A Non-Partisan Political Forum Devoted to Education and Discourse on the Liberian Constitution and Election Laws
We have published below the full text of the Constitution of Liberia. We have made the document navigable and easy to access. You may go directly to any Chapter or Article by simply clicking on its title in the Table of Contents. The number to the right of each Chapter and Article is the page number as it appears in the official publication.
APPROVED REVISED DRAFT CONSTITUTION OF THE REPUBLIC OF LIBERIA
PREAMBLE 1
CHAPTER I STRUCTURE OF THE STATE 2
CHAPTER II GENERAL PRINCIPLES OF NATIONAL POLICY 3
CHAPTER III FUNDAMENTAL RIGHTS 5
CHAPTER IV CITIZENSHIP 14
CHAPTER V THE LEGISLATURE 14
CHAPTER VI THE EXECUTIVE 22
CHAPTER VII THE JUDICIARY 27
CHAPTER VIII POLITICAL PARTIES AND ELECTIONS 31
CHAPTER IX EMERGENCY POWERS 37
CHAPTER X AUTONOMOUS PUBLIC COMMISSIONS 39
CHAPTER XI MISCELLANEOUS 40
CHAPTER XII AMENDMENTS 40
CHAPTER XIII TRANSITIONAL PROVISIONS 41
SCHEDULE 40
APPROVED REVISED DRAFT
CONSTITUTION OF THE REPUBLIC OF LIBERIA
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER I STRUCTURE OF THE STATE
Article 1. Power of the People 2
Article 2. Supremacy of the Constitution 2
Article 3. Counties of the Republic and Form and Branches of Government 2
CHAPTER II GENERAL PRINCIPLES OF NATIONAL POLICY
Article 4. Effects of General Principles and Policy 3
Article 5. Principles on Unity and Culture 3
Article 6. Principles on Equality in Educational Opportunities 3
Article 7. Principles on Management of National Economy 4
Article 8. Principles on Non-discrimination in Employment Opportunities 4
Article 9. Principles on Regional and Bilateral Cooperation 4
Article 10. Publication, Dissemination and Teaching of the Constitution 4
CHAPTER III FUNDAMENTAL RIGHTS
a. Right to Life, Liberty, Security and Property 5
b. Entitlement to Fundamental Rights 5
c. Right to Equal Protection of the Law 5
Article 12. Prohibition Against Slavery and Forced Labor 5
a. Right to Freedom of Movement 5
b. Right to Leave and Enter the Republic and Extradition of
Liberian Citizens and Non-Liberian Residents 5
Article 14. Right to Freedom of Thought, Conscience and Religion 6
a. Right to Freedom of Expression 6
b. Scope of Right to Freedom of Expression 6
c. Right of Public to be Informed 6
d. Right of Access to State Owned Media 7
e. Limitation of Freedom of Expression 7
Article 16. Right to Privacy 7
Article 17. Right to Peaceful Assembly and Association 7
Article 18. Right to Equal Opportunity for Work and Employment 7
Article 19. Right not to be Subject to Military Law 8
a. Right to Jury Trial and Due Process of Law 8
b. Right to Appeal 8
a. Prohibition of Retroactive Law, Bill of Attainder and
Ex Post Facto Law 8
b. Prohibition Against Illegal Search or Seizure 8
c. Right to be Informed of Charges and
Right to Remain Silent 9
d. i. Right to Bail 9
ii. Prohibition Against Excessive Bail, Fines and Punishment 9
e. Prohibition Against Torture or Inhumane Treatment 9
f. Right to be Presented before Court 9
g. Right to Writ of Habeas Corpus 10
h. Right to an Indictment by a Grand Jury when Charged with
Infamous or Capital Offense 10
i. Inviolability of Right to Counsel 10
j. Right to Enjoyment of Civil Rights and Liberties After
Service of Penalty or Upon Pardon 11
a. Right to Own Property 11
b. Scope of Right to Own Property 11
c. Right of Non-Citizen Missionary, Educational and
Benevolent Institutions to Own Real Property 11
d. Right of Republic to Convey Real Property
To Foreign Government 11
a. Property Right of Spouse in or After Marriage 12
b. Legislative Enactment of Laws on Devolution of Estates 12
a. Right of Republic to Expropriate Private Property 12
b. Forfeiture of Property Right by Denaturalized Citizens 13
c. Prohibition Against Inclusion of Forfeiture of Right of
Inheritance in Punishment for Crime 12
Article 25. Prohibition Against Impairment of Right to Contract 13
Article 26. Right to Sue the Republic or other Persons for Fundamental
Rights Violations 13
a. Citizenship on Coming info Force of Constitution 14
b. Eligibility for Citizenship by Birth and Naturalization
Restricted to Negroes 14
c. Legislature to Prescribe Standard for Citizenship 14
Article 28 Right to Citizenship 14
Article 29. Establishment of Legislature 14
Article 30. Qualifications for Membership of Legislature 15
Article 31. Oath of Members 15
a. Sessions of Legislature 15
b. Right of President to Extend Session for Emergency 15
Article 33. Quorum 16
Article 34. Powers of Legislature 16
Article 35. Veto of Proposed Legislation by President 18
Article 36. Remuneration for Members of Legislature 18
Article 37. By-Election to Fill Vacancy 18
Article 38. Power of Legislature to Adopt Own Rules 19
Article 39. Legislature to Authorize Census 19
Article 40. Adjournment of Legislature 19
Article 41. Languages to Conduct Business 19
Article 42. Immunity of Members of Legislature 19
Article 43. Impeachment Power of Legislature 20
Article 44. Contempt of the Legislature 20
Article 45. Term of Office of Senators 20
Article 46. Staggering of Senatorial Terms 21
Article 47. Election of Officers of Senate 21
Article 48. Term of Office of Members of House of Representatives 21
Article 49. Election of Officers of House of Representatives 21
Article 50. Establishment of the Office of President and Tenure of
Office of President 19
Article 51. Establishment of the Office of Vice President and
Prescribing Term of Office 19
Article 52. Qualifications for Election to Office of President and
Vice President 19
Article 53. Oath of President and Vice President 19
Article 54. Appointment Power of Vice President 20
Article 55. Appointment Power of President of Notaries Public
And Justices of the Peace 20
a. Removal Power of the President 20
b. Elections and Removal of Chiefs 20
Article 57. Presidential Power to Conduct Foreign Affairs 21
Article 58. President to Present Annual Legislative Programs 21
Article 59. Power of President to Pardon 21
Article 60. Compensation for President and Vice President 21
Article 61. Immunity of President 21
Article 62. Removal of President and Vice President from Office 21
a. Accession to Presidency by Vice President-Elect
After Death or Inability of President-Elect 22
b. Completion of an Unexpired Presidential Term by Vice President 22
c. Guidelines and Procedures to Declare the President Incapable to
Carry out the Duties of His Office 22
d. Power of President to Nominate a Vice President 22
Article 64. Accession to the Presidency in the Event of Vacancy In Offices of
The President and the Vice President 22
Article 65. Vesting of Judicial Powers in the Supreme Court 23
Article 66. Supreme Court to Have Final Appellate Jurisdiction 23
Article 67. Composition of Supreme Court 23
Article 68. Qualifications for Appointment as Justices of Supreme Court 23
Article 69. Qualifications for Appointment as Judges of Subordinate Courts 24
Article 70. Oaths of Justices and Judges 24
Article 71. Tenure and Impeachment of Justices and Judges 24
a. Salaries and Allowance of Justices and Judges 24
b. Retirement Age of Justices and Judges 24
Article 73. Immunity of Justices and Judges 25
Article 74. Contempt Power of Courts 25
Article 75. Power of Supreme Court to Make Rules of Court and Prescribe
Code of Conduct for Lawyers 25
Article 76. Treason
a. Definition of Treason 25
b. Legislature to Prescribe Punishment for Treason 26
CHAPTER VIII POLITICAL PARTIES AND ELECTIONS
a. Establishment of Political Parties 27
b. Conduct of Elections and Eligibility Criteria for
The Exercise of the Right to Vote 27
Article 78. Definition of "Association" "Political Parties" and "Independent Candidate"
27
a. Criteria for Registration as a Political Party or Independent Candidate
27
b. Membership of Political Party or Independent Candidate's Organization 28
c. Location of Headquarters of Political Party and Independent Candidate 28
d. Limitation on Name, Objective, Emblem and Motto of Political Party
And Independent Candidate 28
e. Constitution and Rules of Political Party and Independent Candidate 28
a. Power of Elections Commission to Deny Registration of Political Party
Or Independent Candidate 28
b. Power of Elections Commission to Revoke Registration of Political
Party or Independent Candidate 28
c. Right of Citizen to Vote and Change Constituency 28
d. Creation and Limitation of Constituency 29
e. Right of Elections Commission to Reapportion Constituencies 29
Right of Citizen, Political Party, Organization or Association to Canvass
for Votes in an Election 29
a. Right of Citizen, Association or Organization to Contribute Funds to
Political Party or Independent Candidate 29
b. Prohibition on Possession of Funds Outside the Republic or
Contribution From Outside the Republic to any Political Party or
Independent Candidate 29
c. Power of Elections Commission to Examine and Audit the Books of
Political Parties or Independent Candidates 29
a. Time for Conducting General Elections 30
b. Elections of Public Officers to be Determined by Absolute Majority 30
c. Power of Elections Commission to Declare Results of Elections and
Right of Appeal by Any Aggrieved Party or Candidate 30
d. Publication of Statements of Assets and Liabilities by Political Parties and
Independent Candidates 30
Article 84. Legislature to Provide Penalties for Violation of Chapter and Enact Laws in
Furtherance of Constitution 31
Article 85. Power of President to Order Armed Forces into State of Combat Readiness 32
