Constitution of the Republic of Liberia
We the People of the Republic of Liberia:
Acknowledging our devout gratitude to God for our
existence as a Free, Sovereign and Independent State, and relying on His
Divine Guidance for our survival as a Nation;
Realizing from many experiences during the course of
our national existence which culminated in the Revolution of April 12,
1980, when our Constitution of July 26, 1847 was suspended, that all of
our people, irrespective of history, tradition, creed, or ethnic
background are of one common body politic;
Exercising our natural, inherent and inalienable rights
to establish a framework of government for the purpose of promoting unity,
liberty, peace, stability, equality, justice and human rights under the
rule of law, with opportunities for political, social, moral, spiritual
and cultural advancement of our society, for ourselves and for our
Having resolved to live in harmony, to practice
fraternal love, tolerance and understanding as a people and being fully
mindful of our obligation to promote African unity and international peace
Do hereby solemnly make, establish, proclaim, and
publish this Constitution for the governance of the Republic of Liberia.
STRUCTURE OF THE STATE
All power is inherent in the people. All free
governments are instituted by their authority and for their benefit and
they have the right to alter and reform the same when their safety and
happiness so require. In order to ensure democratic government which
responds to the wishes of the governed, the people shall have the right at
such period, and in such manner as provided for under this Constitution,
to cause their public servants to leave office and to fill vacancies by
regular elections and appointments.
This Constitution is the supreme and fundamental law of
Liberia and its provisions shall have binding force and effect on all
authorities and persons throughout the Republic.
Any laws, treaties, statutes, decrees, customs and
regulations found to be inconsistent with it shall, to the extent of the
inconsistency, be void and of no legal effect. The Supreme Court, pursuant
to its power of judicial review, is empowered to declare any inconsistent
Liberia is a unitary sovereign state divided into
counties for administrative purposes. The form of government is Republican
with three separate coordinate branches: the Legislative, the Executive
and Judiciary. Consistent with the principles of separation of powers and
checks and balances, no person holding office in one of these branches
shall hold office in or exercise any of the powers assigned to either of
the other two branches except as otherwise provided in this Constitution;
and no person holding office in one of the said branches shall serve on
any autonomous public agency.
GENERAL PRINCIPLES OF NATIONAL POLICY
The principles contained in this Chapter shall be
fundamental in the governance of the Republic and shall serve as
guidelines in the formulation of legislative, executive and administrative
directives, policy-making and their execution.
The Republic shall:
- aim at strengthening the national integration and unity of the
people of Liberia, regardless of ethnic, regional or other
differences, into one body politic; and the Legislature shall enact
laws promoting national unification and the encouragement of all
citizens to participate in government;
- preserve, protect and promote positive Liberian culture, ensuring
that traditional values which are compatible with public policy and
national progress are adopted and developed as an integral part of the
growing needs of the Liberian society;
- take steps, by appropriate legislation and executive orders, to
eliminate sectionalism and tribalism, and such abuses of power as the
misuse of government resources, nepotism and all other corrupt
The Republic shall, because of the vital role assigned
to the individual citizen under this Constitution for the social, economic
and political well being of Liberia, provide equal access to educational
opportunities and facilities for all citizens to the extent of available
resources. Emphasis shall be placed on the mass education of the Liberian
people and the elimination of illiteracy.
The Republic shall, consistent with the principles of
individual freedom and social justice enshrined in this Constitution,
manage the national economy and the natural resources of Liberia in such
manner as shall ensure the maximum feasible participation of Liberian
citizens under conditions of equality as to advance the general welfare of
the Liberian people and the economic development of Liberia.
The Republic shall direct its policy towards ensuring
for all citizens, without discrimination, opportunities for employment and
livelihood under just and humane conditions, and towards promoting safety,
health and welfare facilities in employment.
