Understanding Liberia's Code of Conduct Controversy

 

A political controversy has erupted in Liberia over senior Unity Party officials who hold presidential appointments allegedly engaging in campaign activities for an upcoming bi-election in Nimba County. 

The pending bi-election schedule for 22nd April is due to the death of former rebel leader and politician Prince Johnson, who controlled the county for over a decade. Those high-ranking government officials allegedly involved:

To this end, the Citizen Movement for Change has filed a complaint claiming the above government officials violated section 5.1 of the Code of Conduct. 

The Code of Conduct is a legislative framework established in 2014 to regulate the behavior and ethical standards of all public officials and employees of the Liberian government. 

It was mandated by Article 90 of the 1986 Constitution and signed into law by former President Ellen Johnson Sirleaf to promote transparency, accountability, and integrity in public service.

Section 5.1 which the party claimed was violated by those officials, specifically states that officials appointed by the President of Liberia shall not:

What's their defense?  

The officials have offered several defenses:

 Cornelia W. Kruah, Deputy Minister for Administration at the Ministry of State for Presidential Affairs, in responding to the subject, stated that the constitution provides the right to associate.

 

“ None of us used any government logistics, nor went there during work hours. It was on a Sunday. Those aggrieved have ve remedy at law. Let’s test the law,” she said. 

Fubbi F.A. Henries criticized the Code of Conduct, arguing that it contains constitutional violations. According to Henries, the Code contradicts Chapter 3 of the Constitution, which outlines Fundamental Rights.

Henries specifically objects to what he perceives as unequal treatment between lawmakers and appointed officials. He questions why appointed officials must resign before running for office, while lawmakers are exempt from this requirement.

Similarly, he criticizes provisions that prevent appointed officials from campaigning for candidates while lawmakers face no such restrictions.

Henries characterizes the Code as a "selfish" and "draconian" law passed by "greedy lawmakers" and advocates for citizens to petition the Supreme Court to nullify portions of the Code that he believes are inconsistent with constitutional rights.

Mo Ali, Managing Director at Liberia Water and Sewer Corporation (LWSC), refers to Section 5.10 of the Code of Conduct titled "Avoidance of Conflict-Political and Work," which states: "Every Employee of Government shall ensure that his or her participation in political activities does not bring him or her in conflict with official duties."

Ali argues that this provision applies to all government employees, particularly those who work under the President's supervision.

However, Ali emphasizes that Part V, Section 5.1 of the Code of Conduct conflicts with constitutional rights to freely participate in political activities, rendering it void. "Any law that violates a person's constitutional right is void ab initio, as lawyers would say," states Ali.

"For reference, Part V, Section 5.1 of the Code of Conduct stipulates: "All officials appointed by the President of the Republic of Liberia shall not: Engage in political activities, canvass or contest for elected offices, use government facilities, equipment or resources in support of partisan or political activities, serve on a campaign team of any political party, or the campaign of any independent candidate," Ali said.

Amos Tweh, Managing Director of the Liberia Petroleum Refining Company (LPRC), in an interview on the OKAY FM Morning Rush, stated that appointed officials are not in violation of Section 5.1 of the Code.

He said, "We are Liberians and have the right under the Constitution of Liberia to associate, vote, and canvass. What we did not do was run campaign activities on Monday or working days, and the law makes it clear that you cannot use government property to campaign. Our visit to Ganta was to convey a message from the Executive Committee of the Unity Party and the collective decision to the candidates that the UP and its allies support in Nimba County.”

He mentioned that in that video circulating, it was a meeting held within the compound of the Vice President of Liberia. Adding that they were in that place on the weekend and did not use government resources.

Therefore, if anyone claims that they (appointed officials) violated the Code of Conduct, that person needs to point out the violation when the Constitution of Liberia makes it clear. “Are you telling me that as a Liberian, I'm not entitled to tell someone who to vote for if I go on a non-working day?"

What does the Office of the Ombudsman say?  

The Office of the Ombudsman was established as an independent, autonomous body responsible for the enforcement, oversight, monitoring, and evaluation of adherence to the Code of Conduct. The Ombudsman investigates all complaints regarding Code of Conduct violations. When private citizens, public officials, or government employees are found guilty of violating the code, the Ombudsman submits these findings to the Liberia Anti-Corruption Commission (LACC) or other relevant government agencies for appropriate action. 

Cllr. Lamii Kpargoi, Ombudsperson, has clarified:

What's the current status?  

The Office of the Ombudsman is investigating approximately 20 appointed officials for allegedly violating Section 5.1 of the Code. However, they have not yet formally received the complaint from the Citizen Movement for Change that has been circulating on social media.

Conclusion: This controversy highlights the tension between constitutional rights to political participation and the ethical constraints placed on appointed officials. The outcome could set important precedents for how political appointees navigate their dual roles as government officials and political party members in Liberia's democratic system.