a. Power of President to Declare State of Emergency 32
b. Conditions Under which State of Emergency may be Declared 32
a. Limitations on Use of Emergency Powers 32
b. Right to Writ of Habeas Corpus not Affected by State of Emergency 32
Article 88. The Establishment of Autonomous Public Commissions and Power of
Legislature to Enact Laws for their Governance 32
CHAPTER X AUTONOMOUS PUBLIC COMMISSIONS
Article 89. The Establishment of Autonomous Public Commissions and Power of
Legislature to Enact Laws for their Governance 34
Article 90. a. Prohibition Against Conflict of Interest 35
b. Prohibition Against Public Officials Demanding and Receiving
Perquisites for Duties Legally Required 35
c. Power of Legislature to Prescribe Code of Conduct Against
Conflict of Interest 35
Article 91. Initiation and Process of Amendment 36
Article 92. Publication of Proposal for Amendment and Separately Itemizing
Amendments Sought 36
Article 93. Limitation of Presidential Terms of Office 36
CHAPTER XIII TRANSITIONAL PROVISIONS
a. Persons Elected Prior to Promulgation of Constitution to be
Considered Duly Elected Under Constitution 37
b. Swearing in of Newly Elected President on April 12, 1985 and
Coming into Force of Constitution 37
c. Convening of Newly Elected Legislature 37
d. Position of Persons Appointed Prior to Coming into
Force of the Constitution 37
a. Abrogation of Constitution of July 26, 1847 37
b. Status of Treaties, Executive and Other Agreements Concluded by
Prior Governments 38
c. Status of Foreign and Domestic Debts Concluded by
Prior Governments 38
a. Continuity of Judiciary After the Coming Into Force of the
Constitution and Power of President to Appoint 38
b. Legal Proceedings Concluded not to be Commenced Anew 38
a. Prohibition Against Question in Judicial or Other Forums of Actions
Taken by or in the Name of People's Redemption Council 39
b. Prohibition Against Court Entertaining any Action which Brought
Change of Government on April 12, 1980 or any Other Act by
People's Redemption Council 39
SCHEDULE
Schedule to Form Integral Part of Constitution
Oaths for Public Officials
We the People of the Republic of Liberia:
Acknowledging our devout gratitude to God for our existence as a Free, Sovereign
and Independent State, and relying on His Divine Guidance for our survival as a
Nation;
Realizing from many experiences during the course of our national existence
which culminated in the Revolution of April 2, 1980, when our Constitution of
July 26, 1847 was suspended, that all of our people, irrespective of history,
tradition, creed or ethnic background are of one common body politic;
Exercising our natural, inherent and inalienable rights to establish a framework
of government for the purpose of promoting unity, liberty, peace, stability,
equality, justice and human rights under the rule of law, with opportunities for
political, social, moral, spiritual and cultural advancement of our society, for
ourselves and for our posterity; and
Having resolved to live in harmony, to practice fraternal love, tolerance and
understanding as a people and being fully mindful of our obligation to promote
African unity and international peace and cooperation,
Do hereby solemnly make, establish, proclaim and publish this Constitution for
the governance of the Republic of Liberia.
CHAPTER I
All power is inherent in the people. All free governments are instituted by
their authority and for their benefit and they have the right to alter and
reform the same when their safety and happiness so require. In order to ensure
democratic government which responds to the wishes of the governed, the people
shall have the right at such period, and in such manner as provided for under
this Constitution, to cause their public servants to leave office and to fill
vacancies by regular elections and appointments.
This Constitution is the supreme and fundamental law of Liberia and its
provisions shall have binding force and effect on all authorities and persons
throughout the Republic.
Any laws, treaties, statutes, decrees, customs and regulations found to be
inconsistent with it shall, to the extent of the inconsistency, be void and of
no legal effect. The Supreme Court, pursuant to its power of judicial review, is
empowered to declare any inconsistent laws unconstitutional.
Liberia is a unitary sovereign state divided into counties for administrative
purposes. The form of government is Republican with three separate coordinate
branches: the Legislative, the Executive and the Judiciary. Consistent with the
principles of separation of powers and checks and balances, no person holding
office in one of these branches shall hold office in or exercise any of the
powers assigned to either of the other two branches except as otherwise provided
in this Constitution; and no person holding office in one of the said branches
shall serve on any autonomous public agency.
CHAPTER II
The principles contained in this Chapter shall be fundamental in the governance
of the Republic and shall serve as guidelines in the formulation of legislative,
executive and administrative directives, policy-making and their execution.
The Republic shall:
a) aim at strengthening the national integration and unity of the people of
Liberia, regardless of ethnic, regional or other differences, into one body
politic; and the Legislature shall enact laws promoting national unification and
the encouragement of all citizens to participate in government;
b) preserve, protect and promote positive Liberian culture, ensuring that
traditional values which are compatible with public policy and national progress
are adopted and developed as an integral part of the growing needs of the
Liberian society;
c) take steps, by appropriate legislation and executive orders, to eliminate
sectionalism and tribalism, and such abuses of power as the misuse of government
resources, nepotism and all other corrupt practices.
The Republic shall, because of the vital role assigned to the individual citizen
under this Constitution for the social, economic and political well-being of
Liberia, provide equal access to educational opportunities and facilities for
all citizens to the extent of available resources. Emphasis shall be placed on
the mass education of the Liberian people and the elimination of illiteracy.
The Republic shall, consistent with the principles of individual freedom and
social justice enshrined in this Constitution, manage the national economy and
the natural resources of Liberia in such manner as shall ensure the maximum
feasible participation of Liberian citizens under conditions of equality as to
advance the general welfare of the Liberian people and the economic development
of Liberia.
The Republic shall direct its policy towards ensuring for all citizens, without
discrimination, opportunities for employment and livelihood under just and
humane conditions, and towards promoting safety, health and welfare facilities
in employment.
The Republic shall encourage the promotion of bilateral and regional cooperation
between and among Liberia and other nations and the formation and maintenance of
regional organizations aimed at the cultural, social, political and economic
development of the peoples of Africa and other nations of the world.
The Republic shall ensure the publication and dissemination of this Constitution
throughout the Republic and the teaching of its principles and provisions in all
institutions of Learning in Liberia.
CHAPTER III
a) All persons are born equally free and independent and have certain natural,
inherent and inalienable rights, among which are the right of enjoying and
defending life and liberty, of pursuing and maintaining the security of the
person and of acquiring, possessing and protecting property, subject to such
qualifications as provided for in this Constitution.
b) All persons, irrespective of ethnic background, race, sex, creed, place of
origin or political opinion, are entitled to the fundamental rights and freedoms
of the individual, subject to such qualifications as provided for in this
Constitution.
c) All persons are equal before the law and are therefore entitled to the equal
protection of the law.
No person shall be held in slavery or forced labor within the Republic, nor
shall any citizen of Liberia nor any person resident therein deal in slaves or
subject any other person to forced labor, debt bondage or peonage; but labor
reasonably required in consequence of a court sentence or order conforming to
acceptable labor standards, service in the military, work or service which forms
part of normal civil obligations or service exacted in cases of emergency or
calamity threatening the life or well-being of the community shall not be deemed
forced labor.
a) Every person lawfully within the Republic shall have the right to move freely
throughout Liberia, to reside in any part thereof and to leave therefrom subject
however to the safeguarding of public security, public order, public health or
morals or the rights and freedoms of others.
b) Every Liberian citizen shall have the right to leave and to enter Liberia at
any time. Liberian citizens and non-Liberian residents may be extradited to a
foreign country for prosecution of a criminal offense in accordance with the
provisions of an extradition treaty or other reciprocal international agreements
in force. Non-Liberian residents may be expelled from the Republic of Liberia
for cause.
