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"Stomach
another crisis?" Not through extrajudicial means
but Constitutionally, it can!
Thursday,
January 11, 2006
By
Wollor E. Topor
Tewroh
Wehtoe Sungbeh wrote on the website of The Liberian
Dialogue January 06, 2007, in support of Morlu’s
petition to impeach President Sirleaf. He asked ‘Can
the Liberian people stomach another crisis?’
From
my view, impeaching a Liberian president based on
evidentiary guidelines is a constructional duty of
Liberians, and in no way, it can be seen as a
‘crisis.’ I am very far from being alone in
rejecting any extrajudicial techniques in removing a
constituted elected government from power regardless
of the methods adopted.
Yet,
we cannot deny the fact that any poor governance could
worsen the country’s multitude of problems.
Nevertheless, if we are to do it right this time, let
us start on a good footing. Hypothetically, it is from
this backdrop that the Ellen’s government is
prosecuting the alleged “crooks” in the Gyude
Bryant administration for graft and corruption.
However, the fear of disrupting the fragile
peace in the country for such subject is
understandable.
Having
said that, no one is above the Constitution (what is
good for the ‘Small fishers’ should also be good
for ‘Big fishers’). Any attempt to disrespect the
Constitution could lead to lawlessness again.
While the Constitution protects the President
from any lawsuit during her term of office, she can be
impeached constitutionally.
The
Legislative branch of government has the personal
jurisdiction over her impeachment arbitration (Article
62, c. of the 1984 Constitution). Impeachment hearing
is to give the president the opportunity to vindicate
herself from all allegations (i.e. corruptions,
non-transparent bidding for contracts, etc.).
Equally so, it could mean putting Liberian
young democracy into practical test by going beyond
mere holding of elections, but keeping the political
institutions alive – the executive, legislative, and
judicial functions.
Impeachment
procedures are time-and-resources consuming,
especially so, in Liberia where every cent and
manpower counts for the reconstruction process.
Therefore, any attempt to proceed and resolve
questions of fact in this framework would require the
plaintiffs’ complaints having real and hardcore
evidences (material, relevant, and competent).
In
similar manner, expert witnesses should be credible,
qualified by proof of their skills and knowledge or
experience that would give probable cause for any
impeachment. The Legislature is to determine the
procedures for impeachment. I would think hearsay may
not be admissible to verify the issues in dispute by
the August Body (Congress). In case the plaintiffs are
not armed with these, I beg to say that there is no
need of wasting meager resources for any fruitless
venture. Liberia is not a laboratory for those who
want fame.
The
Morlu’s petition to impeach the president on the
alleged charges should not be swept under carpet if
Liberia is to move on smoothly. Mr. Morlu is sending a
signal that the president could be driving fast over a
steep cliff and there is a need to slow her down and
check if the vehicle is in perfect condition to avoid
it running over the cliff.
If the president does not clear herself from
these allegations therein lies the crux of problem for
her administration not moving on.
Morlu’s
petition or alleged charges should be handed in an
orderly manner:
1.
The accusation of using extrajudicial means by
power-hungry elites that led to the 14-year civil war
and the suffering of Liberians, which Mrs. Sirleaf was
supposedly involved needs to be brought to a close.
The extent of her involvement should be established.
Since there is still a clamor on this issue, Madam
Sirleaf should have been one of the first to face the
Commission of Truth and Reconciliation. It is not late to prove correct her innocent or level of
contribution.
2. No corrupted
government has the political will in eradicating
poverty. Contradictorily, as it is well documented,
rampant corruption in higher places breed poverty.
Bluntly put, poverty is the enemy to good
governance. Madam Johnson-Sirleaf poverty reduction
policy should be blind justice in dealing with the
corruptible.
3. The
National Legislature should come up with clear-cut
laws in bids and awards of government contracts. This
should reduce the acquisitions of ‘non-transparent
bidding for contracts.’ The people have the right to
information as to how and who are to exploit their
natural resources and the revenues collected as well
as the sharing of benefits or how their money is to be
spent in terms of awarding contracts.
4. In
most democracies, there is an assumption that anyone
holding public office is accountable to the public,
and should relinquish this office if there is serious
doubt on his or her decency.
An effectiveness of any government is its
ability to be closer and responsive to the needs and
demands of the people. Those career executives who the
ordinary Liberians see as arrogant should be weeded
out.
These
and others allegations, if not settled, could derail
the enormous efforts by President Ellen Johnson-Sirleaf
administration in crisis prevention and peace
building. Moreover,
when most of the people are living in the sea of
abject poverty while few privileged exhibit
conspicuous consumption could spark another social
movement. This is the actual crisis that Liberians should worry over
rather than testing the democratic process through
genuine impeachment.
Wollor E. Topor lives in the Philippines
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