Liberia’s House of Representatives Halts Controversial Anti-Corruption Amendment
In a pivotal move last Thursday, Liberia’s House of Representatives stopped a contentious proposal that aimed to expand presidential power over the Anti-Corruption Commission (LACC). Lawmakers returned the proposed amendment back to committee after expressing concerns that it might erode constitutional safeguards and compromise the commission’s independence.
During the 14th Day’s Sitting of the First Quarter of the Third Session, representatives unanimously agreed to delay further deliberation on the amendment. They opted instead to refer the proposal to the Joint Committee on Public Accounts and Expenditure, Judiciary, and Good Governance & Government for an additional three weeks of thorough examination.
The proposed changes to the LACC Act sought to remove the requirement that two-thirds of the Senate must approve the removal of LACC commissioners. Instead, it would empower the President to terminate commissioners upon establishing “probable cause,” without any legislative oversight. This has ignited a robust debate about the boundaries of executive authority in Liberia.
Constitutional Concerns Raised by Lawmakers
Supporters of the decision to pause the amendment highlighted serious constitutional issues associated with the proposed changes, specifically concerning due process and the separation of powers. Lawmakers pointed out that the amendment could violate Article 20(a) and Article 11(c) of the 1986 Constitution, which guarantee due process protections and equal treatment under the law.
Montserrado County District 3 Representative Melvin Cole, who proposed returning the bill to committee, stated that the Joint Committee’s findings justified the cautious approach. “We should proceed with robust scrutiny due to valid constitutional issues raised by the committee,” he emphasized.
In contrast, Nimba County District 7 Representative Musa Bility took a more assertive stance, suggesting that the entire proposal be sent back to the Executive Branch for reconsideration. “I believe the President may not fully understand the implications of this law,” Bility asserted, pointing out its potential constitutional infringements.
Committee Warning on Revised Legal Standards
The Joint Committee’s report sounded alarms regarding the potential impact of the proposed amendments on critical legal standards that govern criminal prosecution in Liberia. They warned that changes could alter existing statutes of limitations and the burden of proof, possibly leading to conflicts with constitutional protections.
Moreover, the committee indicated that the amendments could undermine the institutional independence of the LACC and blur the critical separation between the executive and legislative branches. They urged lawmakers to notify the President about the significant constitutional risks posed by the proposal and recommended broader consultations with legal experts and civil society organizations before advancing any changes to Liberia’s anti-corruption framework.
LACC Chairperson Voices Strong Opposition
During hearings last month, Cllr. Alexandra Zoe, chairperson of the LACC, cautioned lawmakers that enabling the President to remove commissioners unilaterally would fundamentally compromise the commission’s independence. “Allowing such removal authority directly undermines the Commission’s survival, essential for its success,” Zoe told the assembly.
Emphasizing the importance of security of tenure, she stated, “It is not merely a privilege; it is a safeguard.” Zoe warned that anti-corruption bodies must operate free from political pressures, particularly from the branches of government they are tasked with investigating.
Referencing international anti-corruption norms, she cited Article 6 of the United Nations Convention Against Corruption, asserting that independent oversight bodies should be shielded from undue political influence.
Law Reform Commission Defends Amendment
In contrast to the wide critique, the Law Reform Commission has shown strong backing for the amendment, claiming that the existing protections limiting the President’s removal powers are themselves unconstitutional. Cllr. Bornor M. Varmah, chairman of the commission, argued that the Constitution grants the President authority over appointees in the Executive Branch and any laws that contradict this supremacy are subordinate to the Constitution.
Varmah further dismissed concerns that extending removal powers would hinder anti-corruption efforts, insisting that officials who act improperly should be removable at the President’s discretion.
Potential Long-Term Implications
Experts warn that if the amendment is finalized, it could open the door for revisiting tenure protections at other vital governance institutions in Liberia, such as the Liberia Revenue Authority and the Public Procurement and Concessions Commission, which are designed to offer their officials protection from political shifts.
Some senators have privately expressed support for the House’s decision, recognizing it as a commitment to uphold the independence of the LACC and maintain the country’s anti-corruption framework. “The House made the right call,” one senator remarked. “This shows lawmakers are serious about preserving checks and balances.”
The LACC itself was reconstituted in 2022 under former President George Weah, but ongoing debates about the legal frameworks surrounding its operation, particularly concerning tenure and removal procedures, continue to provoke intense discussion.
— Reported by Nexio News