The Republic shall encourage the promotion of bilateral
and regional cooperation between and among Liberian and other nations and
the formation and maintenance of regional organizations aimed at the
cultural, social, political and economic development of the peoples of
Africa and other nations of the world.
The Republic shall ensure the publication and
dissemination of this Constitution throughout the Republic and the
teaching of its principles and provisions in all institutions of learning
- All persons are born equally free and independent and have certain
natural, inherent and inalienable rights, among which are the right of
enjoying and defending life and liberty, of pursuing and maintaining
and security of the person and of acquiring, possessing and protecting
property, subject to such qualifications as provided for in this
- All persons, irrespective of ethnic background, race, sex, creed,
place of origin or political opinion, are entitled to the fundamental
rights and freedoms of the individual, subject to such qualifications
as provided for in this Constitution.
- All persons are equal before the law and are therefore entitled to
the equal protection of the law.
No person shall be held in slavery or forced labor
within the Republic, nor shall any citizen of Liberia nor any person
resident therein deal in slaves or subject any other person to forced
labor, debt bondage or peonage; but labor reasonably required in
consequence of a court sentence or order conforming to acceptable labor
standards, service in the military, work or service which forms part of
normal civil obligations or service exacted in cases of emergency or
calamity threatening the life or well-being of the community shall not be
deemed forced labor.
- Every person lawfully within the Republic shall have the right to move
freely throughout Liberia, to reside in any part thereof and to leave
therefrom subject however to the safeguarding of public security, public
order, public health or morals or the rights and freedoms of others.
- Every Liberian Citizen shall have the right to leave and to enter
Liberia at any time. Liberian citizens and non-Liberian residents may be
extradited to foreign country for prosecution of a criminal offense in
accordance with the provisions of an extradition treaty or other
reciprocal international agreements in force. Non-Liberian residents may
be expelled from the Republic of Liberia for cause.
All persons shall be entitled to freedom of thought,
conscience and religion and no person shall be hindered in the enjoyment
thereof except as may be required by law to protect public safety, order,
health, or morals or the fundamental rights and freedoms of others. All
persons who, in the practice of their religion, conduct themselves
peaceably, not obstructing others and conforming to the standards set out
herein, shall be entitled to the protection of the law. No religious
denomination or sect shall have any exclusive privilege or preference over
any other, but all shall be treated alike; and no religious tests shall be
required for any civil or military office or for the exercise of any civil
right. Consistent with the principle of separation of religion and state,
the Republic shall establish no state religion.
- Every person shall have the right to freedom of expression, being
fully responsible for the abuse thereof. This right shall not be
curtailed, restricted or enjoined by government save during an emergency
declared in accordance with this Constitution.
- The right encompasses the right to hold opinions without interference
and the right to knowledge. It includes freedom of speech and of the
press, academic freedom to receive and impart knowledge and information
and the right of libraries to make such knowledge available. It includes
non-interference with the use of the mail, telephone and telegraph. It
likewise includes the right to remain silent.
- In pursuance of this right, there shall be no limitation on the public
right to be informed about the government and its functionaries.
- Access to state owned media shall not be denied because of any
disagreement with or dislike of the ideas express. Denial of such access
may be challenged in a court of competent jurisdiction.
- This freedom may be limited only by judicial action in proceedings
grounded in defamation or invasion of the rights of privacy and
publicity or in the commercial aspect of expression in deception, false
advertising and copyright infringement.
No person shall be subjected to interference with his
privacy of person, family, home or correspondence except by order of a
court of competent jurisdiction.
All persons, at all times, in an orderly and peaceable
manner, shall have the right to assemble and consult upon the common good,
to instruct their representatives, to petition the Government or other
functionaries for the redress of grievances and to associate fully with
others or refuse to associate in political parties, trade unions and other
All Liberian citizens shall have equal opportunity for
work and employment regardless of sex, creed, religion, ethnic background,
place of origin or political affiliation, and all shall be entitled to
equal pay for equal work.
