Monrovia — Members of the House of Representatives have voted to endorse and pass a bill seeking to amend Sections 5.1 and 5.2 of Liberia's National Code of Conduct, provisions that have remained at the center of legal and political debates surrounding the eligibility of appointed public officials seeking elected office.
The proposed amendment, submitted by Montserrado County Electoral District #12 Representative Jerry Yogboh, was approved on Tuesday during the 15th Day Sitting of the Second Quarter of the Third Session after plenary considered and adopted the report of a Joint Committee that reviewed the legislation.
The Joint Committee, comprising the Committees on Judiciary and Good Governance, examined the bill and recommended its passage, concluding that the proposed changes would eliminate ambiguities that have complicated the implementation and interpretation of the law during previous electoral cycles.
Following the House's approval, the bill was forwarded to the Liberian Senate for concurrence in keeping with the legislative process. Following its concurrence, the instrument will be then be forwarded to the President to be signed into Handbill as a law.
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Background to the Amendment
Sections 5.1 and 5.2 of the National Code of Conduct regulate the political participation of appointed government officials who intend to seek elected public office.
The provisions require certain categories of appointed officials to resign from their positions within specified periods before contesting elections. However, one phrase contained in the law, "desires to canvass or contest," has generated persistent legal disputes over the years.
The interpretation of that phrase became a major point of contention during both the 2017 and 2023 General and Presidential Elections, resulting in several election-related cases before the courts. The differing interpretations created uncertainties over the exact point at which an appointed official is deemed to have expressed an intention to run for office and whether such intention alone triggered the constitutional resignation requirement.
The issue became one of the most debated provisions of the Code of Conduct, with legal experts, political parties, civil society organizations, and election management bodies offering varying interpretations of the law.
According to the Joint Committee's report, these conflicting interpretations exposed implementation challenges that made enforcement inconsistent and created uncertainty for prospective candidates and election administrators alike.
Purpose of the Amendment
Accordingly, Representative Yogboh's bill does not abolish or weaken the resignation requirement contained in the Law.
Instead, the legislation seeks to remove the phrase "desires to canvass or contest" from Sections 5.1 and 5.2 while reaffirming that resignation remains mandatory for all public officials covered under the law who seek elected public office.
The bill, titled "An Act to Amend Sections 5.1 and 5.2 of the National Code of Conduct by Deleting the Phrase 'Desires to Canvass or Contest' and Reaffirming Mandatory Resignation Requirements for Government Officials Seeking Elected Public Office," outlines several key objectives.
Among them are:
Eliminating ambiguity and subjective interpretation arising from the phrase "desires to canvass or contest," and clarifying that resignation is mandatory for all officials listed under Sections 5.2(a) and 5.2(b), as well as other appointed government officials covered under the Code.
It also retains the resignation timelines already established by law and
promotes uniformity, legal certainty, clarity, and enforceability in the application of the National Code of Conduct.
Key Changes Proposed
Under the proposed amendment to Section 5.1, every reference to the phrase "desires to canvass or contest" is deleted.
In the amendment, this change is intended to eliminate subjective interpretations regarding when an appointed official is considered to have demonstrated an intention to run for elected office.
During deliberation, lawmakers argued that relying on perceived intent has contributed to inconsistent enforcement and unnecessary legal disputes.
The amendment to Section 5.2 further clarifies that all officials appointed by the President under Article 56(a) of the Constitution, together with all other government officials covered under the section, who canvass or contest for elected public office must resign within the timelines prescribed by law.
Importantly, the legislation preserves the existing resignation deadlines.
Officials covered under Section 5.2(a) are still required to resign at least two years before the date of the election, while officials listed under Section 5.2(b) must resign at least three years before the election.
The proposal therefore maintains the resignation requirement in its entirety while removing language lawmakers believe has created confusion in interpreting the law.
Committee Findings
Presenting its report to plenary, the Joint Committee stated that experiences from both the 2017 and 2023 electoral processes clearly demonstrated the need to refine the provisions of the Code of Conduct.
According to the committee, several election cases arising from those elections highlighted the practical challenges associated with implementing Sections 5.1 and 5.2, particularly because of differing legal interpretations surrounding the phrase "desires to canvass or contest."
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The committee pointed out that deleting the phrase would remove uncertainty, strengthen legal certainty, and ensure that the resignation provisions are applied consistently to all officials covered by the law.
"The amendment would improve the enforceability of the Code of Conduct by providing greater clarity for election administrators, public officials, political parties, and the judiciary whenever questions arise concerning eligibility to contest public office," reported the Joint Committee.
Recommendation to Plenary
Based on consultations with stakeholders, a review of previous election-related interpretations, and its analysis of the bill, the Joint Committee recommended that plenary accept and adopt the proposed amendment in its entirety.
The committee described the amendment as an important step toward strengthening Liberia's legal framework governing the political participation of appointed public officials while ensuring greater consistency in the future interpretation and implementation of the National Code of Conduct.
Following debate on the report, members of the House voted overwhelmingly to adopt the committee's recommendations and subsequently passed the amendment.
The legislation will now be transmitted to the Liberian Senate, where it will undergo consideration before any final enactment into law.