All persons shall be entitled to freedom of thought, conscience and religion and
no person shall be hindered in the enjoyment thereof except as may be required
by law to protect public safety, order, health, or morals or the fundamental
rights and freedoms of others. All persons who, in the practice of their
religion, conduct themselves peaceably, not obstructing others and conforming to
the standards set out herein, shall be entitled to the protection of the law. No
religions denomination or sect shall have any exclusive privilege or preference
over any other, but all shall be treated alike; and no religious tests shall be
required for any civil or military office or for the exercise of any civil
right. Consistent with the principle of separation of religion and state, the
Republic shall establish no state religion.
a) Every person shall have the right to freedom of expression, being fully
responsible for the abuse thereof. This right shall not be curtailed, restricted
or enjoined by government save during an emergency declared in accordance with
this Constitution.
b) The right encompasses the right to hold opinions without interference and the
right to knowledge. It includes freedom of speech and of the press, academic
freedom to receive and impart knowledge and information and the right of
libraries to make such knowledge available. It includes non-interference with
the use of the mail, telephone and telegraph. It likewise includes the right to
remain silent.
c) In pursuance of this right, there shall be no limitation on the public right
to be informed about the government and its functionaries.
d) Access to state owned media shall not be denied because of any disagreement
with or dislike of the ideas express. Denial of such access may be challenged in
a court of competent jurisdiction.
e) This freedom may be limited only by judicial action in proceedings grounded
in defamation or invasion of the rights of privacy and publicity or in the
commercial aspect of expression in deception, false advertising and copyright
infringement.
No person shall be subjected to interference with his privacy of person, family,
home or correspondence except by order of a court of competent jurisdiction.
All persons, at all times, in an orderly and peaceable manner, shall have the
right to assemble and consult upon the common good, to instruct their
representatives, to petition the government or other functionaries for the
redress of grievances and to associate fully with others or refuse to associate
in political parties, trade unions and other organizations.
All Liberian citizens shall have equal opportunity for work and employment
regardless of sex, creed, religion, ethnic background, place of origin or
political affiliation, and all shall be entitled to equal pay for equal work.
No person other than members of the Armed Forces of Liberia or of the militia in
active service shall be subject to military law, or made to suffer any pains or
penalties by virtue of that law, or be tried by courts-martial.
a) No 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. Justice shall be done without sale, denial
or delay; and in all cases not arising in courts not of record, under
courts-martial and upon impeachment, the parties shall have the right to trial
by jury.
b) The right of an appeal from a judgment, decree, decision or ruling of any
court or administrative board or agency, except the Supreme Court, shall be held
inviolable. The Legislature shall prescribe rules and procedures for the easy,
expeditious and inexpensive filing and hearing of an appeal.
a) No person shall be made subject to any law or punishment which was not in
effect at the time of commission of an offense, nor shall the Legislature enact
any bill of attainder or ex post facto law.
b) No person shall be subject to search or seizure of his person or property,
whether on a criminal charge or for any other purpose, unless upon warrant
lawfully issued upon probable cause supported by a solemn oath or affirmation,
specifically identifying the person or place to be searched and stating the
object of the search; provided, however, that a search or seizure shall be
permissible without a search warrant where the arresting authorities act during
the commission of a crime or in hot pursuit of a person who has committed a
crime.
c) Every person suspected or accused of committing a crime shall immediately
upon arrest be informed in detail of the charges, of the right to remain silent
and of the fact that any statement made could be used against him in a court of
law. Such person shall be entitled to counsel at every stage of the
investigation and shall have the right not to be interrogated except in the
presence of counsel. Any admission or other statements made by the accused in
the absence of such counsel shall be deemed inadmissible as evidence in a court
of law.
d) (i) All accused persons shall be bailable upon their personal recognizance or
by sufficient sureties, depending upon the gravity of the charge, unless charged
for capital offenses or grave offenses as defined by law.
(ii) Excessive bail shall not be required, nor excessive fines imposed, nor
excessive punishment inflicted.
e) No person charged, arrested, restricted, detained or otherwise held in
confinement shall be subject to torture or inhumane treatment; nor shall any
person except military personnel, be kept or confined in any military facility;
nor shall any person be seized and kept among convicted prisoners or treated as
a convict, unless such person first shall have been convicted of a crime in a
court of competent jurisdiction. The Legislature shall make it a criminal
offense and provide for appropriate penalties against any police or security
officer, prosecutor, administrator or any other public official acting in
contravention of this provision; and any person so damaged by the conduct of any
such public official shall have a civil remedy therefor, exclusive of any
criminal penalties imposed.
f) Every person arrested or detained shall be formally charged and presented
before a court of competent jurisdiction within forty-eight hours. Should the
court determine the existence of a prima facie case against the accused, it
shall issue a formal writ of arrest setting out the charge or charges and shall
provide for a speedy trial. There shall be no preventive detention.
g) The right to the writ of habeas corpus, being essential to the protection of
human rights, shall be guaranteed at all times, and any person arrested or
detained and not presented to court within the period specified may in
consequence exercise this right.
h) No person shall be held to answer for a capital or infamous crime except in
cases of impeachment, cases arising in the Armed Forces and petty offenses,
unless upon indictment by a Grand Jury; and in all such cases, the accused shall
have the right to a speedy, public and impartial trial by a jury of the
vicinity, unless such person shall, with appropriate understanding, expressly
waive the right to a jury trial. In all criminal cases, the accused shall have
the right to be represented by counsel of his choice, to confront witnesses
against him and to have compulsory process for obtaining witnesses in his favor.
He shall not be compelled to furnish evidence against himself and he shall be
presumed innocent until the contrary is proved beyond a reasonable doubt. No
person shall be subject to double jeopardy.
i) The right to counsel and the rights of counsel shall be inviolable. There
shall be no interference with the lawyer-client relationship. In all trials,
hearings, interrogatories and other proceedings where a person is accused of a
criminal offense, the accused shall have the right to counsel of his choice; and
where the accused is unable to secure such representation, the Republic shall
make available legal aid services to ensure the protection of his rights.
There shall be absolute immunity from any government sanctions or interference
in the performance of legal services as a counsellor or advocate; lawyers'
offices and homes shall not be searched or papers examined or taken save
pursuant to a search warrant and court order; and no lawyer shall be prevented
from or punished for providing legal services, regardless of the charges against
or the guilt of his client. No lawyer shall be barred from practice for
political reasons.
j) Any person who, upon conviction of a criminal offense was deprived of the
enjoyment of his civil rights and liberties, shall have the same automatically
restored upon serving the sentence and satisfying any other penalty imposed, or
upon an executive pardon.
a) Every person shall have the right to own property alone as well as in
association with others; provided that only Liberian citizens shall have the
right to own real property within the Republic.
b) Private property rights, however, shall not extend to any mineral resources n
or beneath any land or to any lands under the seas and waterways of the
Republic. All mineral resources in and under the seas and other waterways shall
belong to the Republic and be used by and for the entire Republic.
c) Non-citizen missionary, educational and other benevolent institutions shall
have the right to own property, as long as that property is used for the
purposes for which acquired; property no longer so used shall escheat to the
Republic.
d) The Republic may, on the basis of reciprocity, convey to a foreign government
property to be used perpetually for its diplomatic activities. This land shall
not be transferred or otherwise conveyed to any other party or used for any
other purpose, except upon the expressed permission of the Government of
Liberia. All property so conveyed may escheat to the Republic in the event of a
cessation of diplomatic relations.
a) The property which a person possesses at the time of marriage or which may
afterwards be acquired as a result of one's own labors shall not be held for or
otherwise applied to the liquidation of the debts or other obligations of the
spouse, whether contracted before or after marriage; nor shall the property
which by law is to be secured to a man or a woman be alienated or be controlled
by that person's spouse save by free and voluntary consent.
b) The Legislature shall enact laws to govern the devolution of estates and
establish rights of inheritance and descent for spouses of both statutory and
customary marriages as to give adequate protection to surviving spouses and
children of such marriages.
a) While the inviolability of private property shall be guaranteed by the
Republic, expropriation may be authorized for the security of the nation in the
event of armed conflict or where the public health and safety are endangered or
for any other public purposes, provided:
(i) that reasons for such expropriation are given;
(ii) that there is prompt payment of just compensation;
(iii) that such expropriation or the compensation offered may be challenged
freely by the owner of the property in a court of law with no penalty for having
brought such action; and
(iv) that when property taken for public use ceases to be so used, the Republic
shall accord the former owner or those entitled to the property through such
owner, the right of first refusal to reacquire the property.
b) All real property held by a person whose certificate of naturalization has
been cancelled shall escheat to the Republic, unless such person shall have a
spouse and/or lineal heirs who are Liberian citizens, in which case the real
property shall be transferred to them in accordance with the intestacy law.
c) The power of the Legislature to provide punishment for treason or other
crimes shall not include a deprivation or forfeiture of the right of
inheritance, although its enjoyment by the convicted person shall be postponed
during a term of imprisonment judicially imposed; provided that if the convicted
person has minor children and a spouse, the spouse or next of kin in the order
of priority shall administer the same. No punishment shall preclude the
inheritance, enjoyment or forfeiture by others entitled thereto of any property
which the convicted person at the time of conviction or subsequent thereto may
have possessed.