No person other than members of the Armed Forces of
Liberia or of the militia in active service shall be subject to military
law, or made to suffer any pains or penalties by virtue of that law, or be
tried by courts-martial.
- No person shall be deprived of life, liberty, security of the person,
property, privilege or any other right except as the outcome of a
hearing judgment consistent with the provisions laid down in this
Constitution and in accordance with due process of law. Justice shall be
done without sale, denial or delay; and in all cases not arising in
courts not of record, under courts-martial and upon impeachment, the
parties shall have the right to trial by jury.
- The right of an appeal from a judgment, decree, decision or ruling of
any court or administrative board or agency, except the Supreme Court,
shall be held inviolable. The legislature shall prescribe rules and
procedures for the easy, expeditious and inexpensive filing and hearing
of an appeal.
- No person shall be made subject to any law or punishment which was not
in effect at the time of commission of an offense, nor shall the
Legislature enact any bill of attainder or ex post facto law.
- No person shall be subject to search or seizure of his person or
property, whether on a criminal charge or for any other purpose, unless
upon warrant lawfully issued upon probable cause supported by a solemn
oath or affirmation, specifically identifying the person or place to be
searched and stating the object of the search; provided, however, that a
search or seizure shall be permissible without a search warrant where
the arresting authorities act during the commission of a crime or in hot
pursuit of a person who has committed a crime.
- Every person suspected or accused of committing a crime shall
immediately upon arrest be informed in detail of the charges, of the
right to remain silent and of the fact that any statement made could be
used against him in a court of law. Such person shall be entitled to
counsel at every stage of the investigation and shall have the right not
to be interrogated except in the presence of counsel. Any admission or
other statements made by the accused in the absence of such counsel
shall be deemed inadmissible as evidence in a court of law.
All accused persons shall be bailable upon their personal
recognizance or by sufficient sureties, depending upon the gravity of
the charge, unless charged for capital offenses or grave offenses as
defined by law.
Excessive bail shall not be required, nor excessive fines imposed,
nor excessive punishment inflicted.
No person charged, arrested, restricted, detained or otherwise held in
confinement shall be subject to torture or inhumane treatment; nor shall
any person except military personnel, be kept or confined in any
military facility; nor shall any person be seized and kept among
convicted prisoners or treated as a convict, unless such person first
shall have been convicted of a crime in court of competent jurisdiction.
The Legislature shall make it a criminal offense and provide for
appropriate penalties against any police or security officer,
prosecutor, administrator or any other public or security officer,
prosecutor, administrator or any other public official acting in
contravention of this provision; and any person so damaged by the
conduct of any such public official shall have a civil remedy therefor,
exclusive of any criminal penalties imposed.
- Every person arrested or detained shall be formally charged and
presented before a court of competent jurisdiction within forty-eight
hours. Should the court determine the existence of a prima facie case
against the accused, it shall issue a formal writ of arrest setting
out the charge or charges and shall provide for a speedy trial. There
shall be no preventive detention.
- The right to the writ of habeas corpus, being essential to the
protection of human rights, shall be guaranteed at all times, and any
person arrested or detained and not presented to court within the
period specified may in consequence exercise this right
- No person shall be held to answer for a capital or infamous crime
except in cases of impeachment, cases arising in the Armed Forces and
petty offenses, unless upon indictment by Grand Jury; and in all such
cases, the accused shall have the right to a speedy, public and
impartial trial by a jury of the vicinity, unless such person shall,
with appropriate understanding, expressly waive the right to a jury
trial. In all criminal cases, the accused shall have the right to be
represented by counsel of his choice, to confront witnesses against
him and to have compulsory process for obtaining witnesses in his
favor. He shall not be compelled to furnish evidence against himself
and he shall be presumed innocent until the contrary is proved beyond
a reasonable doubt. No person shall be subject to double jeopardy.
- The right to counsel and the rights of counsel shall be inviolable.
