LNBA Challenges Unconstitutional Action By: Yassah J. Wright

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The newly inducted President of the Liberian National Bar Association has vowed to challenge any unconstitutional action by the government of Liberia.  Delivering his inaugural address late Friday, January 31, 2025, Cllr. Bornor M. Varmah said the LNBA as a legal professional body must speak truth to power, hold institutions accountable, and push for legal reforms that strengthen governance, human rights, and social justice. ‘Legal Advocacy and Public Interest Litigation: The INBA will file with the Supreme Court of Liberia to challenge unconstitutional actions by any branch of government, to achieve this; the LNBA will work with the Supreme Court to improve the quality of its opinions in matters brought before it to safe the best interest of law and public policy. This is urgent and paramount as the court’s greatest power bestowed upon it by the 1986 Constitution is the power of judicial review to bring definitions, clarity and finality in all matters without influence and interference from anywhere,’’ Cllr. Varmah noted. He said recent events in the country have exposed threats to Liberia’s constitutional democracy, while expressing fear over what he described as violation of fundamental rights, questionable Executive actions and disregard for judicial decision. ‘’Constitutional Violations and Legal Reforms: Recent events have exposed threats to our constitutional democracy. Violations of fundamental rights, questionable executive actions, and disregard for judicial decisions, judicial inactions and avoidance as well as Legislative overreach undermine the very fabric of our democracy. The LNBA will continue to engage with policymakers to ensure that the Constitution is upheld and that legal reforms reflect the aspirations of the Liberian people,’’ he stated. Speaking on the Case for Operational Independence, he disclosed that currently, the LNBA operates under statutory guidelines that subject its regulatory, disciplinary, and administrative functions to external influences but, to effectively fulfill its mandate, they proposed a more autonomous status that grants the LNBA greater control over. ‘’Professional Regulation – The LNBA should have the authority to set and enforce ethical standards, improved licensing requirements, and disciplinary actions for legal practitioners without undue interference. Judicial Oversight & Advocacy As a body committed to justice, the LNBA must have the institutional independence to challenge unconstitutional actions, advocate for judicial reforms, and engage in public interest litigation without fear of political influence,’’ Cllr. Varmah proposed. Despite failing to outline some of the recent events that exposed threats to Liberia constitutional democracy, he lamented that the Liberian National Bar Association plays a crucial role in upholding the rule of law and ensuring constitutional compliance by all branches of government, assuring that to address constitutional violations, the LNBA will take the action. ‘’ To address the constitutional violation, the LNBA will take the following steps: Engagement with the Legislature and Executive Advocate for constitutional amendments to strengthen a accountability mechanisms. Provide legal opinions on bills and executive actions that may violate The Constitution. Collaborate with civil society organizations to pressure the government to uphold constitutional principles and take disciplinary actions against Lawyers in Violation by ensuring that lawyers, including those in government, uphold constitutional principles. Sanction legal practitioners who support unconstitutional actions,’’ he noted.  The former Secretary General of the Liberia National Bar Association assured Liberians that the LNBA through its legal advocacy and public interest litigation will review actions by any of the branches of the government and challenge them legally when appropriate. According to him, the public must never be left in doubt whenever the Supreme Court reviews and brings finality to any subject matter because the court represents the only branch of government that is mandated by the constitution to ensure serenity and stability in the democratic system through its judicial review and interpretation of the laws of Liberia. ‘’This can be achieved through critical legal analysis of all opinions and proffering recommendations in well written legal articles which in my mind will be appreciated by the court. It can seek writs of prohibition, mandamus, or certiorari to prevent government overreach. Monitoring and Reporting. Establish a constitutional watchdog committee to monitor government actions and report violations,’’ Cllr. Varmah noted. He further named publish reports on unconstitutional practices and recommend corrective measures by engaging in public awareness and Legal Education by Conducting civic education programs to inform citizens about their constitutional rights and organize legal forums, workshops, and media engagements to discuss government accountability are solution. ‘’Advocate for judicial independence and transparency in decision-making: Work with stakeholders to review Supreme Court rulings with far-reaching implications for democracy. Engage in constructive dialogue with the judiciary to strengthen public confidence in the courts. Justice sector reform must be a priority. Delays in judicial processes, corruption, and lack of access to justice remain major concerns. The LNBA will push for reforms that enhance efficiency, integrity. and accessibility within the judiciary,’’ he stated. However, he said in order to achieve this, the LNBA will work with the Supreme Court to improve the quality of its opinions in matters brought before it to satisfy the best interest of law and public policy. ‘’This is urgent and paramount as the court’s greatest power bestowed upon it by the 1986 constitution is the power of judicial review to bring definitions, clarity and finality in all matters without influence and interference from anywhere. The public must never be left in doubt whenever our Supreme Court reviews and brings finality to any subject matter because the court represents the only branch of government that is mandated by the constitution to ensure serenity and stability in our democratic system through its judicial review and interpretation of the laws of Liberia. This can be achieved through critical legal analysis of all opinions and proffering recommendations in well written legal articles which in my mind will be appreciated by the court and the Liberian people,’’ he concluded.

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