Obligation of contract shall be guaranteed by the Republic and non laws shall be
passed which shall impair this right.
Where any person or any association alleges that any of the rights granted under
this Constitution or any legislation or directives are constitutionally
contravened, that person or association may invoke the privilege and benefit of
court direction, order or writ, including a judgment of unconstitutionality; and
anyone injured by an act of the Government or any person acting under its
authority, whether in property, contract, tort or otherwise, shall have the
right to bring suit for appropriate redress. All such suits brought against the
Government shall originate in a Claims Court; appeals from judgments of the
Claims Court shall lie directly to the Supreme Court.
CHAPTER IV
a) All persons who, on the coming into force of this Constitution were lawfully
citizens of Liberia shall continue to be Liberian citizens.
b) In order to preserve, foster and maintain the positive Liberian culture,
values and character, only persons who are Negroes or of Negro descent shall
qualify by birth or by naturalization to be citizens of Liberia.
c) The Legislature shall, adhering to the above standard, prescribe such other
qualification criteria for and the procedures by which naturalization may be
obtained.
Any person, at least one of whose parents was citizen of Liberia at the time of
the person's birth, shall be a citizen of Liberia; provided that any such person
shall upon reaching maturity renounce any other citizenship acquired by virtue
of one parent being a citizen of another country. No citizen of the Republic
shall be deprived of citizenship or nationality except as provided by law; and
no person shall be denied the right to change citizenship or nationality.
CHAPTER V
The legislative power of the Republic shall be vested in the Legislature of
Liberia which shall consist of two separate houses: A Senate and a House of
Representatives, both of which must pass on all legislation. The enacting style
shall be: "It is enacted by the Senate and House of Representatives of the
Republic of Liberia in Legislature assembled."
Citizens of Liberia who meet the following qualifications are eligible to become
members of the Legislature:
a) for the Senate, have attained the age of 30 years and for the House of
Representatives, have attained the age of 25 years;
b) be domiciled in the count y or constituency to be represented not less than
one year prior to the time of the election and be a taxpayer.
Each member of the Legislature, before taking his seat and entering upon the
duties of office, shall take and subscribe to a solemn oath or affirmation,
before the presiding officer of the House to which such person was elected and
in the presence of other members of that House, to uphold and defend the
Constitution and laws of the Republic and to discharge faithfully the duties of
such office.
a) The Legislature shall assemble in regular session once a year on the second
working Monday in January.
b) The President shall, on his own initiative or upon receipt of a certificate
signed by at least one-fourth of the total membership of each House, and by
proclamation, extend a regular session of the Legislature beyond the date for
adjournment or call a special or extraordinary session of that body to discuss
or act upon matters of national emergency and concern. When the extension or
call is at the request of the Legislature, t he proclamation shall be issued not
later than forty-eight hours after receipt of the certificate by the President.
A simple majority of each House shall constitute a quorum for the transaction of
business, but a lower number may adjourn from day to day and compel the
attendance of absent members. Whenever the House of Representatives and the
Senate shall meet in joint session, the presiding officer of the House of
Representatives shall preside.
The Legislature shall have the power:
a) to create new counties And other political sub-divisions, and readjust
existing county boundaries;
b) to provide for the security of the Republic;
c) to provide for the common defense, to declare war and authorize the Executive
to conclude peace; to raise and support the Armed Forces of the Republic, and to
make appropriations therefor, provided that no appropriation of money for that
use shall be for a longer term than one year; and to make rules for the
governance of the Armed Forces of the Republic;
d) to levy taxes, duties, imposts, excise and other revenues, to borrow money,
issue currency, mint coins, and to make appropriations for the fiscal governance
of the Republic, subject to the following qualifications:
(i) all revenue bills, whether subsidies, charges, imposts, duties or taxes, and
other financial bills shall originate in the House of Representatives, but the
Senate may propose or concur with amendments as on other bills. No other
financial charge shall be established, fixed, laid or levied on any individual,
community or locality under any pretext whatsoever except by the expressed
consent of the individual, community or locality. In all such cases, a true and
correct amount of funds collected shall be made to the community or locality;
(ii) no monies shall be drawn from the treasury except in consequence of
appropriations made by legislative enactment and upon warrant of the President;
and no coin shall be minted or national currency issued except by the expressed
authority of the Legislature. An annual statement and account of the receipt and
expenditure of all public monies shall be submitted by the office of the
President to the Legislature and published once a year;
(iii) no loans shall be raised by the Government on behalf of the Republic or
guarantees given for any public institution or authority otherwise than by or
under the authority of a legislative enactment;
e) to constitute courts inferior to the supreme Court, including circuit courts,
claims courts and such other courts with such prescribed jurisdictional powers
as may be deemed necessary for the proper administration of justice throughout
the Republic;
f) to approve treaties, conventions and such other international agreements
negotiated or signed on behalf of the Republic;
g) to regulate trade and commerce between Liberia and other nations;
h) to establish laws for citizenship, naturalization and residence;
i) to enact the election laws;
j) to establish various categories of criminal offenses and provide for the
punishment thereof;
k) to enact laws providing pension scheme for various categories of government
officials and employees in accordance with age and tenure of service; and
l) to make all other laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this Constitution
in the Government of the Republic, or in any department or officer thereof.
Each bill or resolution which shall have passed both Houses of the Legislature
shall, before it becomes law, be laid before the President for his approval. If
he grants approval, it shall become law. If the president does not approve such
bill or resolution, he shall return it, with his objections, to the House in
which it originated. In so doing, the President may disapprove of the entire
bill or resolution or any item or items thereof. This veto may be overridden by
the repassage of such bill, resolution or item thereof by a vote of two-thirds
of the members in each House, in which case it shall become law. If the
President does not return the bill or resolution within twenty days after the
same shall have been laid before him it shall become law in like manner as if he
had signed it, unless the Legislature by adjournment prevents its return.
No bill or resolution shall embrace more than one subject which shall be
expressed in its title.
The Senators and Representatives shall receive from the Republic remuneration
for their services to be fixed by law, provided that any increase shall become
effective at the beginning of the next fiscal year.
In the event of a vacancy in the Legislature caused by death, resignation,
expulsion or otherwise, the presiding officer shall within 30 days notify the
Elections Commission thereof. The Elections Commission shall not later than 90
days thereafter cause a by-election to be held; provided that where such vacancy
occurs within 90 days prior to the holding of general elections, the filling of
the vacancy shall await the holding of such general elections.
Each House shall adopt its own rules of procedure, enforce order, and with the
concurrence of two-thirds of the entire membership, may expel a member for
cause. Each House shall establish its own committees and sub-committees;
provided, however, that the committees on revenues and appropriations shall
consist of one member from each County. All rules adopted by the Legislature
shall conform to the requirements of due process of law laid down in this
Constitution.
The Legislature shall cause a census of the Republic to be undertaken every ten
years.
Neither House shall adjourn for more than five days without the consent of the
other and both Houses shall always sit in the same city.
The business of the Legislature shall be conducted in the English language or,
when adequate preparations shall have been made, in one or more of the languages
of the Republic as the Legislature may by resolution approve.
No member of the Senate or House of Representatives shall be arrested, detained,
prosecuted or tried as a result of opinions expressed or votes cast in the
exercise of the functions of his office. Members shall be privileged from arrest
while attending, going to or returning from sessions of the Legislature, except
for treason, felony or breach of the peace. All official acts done or performed
and all statements made in the Chambers of the Legislature shall be privileged,
and no Legislator shall be held accountable or punished therefor.