There shall be no interference with the lawyer-client relationship. In
all trials, hearings, interrogatories and other proceedings where a
person is accused of a criminal offense, the accused shall have the
right to counsel of his choice; and where the accused is unable to
secure such representation, the Republic shall make available legal
aid services to ensure the protection of his rights.
- There shall be absolute immunity from any government sanctions or
interference in the performance of legal services as a counselor or
advocate; lawyers’ offices and homes shall not be searched or papers
examined or taken save pursuant to a search warrant and court order;
and no lawyer shall be prevented from or punished for providing legal
services, regardless of the charges against or the guilt of his
client, no lawyer shall be barred from practice for political reasons.
- Any person who, upon conviction of a criminal offense, was deprived
of the enjoyment of his civil rights and liberties, shall have the
same automatically restored upon serving the sentence and satisfying
any other penalty imposed, or upon an executive pardon.
- Every person shall have the right to own property alone as well as
in association with others; provided that only Liberian citizens shall
have the right to own real property within the Republic.
- Private property rights, however, shall not extend to any mineral
resources on or beneath any land or to any lands under the seas and
waterways of the Republic. All mineral resources in and under the seas
and other waterways shall belong to the Republic and be used by and
for the entire Republic.
- Non-citizen missionary, educational and other benevolent
institutions shall have the right to own property, as long as that
property is used for the purposes for which acquired; property no
longer so used shall escheat to the Republic)
- The Republic may, on the basis of reciprocity, convey to a foreign
government property to be used perpetually for its diplomatic
activities. This land shall not be transferred or otherwise conveyed
to any other party or used for any other purpose, except upon the
expressed permission of the Government of Liberia. All property so
conveyed may escheat to the Republic in the event of a cessation of
- The property which a person possesses at the time of marriage or
which may afterwards be acquired as a result of one’s own labors
shall not be held for or otherwise applied to the liquidation of the
debts or other obligations of the spouse, whether contracted before or
after marriage; nor shall the property which by law is to be secured
to a man or a woman be alienated or be controlled by that person’s
spouse save by free and voluntary consent.
- The Legislature shall enact laws to govern the devolution of estates
and establish rights of inheritance and descent for spouses of both
statutory and customary marriages so as to give adequate protection to
surviving spouses and children of such marriages.
- While the inviolability of private property shall be guaranteed by
the Republic, expropriation may be authorized for the security of the
nation in the event of armed conflict or where the public health and
safety are endangered or for any other public purposes, provided:
i) that reasons for such expropriation are given;
ii) that there is prompt payment of just
iii) that such expropriation or the compensation
offered may be challenged freely by the owner of the property in a
court of law with no penalty for having brought such action;
iv) that when property taken for public use
ceases to be so used, the Republic shall accord the former owner or
those entitled to the property through such owner, the right of
first refusal to reacquire the property.
- All real property held by a person whose certificate of
naturalization has been cancelled shall escheat to the Republic
unless such person shall have a spouse and/or lineal heirs who are
Liberian citizens, in which case the real property shall be
transferred to them in accordance with the intestacy law.
- The power of the Legislature to provide punishment for treason or
other crimes shall not include a deprivation or forfeiture of the
right of inheritance, although its enjoyment by the convicted person
shall be postponed during a term of imprisonment judicially imposed;
provided that if the convicted person has minor children and a
spouse, the spouse or next of kin in the order of priority shall
administer the same. No punishment shall preclude the inheritance,
enjoyment or forfeiture by others entitled thereto of any property
which the convicted person at the time of conviction or subsequent
thereto may have possessed.
Obligation of contract shall be guaranteed by the
Republic and no laws shall be passed which might impair this right.
