” Completely Premature”
S/Court denies Cllr. Martin’s petition
By Lincoln G. Peters
Liberia’s Supreme Court has denied a petition filed by Liberia Anti-Corruption Commission (LACC) Chairperson Cllr. Edwin K. Martin, questioning the constitutionality of the amended Act calling for the re-establishment of the LACC.
The court ruled Thursday, 26 January 2023 that the LACC is a creature of the Legislature that has the absolute power to amend, modify or abolish the LACC as deemed expedient in the interest of the state.
In his petition, Cllr. Martin asked the court to interpret the constitutionality of Sections 16.1 and 16 .2 of the Act to amend and restate an Act to establish the LACC as enshrined in the new Act printed into a handbill by the Legislature.
But the Supreme Court noted that the actions of the Legislature could not be considered a violation of one’s right as stated in the petition of Cllr. Martin.
The court ruled that Cllr. Martin and others at the LACC still occupy and maintain their respective positions and enjoy all of the associated benefits and immunities.
As such, the court said it cannot be said that they have been removed from office, as the transitional tenure provisions of Sections 16.1 and 16.2 are.
The high court maintained that Cllr. Martin’s petition was prematurely filed.
The court said the sanctity of contract as enshrined in the constitution, should be given due consideration.