NEC demanding the settlement of their 12 months of unpaid benefits and salary arrears. 

Musa H. Bility, Nimba County District #7 Representative who is also a member of the “Rule of Law Caucus,” said the President's decision to suspend the NEC Chairperson violates constitutional principles and threatens Liberia's democratic stability.

He pointed out three key points: the NEC is constitutionally protected as a tenured institution, and according to Supreme Court rulings, suspension of tenured officers effectively equals removal, which requires impeachment through the Legislature. 

Additionally, Bility said the removal of a chairperson who recently oversaw a contested election undermines public confidence in the electoral system. Also, this action sets a dangerous precedent that weakens institutional independence.

Cllr. Gerald Dan Yeakula, lawyer and researcher at the Center for Transparency and Accountability in Liberia (CENTAL), said Section 2.2 of the New Elections Law of 1986 permits the residential removal of commissioners for "proven misconduct," but fails to define what constitutes misconduct or establish clear procedures for such removals. 

“This creates notable ambiguity, particularly when compared to most recent legislation like the 2022 Anti-Corruption Commission Act, which requires presidents to submit evidence of misconduct to the Senate for review and final determination. “

According to Yeakula, the 39-year-old election law lacks such modern procedural safeguards. It fails to specify whether the removal authority lies with the President, Senate, or the broader Legislature of the NEC Commissioner for proven misconduct. 

Yeakula argues that an indefinite suspension effectively amounts to removal from office. Therefore, “the indefinite suspension of Browne Lansanah amounts to removal. Since an investigation was done, one could say that proof of 'misconduct' was established. It could also be said that the President has the proper authority to remove a NEC commissioner if misconduct is proven.”

Yeakula emphasized that this legislative weakness could leave NEC Commissioners vulnerable to interference and advocated for amending the law to provide better safeguards. 

“I think that the law is weak in terms of properly protecting NEC Commissioners as the LACC law has done, including a provision that the President submits evidence to the Senate for action. The law must be amended to avert future interference with NEC,” Atty. Yeakula said. 

Cllr. Frances Johnson Allison, former Chief Justice and former chairperson of the NEC, said the new election law has absolutely nothing to do with the President's decision to suspend an appointee. 

“Presidential appointees serve at the will and pleasure of the President. The election law does not specify limitations on when the President can suspend appointees, as this is within the President's constitutional authority—they have the power both to appoint and to suspend when they lose confidence in an appointee's performance, particularly when the appointee's actions warrant such measures.”

Cllr. Allison said there is a process for redress—”If an appointee believes their suspension was unjustified, they can appeal through proper channels by submitting a formal communication that clearly outlines their justification for why the suspension should not be reconsidered.”

Conclusion: While the President cited clear violations of Section 2.1 of the Election Law regarding collective decision-making, the case reveals critical gaps in the 1986 New Elections Law concerning commissioner removal procedures, according to Cllr. Yeakula.

While legal experts and representative Bility are divided, Atty. Yeakula suggests there is a need to modernize Liberia's election laws to protect institutional independence while maintaining accountability, potentially following the model of more recent legislation like the 2022 Anti-Corruption Commission Act, which provides clearer procedural safeguards.