Where any person or any association alleges that any
of the rights granted under this Constitution or any legislation or
directives are constitutionally contravened, that person or association
may invoke the privilege and benefit of court direction, order or writ,
including a judgment of unconstitutionality; and anyone injured by an
act of the Government or any person acting under its authority, whether
in property, contract, tort or otherwise, shall have the right to bring
suit for appropriate redress. All such suits brought against the
Government shall originate in a Claims Court; appeals from judgment of
the Claims Court shall lie directly to the Supreme Court.
CHAPTER IV – CITIZENSHIP
- All persons who, on the coming into force of this Constitution were
lawfully citizens of Liberia shall continue to be Liberian citizens.
- In order to preserve, foster and maintain the positive Liberian
culture, values and character, only persons who are Negroes or of
Negro descent shall qualify by birth or by naturalization to be
citizens of Liberia.
- The Legislature shall, adhering to the above standard, prescribe
such other qualification criteria for the procedures by which
naturalization may be obtained.
Any person, at least one of whose parents was a
citizen of Liberia at the time of the Person’s birth, shall be a
citizen of Liberia; provided that any such person shall upon reaching
maturity renounce any other citizenship acquired by virtue of one parent
being a citizen of another country. No citizen of the Republic shall be
deprived of citizenship or nationality except as provided by law; and no
person shall be denied the right to change citizenship or nationality.
The legislative power of the Republic shall be vested
in the Legislature of Liberia which shall consist of two separate houses:
A Senate and a House of Representatives, both of which must pass on all
legislation. The enacting style shall be: "It is enacted by the
Senate and House of Representatives of the Republic of Liberia in
Citizens of Liberia who meet the following
qualifications are eligible to become members of the Legislature.
- for the Senate, have attained the age of 30 years and for the House
of Representatives, have attained the age of 25 years;
- be domiciled in the country or constituency to be represented not
less than one year prior to the time of the election and be a
Each member of the Legislature, before taking his seat
and entering upon the duties of office, shall take and subscribe to a
solemn oath of affirmation, before the presiding officer of the House to
which such person was elected and in the presence of other members of that
House, to uphold and defend the Constitution and laws of the Republic and
to discharge faithfully the duties of such office.
- The Legislature shall assemble in regular session once a year on the
second working Monday in January.
- The President shall, on his own initiative or upon receipt of a
certificate signed by at least one-fourth of the total membership of
each House, and by proclamation, extend a regular session of the
Legislature beyond the date for adjournment or call a special
extraordinary session of that body to discuss or act upon matters of
national emergency and concern. When the extension or call is at the
request of the Legislature, the proclamation shall be issued not later
than forty-eight hours after receipt of the certificate by the
Simple majority of each House shall constitute a quorum
for the transaction of business, but a lower number may adjourn from day
to day and compel the attendance of absent members. Whenever the House of
Representatives and the Senate shall meet in joint session, the presiding
officer of the House of Representatives shall preside.