The power to prepare a bill of impeachment is vested solely in the House of
Representatives, and the power to try all impeachments is vested solely in the
Senate. When the President, Vice President or an Associate Justice is to be
tried, the Chief Justice shall preside; when the Chief Justice or a judge of a
subordinate court of record is to be tried, the President of the Senate shall
preside. No person shall be impeached but by the concurrence of two-thirds of
the total membership of the Senate. Judgments in such cases shall not extend
beyond removal from office and disqualification to hold public office in the
Republic; but the party may be tried at law for the same offense. The
Legislature shall prescribe the procedure for impeachment proceedings which
shall be in conformity with the requirements of due process of law.
Contempt of the Legislature shall consist of actions which obstruct the
legislative functions or which obstruct or impede members or officers of the
Legislature in the discharge of their legislative duties and may be punished by
the House concerned by reasonable sanctions after a hearing consistent with due
process of law. No sanction shall extend beyond the session of the Legislature
wherein it is imposed, and any sanction imposed shall conform to the provisions
on Fundamental Rights laid down in this Constitution. Disputes between
legislators and non-members which are properly cognizable in the courts shall
not be entertained or heard in the Legislature.
The Senate shall be composed of Senators elected for a term of nine years by the
registered voters in each of the counties, but a Senator elected in a
by-election to fill a vacancy created by death, resignation, expulsion or
otherwise, shall be so elected to serve only the remainder of the unexpired term
of office. Each county shall elect two Senators and each Senator shall have one
vote in the Senate. Senators shall be eligible for re-election.
Immediately after the Senate shall have assembled following the elections prior
to the coming into force of this Constitution, the Senators shall be divided
into two categories as a result of the votes cast in each county. The Senator
with the higher votes cast shall be the Senator of the first category and the
Senator with the lower votes cast shall be Senator of the second category;
provided that no two Senators from a county shall be placed in the same
category. The seats of Senators of the first category shall be vacated at the
expiration of the ninth year. In the interest of legislative continuity, the
Senators of the second category shall serve a first term of six years only,
after the first elections. Thereafter, all Senators shall be elected to serve a
term of nine years.
The Senate shall elect once every six years a President Pro Tempore who shall
preside in the absence of the President of the Senate, and such other officers
as shall ensure the proper functioning of the Senate. The President Pro Tempore
and other officers so elected may be removed from office for cause by resolution
of a two-thirds majority of the members of the Senate.
The House of Representatives shall be composed of members elected for a term of
six years by the registered voters in each of the legislative constituencies of
the counties, but a member of the House of Representatives elected in a
by-election to fill a vacancy created by death, resignation, expulsion or
otherwise, shall be elected to serve only the remainder of the unexpired term of
the office. Members of the House of Representatives shall be eligible for
re-election.
The House of Representatives shall elect once every six years a Speaker who
shall be the presiding officer of that body, a Deputy Speaker, and such other
officers as shall ensure the proper functioning of the House. The Speaker, the
Deputy Speaker and other officers so elected may be removed from office for
cause by resolution of a two-thirds majority of the members of the House.
CHAPTER VI
The Executive Power of the Republic shall be vested in the President who shall
be Head of State, Head of Government and Commander-in-Chief of the Armed Forces
of Liberia. The President shall be elected by universal adult suffrage of
registered voters in the Republic and shall hold office for a term of six years
commencing at noon on the third working Monday in January of the year
immediately following the elections. No person shall serve as President for more
than two terms.
There shall be a Vice-President who shall assist the President in the discharge
of his functions. The Vice-President shall be elected on the same political
ticket and shall serve the same term as the President. The Vice-President shall
be President of the Senate and preside over its deliberations without the right
to vote, except in the case of a tie vote. He shall attend meetings of the
cabinet and other governmental meetings and shall perform such functions as the
President shall delegate or deem appropriate; provided that no powers
specifically vested in the President by the provisions of this Constitution
shall be delegated to the Vice-President.
No person shall be eligible to hold the office of President or Vice-President,
unless that person is:
a) a natural born Liberian citizen of not less than 35 years of age;
b) the owner of unencumbered real property valued at not less than twenty-five
thousand dollars; and
c) resident in the Republic ten years prior to his election, provided that the
President And the Vice-President shall not come from the same County.
a) The President and the Vice-President shall, before entering on the execution
of the duties of their respective offices, take a solemn oath or affirmation to
preserve, protect and defend the Constitution and laws of the Republic and
faithfully execute the duties of the office. The oath or affirmation shall be
administered in joint convention of both Houses of the Legislature by the Chief
Justice or, in his absence, the most senior Associate Justice.
b) In an emergency where the Chief Justice and the Associate Justices are not
available, such oath or affirmation shall be administered by a judge of a
subordinate court of record.
The President shall nominate and, with the consent of the Senate appoint and
commission-
a) cabinet ministers, deputy and assistant cabinet ministers;
b) ambassadors, ministers, consuls; and
c) the Chief Justice and Associate Justices of the Supreme Court and judges of
subordinate courts;
d) superintendents, other county officials and officials of other political
sub-divisions;
e ) members of the military from the rank of lieutenant or its equivalent and
above; and
f) marshals, deputy marshals, and sheriffs.
The President shall appoint and commission Notaries Public and Justices of the
Peace who shall hold office for a term of two years but may be removed by the
President for cause. They shall be eligible for reappointment.
a) All cabinet ministers, deputy and assistant cabinet ministers, ambassadors,
ministers and consuls, superintendents of counties and other government
officials, both military and civilian, appointed by the President pursuant to
this Constitution shall hold their offices at the pleasure of the President.
b) There shall be elections of Paramount, Clan and Town Chiefs by the registered
voters in their respective localities, to serve for a term of six years. They
may be re-elected and may be removed only by the President for proved
misconduct. The Legislature shall enact laws to provide for their qualifications
as may be required.
The President shall have the power to conduct the foreign affairs of the
Republic and in that connection he is empowered to conclude treaties,
conventions and similar international agreements with the concurrence of a
majority of each House of the Legislature.
The President shall, on the fourth working Monday in January of each year,
present the administration's legislative program for the ensuing session, and
shall once a year report to the Legislature on the state of the Republic. In
presenting the economic condition of the Republic the report shall cover
expenditures as well as income.
The President may remit any public forfeitures and penalties, suspend any fines
and sentence, grant reprieves and pardons, and restore civil rights after
conviction for all public offenses, except impeachment.
The President and Vice-President shall receive salaries which shall be
determined by the Legislature and be paid by the Republic. Such salaries shall
be subject to taxes as defined by law and shall neither be increased nor
diminished during the period for which the President and the Vice-President
shall have been elected.
The President shall be immune from any suits, actions or proceedings, judicial
or otherwise, and from arrest, detention or other actions on account of any act
done by him while President of Liberia pursuant to any provision of this
Constitution or any other laws of the Republic. The President shall not,
however, be immune from prosecution upon removal from office for the commission
of any criminal act done while President.
The President and the Vice-President may be removed from office by impeachment
for treason, bribery and other felonies, violation of the Constitution or gross
misconduct.
a) Whenever a person elected to the office of President dies or is otherwise
incapacitated before being inaugurated into office, the Vice President elect
shall succeed to the office of President, and this accession shall commence a
term.
b) Whenever the office of the President shall become vacant by reason of death,
resignation, impeachment, or the President shall be declared incapable of
carrying out the duties and functions of his office, the Vice-President shall
succeed to the office of President to complete the unexpired term. In such a
case, this shall not constitute a term.
c) The Legislature shall, no later than one year after the coming into force of
this Constitution, prescribe the guidelines and determine the procedures under
which the President, by reason of illness, shall be declared incapable of
carrying out the functions of his office.
d) Whenever the office of the Vice-President becomes vacant by reason of death,
resignation, impeachment, inability or otherwise, the President shall, without
delay, nominate a candidate who, with the concurrence of both Houses of the
Legislature, shall be sworn in and hold office as Vice-President until the next
general elections are held. Whenever the Vice-President elect dies, resigns or
is incapacitated before being inaugurated, the President elected on the same
ticket with him, shall, after being inaugurated into office, nominate without
delay a candidate who, with the concurrence of both Houses of the Legislature,
shall be sworn in and hold office as Vice-President until the next general
elections are held.
Whenever the office of the President and of the Vice-President shall become
vacant by reason of removal, death, resignation, inability or other disability
of the President and the Vice-President, the Speaker of the House of
Representatives shall be sworn in as Acting President until the holding of
elections to fill the vacancies so created. Should the Speaker be legally
incapable or otherwise unable to assume the office of Acting President, then the
same shall devolve upon the President Pro Tempore of the Senate. In any further
line of descent, the office shall devolve in order upon the Deputy Speaker and
members of the Cabinet in the order of precedence as established by law. The
Elections Commission shall within ninety days conduct elections for a new
President and a new Vice President.
