-Over questionable executive action, judicial disregard
National Bar foresees threats to Liberia's constitutional democracy
- The newly inducted President of the Liberian National Bar Association (LNBA) Cllr. Bornor M. Varmah says recent events in the country expose threats to Liberia's constitutional democracy while expressing fear over the alleged violation of fundamental rights, questionable Executive actions, and disregard for judicial decisions.
Delivering his inaugural address here late Friday, January 31, 2025, Cllr. Varmah noted that legal professionals must speak truth to power, hold institutions accountable, and push for legal reforms that strengthen governance, human rights, and social justice.
"Constitutional violations and legal reforms. Recent events have exposed threats to our constitutional democracy. Violations of fundamental rights, questionable executive actions, 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 pointed out.
Speaking of operational independence, he says currently, the LNBA operates under statutory guidelines that subject its regulatory, disciplinary, and administrative functions to external influences. However, to effectively fulfill its mandate, they proposed a more autonomous status that grants the Bar greater control.
"The LNBA should have authority to set and enforce ethical standards, improve 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 underscores.
Despite failing to outline some of the recent events that exposed threats to Liberia's constitutional democracy, he explains that the Liberian National Bar Association (LNBA) 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 Association will engagement with the Legislature and Executive to advocate for constitutional amendments that would strengthen accountability mechanisms and provide legal opinions on bills and executive actions that may violate the Constitution.
He continues that the Bar will collaborate with civil society organizations to pressure the government to uphold constitutional principles and take disciplinary actions against Lawyers by ensuring that lawyers, including those in government, uphold constitutional principles.
The former Secretary General of the National Bar Association assures that the LNBA, through its legal advocacy and public interest litigation, will review actions by the branches of government and challenge them legally when appropriate.
He continues that the LNBA will file with the Supreme Court of Liberia to challenge unconstitutional actions by any branch of government, and to achieve this, they will work with the Supreme Court to improve the quality of opinions in matters brought before it to save 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."
According to Cllr. Varmah, 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 the Constitution mandates 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."
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He speaks of establishing a constitutional watchdog committee to monitor government actions and report violations.
The new Bar President stresses a need to publish reports on unconstitutional practices and recommends corrective measures by engaging in public awareness and legal education to inform citizens about their constitutional rights and organize legal forums, workshops, and media engagements to discuss government accountability.
He underscores that justice sector reform must be a priority, as delays in judicial processes, corruption, and lack of access to justice remain major concerns. He vows to push for reforms that enhance efficiency, integrity, and accessibility within the judiciary.
"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 concludes. Editing by Jonathan Browne