The Legislature shall have the power:
a) to create new counties and other political sub-division, and readjust
existing county boundaries;
b) to provide for the security of the Republic;Armed Forces of the
Republic, and to make appropriations therefor provided that no
appropriation of money for that use shall be for a longer term than on
year; and to make rules for the governance of the Armed Forces of the
c) to levy taxes, duties, imports, exercise and other revenues, to
borrow money, issue currency, mint coins, and to make appropriations for
the fiscal governance of the Republic, subject to the following
all revenue bills, whether subsidies, charges, imports, duties or
taxes, and other financial bills, shall originate in the House of
Representatives, but the Senate may propose or concur with amendments as
on other bills. No other financial charge shall be established, fixed,
laid or levied on any individual, community or locality under any
pretext whatsoever except by the expressed consent of the individual,
community or locality. In all such cases, a true and correct account of
funds collected shall be made to the community or locality;
no monies shall be drawn from the treasure except in consequence of
appropriations made by legislative enactment and upon warrant of the
President; and no coin shall be minted or national currency issued
except by the expressed authority of the Legislature. An annual
statement and account of the expenditure of all public monies shall be
submitted by the office of the President to the Legislature and
published once a year;
no loans shall be raised by the Government on behalf of the Republic
or guarantees given for any public institutions or authority otherwise
than by or under the authority of a legislative enactment;
constitute courts inferior to the Supreme Court, including circuit courts,
claims courts and such courts with prescribed jurisdictional powers as may
be deemed necessary for the proper administration of justice throughout
f. to approve treaties, conventions and such other international
agreements negotiated or signed on behalf of the Republic;
g. to regulate trade and commence between Liberia and other nations;
h. to establish laws for citizenship, naturalization and residence;
i. to enact the election laws;
j. to establish various categories
of criminal offenses and provide for the punishment thereof;
k. to enact laws providing pension scheme for various categories of
government officials and employees in accordance with age and tenure of
l. to make other laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by this
Constitution in the Government of the Republic, or in any department or
Each bill or resolution which shall have passed both
Houses of the Legislature shall, before it becomes law, be laid before the
President for his approval. If he grants approval, it shall become law. If
the President does not approve such bill or resolution, he shall return
it, with his objections, to the House in which it originated. In so doing,
the President may disapprove of the entire bill or resolution or any item
or items thereof. This veto may be overridden by the re-passage of such
bill, resolution or item thereof by a veto of two-thirds of the members in
each House, in which case it shall become law. If the President does not
return the bill or resolution within twenty days after the same shall have
been laid before him it shall become law in like manner as if he had
signed it, unless the Legislature by adjournment prevents its return.
No bill or resolution shall
embrace more than one subject which shall be expressed in its title.
The Senators and Representatives shall receive from the
Republic remuneration for their services to be fixed by law, provided that
any increase shall become effective at the beginning of the next fiscal
In the event of a vacancy in the Legislature caused by
death, resignation, expulsion or otherwise, the presiding officer shall
within 30 days notify the Elections Commission thereof. The Elections
Commission shall not later than 90 days thereafter cause a by-election to
be held; provided that where such vacancy occurs within 90 days prior to
the holding of general elections, the filling of the vacancy shall await
the holding of such general elections.
Each House shall adopt its own rules of procedure,
enforce order and with the concurrence of two-thirds of the entire
membership, may expel a member for cause. Each House shall establish its
own committees and sub-committees; provided, however, that the committees
on revenues and appropriations shall consist of one member from each
County. All rules adopted by the Legislature shall conform to the
requirements of due process of law laid down in this Constitution.
The Legislature shall cause a census of the Republic to
be undertaken every ten years.
Neither House shall adjourn for more than rive days
without the consent of the other and both Houses shall always sit in the
The business of the Legislature shall be concluded in
the English language or, when adequate preparations shall have been made,
in one more of the languages of the Republic as the Legislature may by
No member of the Senate or House of Representatives
shall be arrested, detained, prosecuted or tried as a result of opinions
expressed or votes cast in the exercise of the functions of his office.
Members shall be privileged from arrest while attending, going to or
returning from sessions of the Legislature, except for treason, felony or
breach of the peace. All official acts done or performed and all statement
made in the Chambers of the Legislature shall be privileged, and no
Legislator shall be held accountable or punished therefor.
The power to prepare a bill of impeachment is vested
solely in the House of Representatives, and the power to try all
impeachments is vested solely in the Senate. When the President, Vice
President or an Associate Justice is to be tried, the Chief Justice shall
preside; when the Chief Justice or a judge of a subordinate court of
record is to be tried, the President of the Senate shall preside. No
person shall be impeached but by the concurrence of two-thirds of the
total membership of the Senate. Judgements in such cases shall not extend
beyond removal from office and disqualification to hold public office in
the Republic; but the party may be tried at law for the same offense. The
Legislature shall prescribe the procedure for impeachment proceedings
which shall be in conformity with the requirements of due process of law.