CHAPTER VII
The Judicial Power of the Republic shall be vested in a Supreme Court and such
subordinate courts as the Legislature may from time to time establish. The
courts shall apply both statutory and customary laws in accordance with the
standards enacted by the Legislature. Judgments of the Supreme Court shall be
final and binding and shall not be subject to appeal or review by any other
branch of Government. Nothing in this Article shall prohibit administrative
consideration of the Justiciable matter prior to review by a court of competent
jurisdiction.
The Supreme Court shall be the final arbiter of constitutional issues and shall
exercise final appellate jurisdiction in all cases whether emanating from courts
of record, courts not of record, administrative agencies, autonomous agencies or
any other authority, both as to law and fact except cases involving ambassadors,
ministers or cases in which a county is a party. In all such cases, the Supreme
Court shall exercise original jurisdiction. The Legislature shall make no law
nor create any exceptions as would deprive the Supreme Court of any of the
powers granted herein.
The Supreme Court shall comprise of one Chief Justice and four Associate
Justices, a majority of whom shall be deemed competent to transact the business
of the Court. If a quorum is not obtained to enable the Court to hear any case,
a circuit judge in the order of seniority shall sit as an ad hoc justice of the
Supreme Court.
The Chief Justice and Associate Justices of the Supreme Court shall, with the
consent of the Senate, be appointed and commissioned by the President; provided
that any person so appointed shall be:
a) a citizen of Liberia and of good moral character; and
b) a counsellor of the Supreme Court Bar who has practiced for at least 5 years.
The judges of subordinate courts of record shall, with the consent of the
Senate, be appointed and commissioned by the President, provided that any person
so appointed shall be:
a) a citizen of Liberia and of good moral character; and
b) an Attorney-at-Law who has practiced for at least 3 years, or a counsellor of
the Supreme Court Bar.
The Chief Justice and the Associate Justices of the Supreme Court and all judges
of subordinate courts shall, before assuming the functions of their office,
subscribe to a solemn oath or affirmation to discharge faithfully and
impartially the duties and functions of their office and to preserve, protect
and defend the Constitution and laws of the Republic. The oath or affirmation
shall be administered by the President or his designee.
The Chief Justice and the Associate Justices of the Supreme Court and the judges
of subordinate courts of record shall hold office during good behavior. They may
be removed upon impeachment and conviction by the Legislature based on proved
misconduct, gross breach of duty, inability to perform the functions of their
office, or conviction in a court of law for treason, bribery or other infamous
crimes.
a) The Justices of the Supreme Court and all other judges shall receive such
salaries, allowances and benefits as shall be established by law. Such salaries
shall be subject to taxes as defined by law, provided that they shall not
otherwise be diminished. Allowances and benefits paid to Justices of the Supreme
Court and judges of subordinate courts may by law be increased but may not be
diminished except under a national program enacted by the Legislature; nor shall
such allowances and benefits be subject to taxation.
b) The Chief Justice and the Associate Justices of the Supreme Court and Judges
of subordinate courts of record shall be retired at the age of seventy;
provided, however, that a justice or judge who has attained that age may
continue in office for as long as may be necessary to enable him to render
judgment or perform any other judicial duty in regard to proceedings entertained
by him before he attained that age.
No judicial official shall be summoned, arrested, detained, prosecuted or tried
civilly or criminally by or at the instance of any person or authority on
account of judicial opinions rendered or expressed, judicial statements made and
judicial acts done in the course of a trial in open court or in chambers, except
for treason or other felonies,misdemeanor or breach of the peace. Statements
made and acts done by such officials in the course of a judicial proceeding
shall be privileged, and, subject to the above qualification, no such statements
made or acts done shall be admissible into evidence against them at any trial or
proceeding.
In all matters of contempt of court, whether in the Supreme Court or in other
courts, the penalties to be imposed shall be fixed by the Legislature and shall
conform to the provisions on Fundamental Rights laid down in this Constitution.
The Supreme Court shall from time to time make rules of court for the purpose of
regulating the practice, procedures and manner by which cases shall be commenced
and heard before it and all other subordinate courts. It shall prescribe such
code of conduct for lawyers appearing before it and all other subordinate courts
as may be necessary to facilitate the proper discharge of the court's functions.
Such rules and code, however, shall not contravene any statutory provisions or
any provisions of this Constitution.
a) Treason against the Republic shall consist of:
(1) levying war against the Republic;
(2) aligning oneself with or aiding and abetting another nation or people with
whom Liberia is at war or in a state of war;
(3) acts of espionage for an enemy state;
(4) attempting by overt act to overthrow the Government, rebellion against the
Republic, insurrection and mutiny; and
(5) abrogating or attempting to abrogate, subverting or attempting or conspiring
to subvert the Constitution by use of force or show of force or by any other
means which attempts to undermine this Constitution.
b) The Legislature shall have the power to declare the punishment for treason;
provided, however, that such punishment shall not include a deprivation or
forfeiture of the right of inheritance by the convicted person of any property
although he may not be entitled to enjoyment thereof for as long as he continues
to serve the term of imprisonment imposed after conviction in a court of
competent jurisdiction. The right to the enjoyment of any property inherited or
otherwise conveyed to or acquired by such convicted person shall be
automatically restored upon serving the term of imprisonment or other
punishment, or upon an executive pardon by the President. No punishment shall
preclude the inheritance and enjoyment, or cause the forfeiture by others
entitled thereto, of any property which the convicted person at the time of
conviction or subsequent thereto may have possessed or been seized.
CHAPTER VIII
a) Since the essence of democracy is free competition of ideas expressed by
political parties and political groups as well as by individual, parties may
freely be established to advocate the political opinions of the people. Laws,
regulations, decrees or measures which might have the effect of creating a
one-party state shall be declared unconstitutional.
b) All elections shall be by secret ballot as may be determined by the Elections
Commission, and every Liberian citizen not less than 18 years of age, shall have
the right to be registered as a voter and to vote in public elections and
referenda under this Constitution. The Legislature shall enact laws indicating
the category of Liberians who shall not form or become members of political
parties.
As used in this Chapter, unless the context otherwise requires, an "association"
means a body of persons, corporate or other, which acts together for a common
purpose, and includes a group of people organized for any ethnic, social,
cultural, occupational or religious objectives; a "political party" shall be an
association with a membership of not less than five hundred qualified voters in
each of at least six counties, whose activities include canvassing for votes on
any public issue or in support of a candidate for elective public office; and an
"independent candidate" shall be a person seeking electoral post or office with
or without his own organization, acting independently of a political party.
No association by whatever name called, shall function as a political party, nor
shall any citizen be an independent candidate for election to public office,
unless:
a) the association or independent candidate and his organization meet the
minimum registration requirements laid down by the Elections Commission and are
registered with it. Registration requirements shall include filing with the
Elections Commission a copy of the constitution of the association and
guidelines of the independent candidate and his organization, a detailed
statement of the names and addresses of the association and its officers or of
the independent candidate and the officers of his organization, and fulfillment
of the provisions of sub-sections (b), (c), (da) and (3) hereof. Registration by
the Elections Commission of any association or independent candidate and his
organization shall vest in the entity or candidate and his organization so
registered legal personality, with the capacity to own property, real, personal
or mixed, to sue and be sued and to hold accounts. A denial of registration or
failure by the Elections Commission to register any applicant may be challenged
by the applicant in the Supreme Court;
b) the membership of the association or the independent candidate's organization
is open to every citizen of Liberia, irrespective of sex, religion or ethnic
background, except as otherwise provided in this Constitution.
c) the headquarters of the association or independent candidate and his
organization is situated:
(i) in the capital of the Republic where an association is involved or where an
independent candidate seeks election to the office of President or
Vice-President;
(ii) in the headquarters of the county where an independent candidate seeks
election as a Senator; and
(iii) in the electoral center in the constituency where the candidate seeks
election as s member of the House of Representatives or to any other public
office;
d) the name, objective, emblem or motto of the organization is free from any
religious connotations or divisive ethnic implications and that the activities
of the association or independent candidate are not limited to a special group
or, in the case of an association, limited to a particular geographic area of
Liberia;
e) the constitution and rules of the political party shall conform to the
provisions of this Constitution, provide for the democratic elections of
officers and/or governing body at least once every six years, and ensure the
election of officers from as many of the regions and ethnic groupings in the
country as possible. All amendments to the Constitution or rules of a political
party shall be registered with the Elections commission no later than ten days
from the effective dates of such amendments.
a) Parties or organizations which, by reason of their aims or the behavior of
their adherents, seek to impair or abolish the free democratic society of
Liberia or to endanger the existence of the Republic shall be denied
registration.
b) Parties or organizations which retain, organize, train or equip any person or
group of persons for the use or display of physical force or coercion in
promoting any political objective or interest, or arouse reasonable apprehension
that they are so organized, trained or equipped, shall be denied registration,
or if registered, shall have their registration revoked.
c) Every Liberian citizen shall have the right to be registered in a
constituency, and to vote in public elections only in the constituency, and to
vote in public elections only int he constituency where registered, either in
person or by absentee ballot; provided that such citizen shall have the right to
change his voting constituency as may be prescribed by the Legislature.
d) Each constituency shall have an approximately equal population of 20,000, or
such number of citizens as the Legislature shall prescribe in keeping with
population growth and movements as revealed by a national census; provided that
the total number of electoral constituencies int he Republic shall not exceed
one hundred.
e) Immediately following a national census and before the next elections, the
Elections Commission shall reapportion the constituencies in accordance with the
new population figures so that every constituency shall have as close to the
same population as possible, provided, however, that a constituency must be
solely within a county.
