Liberia: Follow up Questions Posed to Cllr. Gongloe by the Analyst and his Answers to the Questions

25 February 2013
interview

1. Does the Legislature have the privilege under the law to physically imprison a person held in contempt by using the sergeant-at-arm?

ANSWER: The Legislature has the authority to hold a person for contempt and to punish such person for contempt. The contempt power of the Legislature is meant for the protection of the work of the legislature. The Constitution of Liberia says the contempt power of the Legislature is to prevent the obstruction of its work by any person. The Legislature, in the exercise of its contempt power has the authority to impose any reasonable sanction against a person found by it to be guilty of contempt. A reasonable sanction may include a fine or an imprisonment of any person that is found by the legislature or a house of the legislature to be guilty of contempt. The only limitation placed by Article 44 of the Constitution of Liberia for any sanction imposed by the Legislature is that the sanction should not be for a period beyond the session during which the sanction is imposed. For example, in the case of Superintendent Grace Kpan, the House cannot imprison her for a period beyond the Legislative session for 2013. In other words the Legislature cannot imprison term that extends to its agricultural break. The Sergeant-at-arm and not the police, sheriff or any other peace officer, is the only person authorized by law to enforce sanctions imposed by the Legislature. The rank of the Sergeant-at-arm is brigadier general of the Armed Forces of Liberia.

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