The Ministry of Justice and the Supreme Court of Liberia are at each other's throat, legally dabbling to fine-tune the authorization of Liberian citizenship or issuance of Liberian passport to natural born Liberian citizens in foreign nations as enshrined in article 20(a) and backed by Article 95(a) of the 1986 constitution.
The High Court, the final arbiter of Justice in Liberia, argues that a person can go through the due process of law in a court of competent jurisdiction to acquire his or her Liberian citizenship, but the MOJ thinks otherwise.
In a case heard may 10, 2017 and decided December 23, 2019, the Supreme Court ruled that it is only the court that has the right to mandate government institutions to give natural born Liberians residing in foreign nations Citizenship following a due process of law as indicated in Article 20(a) and not MOJ.
Article 20(a) of the Constitution provides that there must be a hearing consistent with due process of law before deprivation of rights may occur.
The High Court also quoted Article 95(a) of the 1986 constitution which provides that any pre-1986 statute or rule of law that is found in conflict with any provision of the 1986 Constitution was abrogated alone with the 1847 Constitution.
The Honorable Court furthered that because citizenship is a right protected by the Liberian Constitution and because the challenged section 22.2 of the aliens and nationality law does not provide for due process of law as mandated by the 1986 constitution, they as actors of the law are under duty to find that that section was repealed by implication on January 6, 1986.
Section 22.2 of the aliens and nationality law, to the extent provides for loss of citizenship solely on account of the performance by a citizen of the acts or fulfillment of the conditions specified in section 22.1 without the institution by the government of any proceedings to nullify or cancel citizenship in violation of the due process clause under article 20(a) of the 1986 constitution.
Based upon this, the court granted the petition of Alvin Teage Jalloh, a natural born Liberian citizen residing in the United States, who challenged the constitutionality of section 22.1 and 22.2 of the aliens and nationality law, title four of the Liberian code of laws revised.
Jalloh alleged in his petition that he was informed by the Liberian Embassy in Washington D.C. that pursuant to the Alien and Nationality law, and because he had obtained naturalization in the United States of America, he needed to obtain a non-immigrant visa from the Liberian Embassy in the USA to travel to Liberia.
According to him, the enforcement of the sections by government violates diverse provisions of the Liberian constitution, particularly the due process clause under article 20(a) of the constitution.
Jalloh also contended that sections 22.1 and 22.2 of the Alien and Nationality law which were enacted long before the adoption of the 1986 constitution of Liberia were automatically repealed by Article 95(a) of the Constitution as being inconsistent with the due process clause of Article 20(a), to which the Supreme Court acknowledged.
According to the Court, accepting the position of the government would mean no person affected by the action or threatened action of the government under sections 22.1 and 22.2 of the Alien and Nationality law would ever have standing to pose a challenge.
Jalloh, the Supreme Court noted is affected by the application and falls within the category of persons whose Liberian citizenship rights have suffered or are in danger of suffering from government's enforcement of the sections.
But the Ministry of Justice contested that giving citizenship to natural born Liberians in foreign nations does not require a due process of law in a court of competent jurisdiction.
According to state lawyers, the Ministry of Justice which is the prosecution arm of the government has the right to grant or deny natural born Liberians out of the country citizenship or passport.
The MOJ in responding to the petition on October 29, 2010, argued that the petitioner being a naturalized citizens of the United States, lacks the legal standing to challenge the constitutionality of sections 22.1 and 22.2 of the Aliens and Nationality law.
MOJ holds that the sections do not violate the due process clause of the constitution as claimed.
According to them, the Liberian Constitution authorizes the legislature to enact laws by which citizens of Liberia shall lose his or her citizenship and that the sections are consistent with the Liberian constitution. As such, it claimed they were not repealed by the coming into force of the 1986 constitution.
Nevertheless, the MOJ has communicated to the Ministry of Foreign Affairs on the ruling of the Supreme Court regarding sections 22.1 and 22.2 of the aliens and nationality law.
In a communication dated September 22, 2021 to Foreign Minister Dee Maxwell Saah Kemeyah, Justice Minister Frank Musa Dean ordered the Minister to ensure that the implementers of the revised regulations to govern the administration and issuance of Liberian passport take due note of the High Court December 23, 2019 judgement on sections 22.1 and 22.2 of the Alien and Nationality law.
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The communication states "we present compliments and have the honor to inform you that the Supreme Court of Liberia, pursuant to a ruling and judgement delivered on December 23, 2019, declared sections 22.1 and 22.2 of the aliens and nationality law, title four of the Liberian code of law revised, approved may 15, 1973 and published, unconstitutional, to the extent that it does not provide for due process before the forfeiture of Liberian citizenship."
It furthers "you will please note that sections 22.1 and 22.2, cited above apply to Liberian citizens by birth, who obtained naturalization in a foreign country, henceforth, Liberian citizens who undertake any one or more of the acts described in section 22.1 do not, ipso facto, lose Liberian citizenship, without the institution of a proceeding to nullify or cancel such citizenship"
The Minister contended that the automatic forfeiture of Liberian citizenship, without resort to any judicial proceeding to nullify or cancel same, is declared unconstitutional, void and null."