Any citizen, political party, organization or association, being resident in
Liberia, of Liberian nationality or origin, and not otherwise disqualified under
the provisions of this Constitution and laws of the land, shall have the right
to canvass for the votes for any political party or candidate at any election,
provided that corporate and business organizations and labor unions are excluded
from so canvassing directly or indirectly in whatsoever form.
a) Any citizen or citizens, political party association or organization, being
of Liberian nationality or origin, shall have the right to contribute to the
funds or election expenses of any political party or candidate; provided that
corporate and business organizations and labor unions shall be excluded from
making any contribution to the funds or expenses of any political party. The
Legislature shall by law prescribe the guidelines under which such contributions
may be made and the maximum amount which may be contributed.
b) No political party or organization may hold or possess any funds or other
assets out side of Liberia; nor may they or any independent candidates retain
any funds or assets remitted or sent to them from outside Liberia unless
remitted or sent by Liberian citizens residing abroad. Any funds or other assets
received directly or indirectly in contravention of this restriction shall be
paid over or transferred to the Elections Commission within twenty-one days of
receipt. Information on all funds received from abroad shall be filed promptly
with the Elections Commission.
c) The Elections Commission shall have the power to examine into and order
certified audits of the financial transactions of political parties and
independent candidates and their organizations. The Commission shall prescribe
the kinds of records to be kept and the manner in which they shall be kept. The
certified audits shall be conducted by a certified chartered public accountant,
not a member of any political party.
a) Voting for President, Vice-President, members of the Senate and members of
the House of Representatives shall be conducted throughout the Republic on the
second Tuesday in October of each election year.
b) All elections of public officers shall be determined by an absolute majority
of the votes cast. If no candidate obtains an absolute majority in the first
ballot, a second ballot shall be conducted on the second Tuesday following. The
two candidates who received the greatest numbers of votes on the first ballot
shall be designated to participate in the run-of election.
c) The returns of the elections shall be declared by the Elections Commission
not later than fifteen days after the casting of ballots. Any party or candidate
who complains about the manner in which the elections were conducted or who
challenges the results thereof shall have the right to file a complaint with the
Elections Commission. Such complaint must be filed not later than seven days
after the announcement of the results of the elections.
The Elections Commission shall, within thirty days of receipt of the complaint,
conduct an impartial investigation and render a decision which may involve a
dismissal of the complaint or a nullification of the election of a candidate.
Any political party or independent candidate affected by such decision shall not
later than seven days appeal against it to the Supreme Court.
The Elections Commission shall within seven days of receipt of the notice of
appeal, forward all the records in the case to the Supreme Court, which not
later than seven days thereafter, shall hear and make its determination. If the
Supreme Court nullifies or sustains the nullification of the election of any
candidate, for whatever reasons, the Elections Commission shall within sixty
days of the decision of the Court conduct new elections to fill the vacancy. If
the court sustains the election of a candidate, the Elections Commission shall
act to effectuate the mandate of the Court.
d) Every political party shall, on September 1 of each year, and every candidate
of such political party and every independent candidate shall, not later than
such political part y and every independent candidate shall, not later than
thirty days prior to the holding of an election in which he is a candidate,
publish and submit to the Elections Commission detailed statements of assets and
liabilities. These shall include the enumeration of sources of funds and other
assets, plus lists of expenditures. Where the filing of such statements is made
in an election year, every political party and independent candidate shall be
required to file with the Elections Commission additional detailed supplementary
statements of all funds received and expenditures made by them from the date of
filing of the original statements to the date of the elections. Any political
party or independent candidate who ceases to function shall publish and submit a
final financial statement to the Elections Commission.
The Legislature shall by law provide penalties for any violations of the
relevant provisions of this Chapter, and shall enact laws and regulations in
furtherance thereof not later than 1986; provided that such penalties, laws or
regulations shall not be inconsistent with any provisions of this Constitution.
CHAPTER IX
The President, as Commander-in-Chief of the Armed Forces may order any portion
of the Armed Forces into a state of combat readiness in defence of the Republic,
before or after the declaration of a state of emergency, as may be warranted by
the situation. All military power or authority shall at all times, however, be
held in subordination to the civil authority and the Constitution.
a) The President may, in consultation with the Speaker of the House of
Representatives and the President Pro Tempore of the Senate, proclaim and
declare the existence of a state of emergency in the Republic or any part
thereof. Acting pursuant thereto, the President may suspend or affect certain
rights, freedoms and guarantees contained in this Constitution and exercise such
other emergency powers as may be necessary and appropriate to take care of the
emergency, subject, however, to t he limitations contained in this Chapter.
b) A state of emergency may be declared only where there is a threat or outbreak
of war or where there is civil unrest affecting the existence, security or
well-being of the Republic amounting to a clear and present danger.
a) Emergency powers do not include the power to suspend or abrogate the
Constitution, dissolve the Legislature, or suspend or dismiss the Judiciary; and
no constitutional amendment shall be promulgated during a state of emergency.
Where the Legislature is not in session, it must be convened immediately in
special session and remain in session during the entire period of the state of
emergency.
b) The writ of habeas corpus shall remain available and exercisable at all times
and shall not be suspended on account of any state of emergency. It shall be
enjoyed in the most free, easy, inexpensive, expeditious and ample manner. Any
person who suffers from a violation of this right may challenge such violation
in a court of competent jurisdiction.
The President shall, immediately upon the declaration of a state of emergency,
but not later than seven days thereafter, lay before the Legislature at its
regular session or at a specially convened session, the facts and circumstances
leading to such declaration. The Legislature shall within seventy-two hours, by
joint resolution voted by two-thirds of the membership of each house, decide
whether the proclamation of a state of emergency is justified or whether the
measures taken thereunder are appropriate. If the two-thirds vote is not
obtained, the emergency automatically shall be revoked. Where the Legislature
shall deem it necessary to revoke the state of emergency or to modify the
measures taken thereunder, the President shall act accordingly and immediately
carry out the decisions of the Legislature.
CHAPTER X
The following Autonomous Public Commissions are hereby established:
A. CIVIL SERVICE COMMISSION;
B. ELECTIONS COMMISSION; and
C. GENERAL AUDITING COMMISSION
The Legislature shall enact laws for the governance of these Commissions and
create other agencies as may be necessary for the effective operation of
Government.
CHAPTER XI
a) No person, whether elected or appointed to any public office, shall engage in
any other activity which shall be against public policy, or constitute conflict
of interest.
b) No person holding public office shall demand and receive any other
perquisites, emoluments or benefits, directly or indirectly, on account of any
duty required by Government.
c) The Legislature shall, in pursuance of the above provision, 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.
CHAPTER XII
This Constitution may be amended whenever a proposal by either (1) two-thirds of
the membership of both Houses of the Legislature or (2) a petition submitted to
the Legislature, by not fewer than 10,000 citizens which receives the
concurrence of two-thirds of the membership of both Houses of the Legislature,
is ratified by two-thirds of the registered voters, voting in a referendum
conducted by the Elections Commission not sooner than one year after the action
of the Legislature.
Proposed constitutional amendments shall be accompanied by statements setting
forth the reasons therefor and shall be published in the Official Gazette and
made known to the people through the information services of the Republic. If
more than one proposed amendment is to be voted upon in a referendum they shall
be submitted in such manner that the people may vote for or against them
separately.
The limitation of the Presidential term of office to two terms, each of six
years duration, may be subject to amendment; provided that the amendment shall
not become effective during the term of office of the incumbent President.
