Monrovia — The Liberian Senate's amendment to the New Election law that declares all election magistrates' seats vacant after 90-days have been met with a stiff resistance by the second highest ranking member of the House of Representatives - Deputy Speaker J. Fonati Koffa.
The House had sent the amended version of the law to the Senate for concurrence, but the Senate made several amendments to the House's version including the portion relieving all election magistrates from their posts within 90 days of the passage of the act but allowing them to reapply if they wish.
"Section 2.24(a) of the amended law states: "Ninety days after the passage of this Act, all Elections Magistrates in the 15-Counties must be removed and positions considered vacant. This section also gives the right to those removed Magistrates to re-apply."
However, Deputy Speaker Koffa said the bill, if passed will usurp the function of the National Elections Commission (NEC) and vowed to campaign against it at the House.
"It is not the business of the Legislature to engineer election magistrates' employment. That is squarely within the ambit of the National Elections Commission which is a constitutional body clothed with authority to do so. This is necessary so that we maintain the perception and actuality of fairness in elections," he said.
Magistrate Threaten to Sue
Deputy Speaker Koffa's response comes as election magistrates across the country have threatened to sue the government if the Senate's measure becomes law. The magistrates argued that the amendment tampered with their civil service status and warned the House against concurring with the Senate, as doing so could lead to legal action.
"It is not that we are afraid to call our names, but we are waiting to see if the House of Representatives will concur with the Senate on this. The President signing it into law will lead us into action -- going to court to seek redress," a group of election magistrates seeking anonymity told the Daily Observer.
Any attempt on the part of the Legislature, which has no constitutional right to appoint magistrates, will not go unchallenged," the magistrates said.
The appointment of election magistrates is squarely the responsibility of the NEC Board of Commissioner as magistrates are not subjected to confirmation before the Senate; something Koffa said should have been carefully looked at by the Senate before making such a proposal. He noted that the NEC is an autonomous constitutional body and it should conduct its affairs without the interference of the Legislature.
"I don't think it is not the business of the Legislature to engineer administrative matter that lies squarely in the purview of the National Elections Commission. I respect the view of the Senate. I for one will be opposing any such amendment if it comes to the House. I think it is a matter that should squarely be left with the NEC as an autonomous constitutional body and it should conduct its own process."
He added that as Liberia's highly anticipated 2023 elections draw closer, the Legislature should act cautiously not to create any dark cloud ahead of the polls.
He assured the magistrates and the electoral body that he will do all he can in his capacity to ensure there are enough votes to nullify the Senate's attempt.
'Sickening and condemnable'
The Deputy Speaker's rejection of the Senate's amendment also comes as a former chairperson of NEC, James Fromayan, claimed that the Senate's amendment may have an ulterior motive.
According to Mr. Fromoyan, if care is not taken, the NEC will lose its independence it ought to have during the conduct of elections in 2023 and beyond.
He said: "The onus will be on the justice system to do the right thing or fail the Liberian people. We are waiting to see what happens. Magistrates are not employed by the Legislature and they do not even go for confirmation, but work under the direct supervision of the NEC Board of Commissioners, which falls under the Executive branch of government."
He added that magistrates are hired based on good conduct, proven credibility, and a first degree, as well as competence; nothing that they are only fired based on proven records of bad conduct or corruption.
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"These are what I know. But hearing that a group of lawmakers want their interest served and, as such, they have embarked on tampering with the law is sickening and should be condemned," he stated.
Recently, the House of Representatives forwarded to the Liberia Senate for concurrence, few amendments to the New Elections Law of 2014. The amendments include the 30 percent women participation clause, which obliges all political parties to field at least 30 percent women officials and candidates, increase in registration fees for presidential, vice presidential, senatorial and representative candidates, resignation of Magistrates 90 days upon the passage of the amendment act and the location of political parties' headquarters among others.
To reconcile with the House, the Senate has set up a conference committee to work with their counterparts from the House. Members appointed by the Senate's President Pro Tempore Albert T. Chie include Senators H. Varney G. Sherman as (Chairman), Abraham Darius Dillon of Montserrado County, Numene T.H. Bartekwa (member, Grand Kru County), Cllr. Augustine Chea (member, Sinoe County) and Dr. Henrique Tokpa (member, Bong County).
