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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
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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