CHAPTER XIII
a) Notwithstanding anything to the contrary in this Constitution, any person
duly elected to any office provided for under this Constitution and under the
laws in force immediately before the coming into force of this Constitution sh
all be deemed to have been duly elected for the purpose of this Constitution and
to have assumed the position so occupied on the date of coming into existence of
this Constitution.
b) Notwithstanding anything to the contrary in this Constitution, elections for
the President, Vice-President and members of the Legislature, prior to the
coming into force of this Constitution, shall be held on the 3rd Tuesday in
January 1985. The person so elected President of Liberia shall be inaugurated on
the 12th day of April 1985. The President, Vice-President and members of the
Legislature who are elected for the first term prior to the coming into force of
this Constitution, shall serve their respective terms less approximately three
months. This Constitution shall come into force simultaneously with that
inauguration.
c) Notwithstanding anything to the contrary in this Constitution, the People's
Redemption Council shall by decree convene a session of the newly elected
Legislature before the 12th day of April 1985, to enable the Senate and House of
Representatives to organize and elect their officers. Such elections shall be
conducted in accordance with the rules and procedures laid down by the
Legislature under the suspended Constitution until changed by the new
Legislature.
d) Any person who, under the laws extant immediately before the coming into
force of this Constitution, held an appointment or was acting in an office shall
be deemed to have been appointed, as far as it is consistent with the provisions
of this Constitution, to hold or to act in the equivalent office under this
Constitution until appointments otherwise provided for under this Constitution
shall have been made.
a) The Constitution of the Republic of Liberia which came into force on the 26th
day of July 1847, and which was suspended on the 12th day of April 1980, is
hereby abrogated. Notwithstanding this abrogation, however, any enactment or
rule of law in existence immediately before the coming into force of this
Constitution, whether derived from the abrogated Constitution or from any other
source shall, in so far as it is not inconsistent with any provision of this
Constitution, continue in force as if enacted, issued or made under the
authority of this Constitution.
b) All treaties, executive and other international agreements and obligations
concluded by the Government of the People's Redemption Council or prior
governments in the name of the Republic prior to the coming into force of this
Constitution shall continue to be valid and binding on the Republic unless
abrogated or cancelled or unless otherwise inconsistent with this Constitution.
c) All foreign and domestic debts or other loans and obligations contracted by
the Government of the People's Redemption Council or prior governments or any
agency or other authority in the name of the Republic of Liberia prior to the
coming into existence of this Constitution, shall continue to be binding on and
enforceable by the Republic of Liberia.
Notwithstanding anything to the contrary in this Constitution:
a) The People's Supreme Court of Liberia and all subordinate courts operating
prior to the effective date of this Constitution shall continue to so operate
and the Chief Justice, Associate Justices of the People's Supreme Court and
judges of subordinate courts holding appointments in such courts shall continue
to hold such appointments after the coming into existence of this Constitution
until their successors are appointed and qualified; provided, however, that all
judges of subordinate courts holding appointments in such courts shall continue
to hold such appointments after the coming into existence of this Constitution
until their successors are appointed and qualified; provided, however, that all
judges of subordinate courts shall remain and preside in their respective
resident circuits pending the reconstruction of the Supreme Court. The
appointment by the President, with the consent of the Senate, of the Chief
Justice and Associate Justices of the Supreme Court and judges of subordinate
courts, shall be made as soon as possible after the coming into force of this
Constitution. The Chief Justice and Associate Justices of the People's Supreme
Court and judges of subordinate courts holding office prior thereto, unless
reappointed, shall cease to hold office and their function shall automatically
devolve upon the newly appointed Chief Justice, Associate Justices of the
Supreme Court and judges of subordinate courts, respectively.
b) Where any legal or administrative proceeding has been commenced, or a person
seeks action by any authority or one acting under the authority of the
Government, that matter may be carried on and completed by the person or
authority having power or by his successor-in-office; aNd it shall not be
necessary for any such proceeding to be commenced de novo. Any act completed by
any person or authority having power under the existing law shall not be made
the subject of review or commenced anew by anyone assuming the authority of that
office after the coming into force of this Constitution.
a) No executive, legislative, judicial or administrative action taken by the
People's Redemption Council or by any persons, whether military or civilian, in
the name of that Council pursuant to any of its decrees shall be questioned in
any proceedings whatsoever; and, accordingly, it shall not be lawful for any
court or other tribunal to make any order or grant any remedy or relief in
respect of any such act.
b) No court or other tribunal shall entertain any action whatsoever instituted
against the Government of Liberia, whether before or after the coming into force
of this Constitution or against any person or persons who assisted in any manner
whatsoever in bringing about the change of Government of Liberia on the 12th day
of April, 1980, in respect of any act or commission relating to or consequent
upon:
(i) the overthrow of the government in power in Liberia before the establishment
of the government of the People's Redemption Council;
(ii) the suspension of the Constitution of Liberia of July 26, 1847;
(iii) the establishment, functioning and other organs established by the
People's Redemption Council;
(iv) the imposition of any penalties, including the death penalty, or the
confiscation of any property by or under the authority of the People's
Redemption Council under a decree made by that Council in pursuance of but not
limited to the measures undertaken by the Council to punish persons guilty of
crimes and malpractices to the detriment of the Liberian nation, the people, the
economy, or the public interest; and
(v) the establishment of this Constitution.
S C H E D U L E
1. This Schedule shall form and be an integral part of this Constitution and
shall have the same force as any other provision thereof.
2. All public officials and employees, whether elected or appointed, holding
office of public trust, shall subscribe to a solemn oath or affirmation as
follows:
"I, , do solemnly swear (affirm) that I will support, uphold, protect and defend
the Constitution and laws of the Republic of Liberia, bear true faith and
allegiance to the Republic, and will faithfully, conscientiously and impartially
discharge the duties and functions of the office of to the best of my ability.
SO HELP ME GOD."
COMPLETED THIS 19TH DAY OF OCTOBER, A.D. 1983
IN THE CITY OF GBARMGA, BONG COUNTY, REPUBLIC OF LIBERIA
BY THE CONSTITUTIONAL ADVISORY ASSEMBLY
Edward Binyah Kesselly (Lofa County)
Chairman
Charles H. Williams (Grand Bassa County)
Deputy Chairman
Archibald F. Bernard (Montserrado County)
Secretary General
Richard K. Flumo (Bong County)
Assistant Secretary General
Montserrado County
Stephen H. Kolison, Sr., Member
James Nagbe Doe, Member
James N. Nagbe, Member
Rocheforte L. Weeks, Member
Pearl Brown-Bull, Member
Jonathan E.M. Gibson, Member
Zoe Ethel Norman, Member
Walter Yedebabuo Wisner, Jr., Member
Marshall Territory
R. Francis Okai, Jr., Member
Bomi Territory
Samuel Dwelu Hill, Member
K. Ballah M. Davis, Sr., Member
Gibi Territory
David S. Menyongai, Member
Flomo Shadrach Daniel, II, Member
Grand Bassa County
A. Wilmot McCritty, I, Member
Abba G. Karnga, Member
Thomas L. Griggs, Member
Joseph L. Barchue, Sr., Member
Rivercess Territory
T. Gbegbe Roberto Dole, Member
Sinoe County
Nelson Wm. Broderick, Member
Charles N. Wiah, Member
Lawrence S. Bestman, Member
Jenkinson T. Nyenpan, Sr., Member
Sasstown Territory
Dennis J. Weagbe, Member
Maryland County
Nathaniel Bleh Seton, Sr., Member
James Klaba Giko, Member
J. Barney Taylor, Member
Christian A. Baker, Member
Kru Coast Territory
Carles Barzee Coffey, Member
Grand Cape Mount County
A. Kini Freeman, Member
Christopher K. Kandakai, I, Member
Ernest K. Metzger, Member
Victor Lamina Yates, Member
Grand Gedeh County
Harry T. Faber Nayou, Member
Philip Koryeyon Deah, Member
Robert Bloh Toe, Sr., Member
Emmanuel B. Neewray, Member
Doquinee Jarpee Andrews, Jr., Member
Nimba County
J. Patrick K. Biddle, Member
John Wiemi Bartuah, Member
James W. Zotaa, Jr., Member
J. Gharmie Sahn, Member
Jenkins G.W. Wongbe, Member
Peter A. Gbelia, Sr., Member
Stephen B. Daniels, Sr., Member
Samuel B. Wogbeh, Member
Bong County
John Flumo Bakalu, Sr., Member
James Y. Gbarbea, Member
Walter T. Gwenigale, Member
Salome Giddings-Hall, Member
Manyu M. Kamara, Member
Lofa County
Edward S. Mends-Cole, Member
J. Edward Koenig, Member
Frederick K. Gobewole, Member
James M. Hargrave, Member
Keikura Bayoh Kpoto, Member