Contempt of the Legislature shall consist of actions
which obstruct the legislative functions or which obstruct or impede
members or officers of the Legislature in the discharge of their
legislative duties and may be punished by the House concerned by
reasonable sanctions after a hearing consistent with due process of law.
No sanctions shall extend beyond the session of the Legislature wherein it
is imposed, and any sanction imposed shall conform to the provisions on
Fundamental Rights laid down in the Constitution. Disputes between
legislators and non-members which are properly cognizable in the courts
shall not be entertained or heard in the Legislature.
The Senate shall composed of Senators elected for a
term of nine years by the registered voters in each of the counties, but a
Senator elected in a by-election to fill a vacancy created by death,
resignation, expulsion or otherwise, shall be so elected to serve only the
remainder of the unexpired term of office. Each county shall elect two
Senators and each Senator shall have one vote in the Senate. Senators
shall be eligible for re-election.
Immediately after the Senate shall have assembled
following the elections prior to the coming into force of this
Constitution, the Senators shall be divided into two categories as a
result of the votes cast in each county. The Senator with the higher votes
cast shall be the Senator from a county shall be placed in the same
category. The seats of Senators of the first category shall be vacated at
the expiration of the ninth year. In the interest of legislative
continuity, the Senators of the second category shall serve a first term
of six years only, after the first elections. Thereafter, all Senators
shall be elected to serve a term of nine years.
The Senate shall elect once every six years a President
Pro Tempore who shall preside in the absence of the President of the
Senate, and such shall officers as shall ensure the proper functioning of
the Senate. The President Pro Tempore and other officers so elected may be
removed from office for cause by resolution of a two-theirs majority of
the members of the Senate.
The House of Representatives shall be composed of
members elected for a term of six years by the registered voters in each
of the legislative constituencies of the counties, but a member of the
House of Representatives elected in a by-election to fill a vacancy
created by death, resignation or otherwise, shall be elected to serve only
the remainder of the unexpired term of the office. Members of the House of
Representatives shall be eligible for re-election.
The House of Representative shall elect once every six
years a Speaker who shall be the presiding officer of that body, a Deputy
Speaker, and such other officers as shall ensure the proper functioning of
the House. The speaker, the Deputy Speaker and other officers so elected
may be removed from office for cause by resolution of a two-thirds
majority of the members of the House.
CHAPTER VI -THE EXECUTIVE
The Executive Power of the Republic shall be vested
in the President who shall be Head of State, Head of Government and
Commander-in-Chief of the Armed Forces of Liberia. The president shall be
elected by universal adult suffrage of registered voters in the Republic
and shall hold office for a term of six years commencing at noon on the
third working Monday in January of the year immediately following the
elections. No person shall serve as President for more than two terms.
There shall be a Vice–President who shall assist the
President in the discharge of his functions. The Vice–President shall be
elected on the same political ticket and shall serve the same term as the
President. The Vice–President shall be President of the Senate and
preside over its deliberations without the right to vote, except in the
case of a tie vote. He shall attend meetings of the cabinet and other
governmental meetings and shall perform such functions as the President
shall delegate or deem appropriate; provided that no powers specifically
vested in the President by the provisions of this Constitution shall be
delegated to the Vice–President.
No person shall be eligible to hold the office of
President or Vice–President, unless that person is:
- a natural born Liberian citizen of not less than 35 years of age:
- the owner of unencumbered real property valued at not less than
twenty-five thousand dollars; and
- resident in the Republic ten years prior to his election, provided
that the President and the Vice–President shall not come from the
- The President and the Vice–President shall, before entering on the
execution of the duties of their respective offices, take a solemn oath
or affirmation to preserve, protect and defend the Constitution and laws
of the Republic and faithfully execute the duties of the office. The
oath or affirmation shall be administered in joint convention of both
Houses of the Legislature by the Chief Justice or, in his absence, the
most senior Associate Justice.
- In an emergency where the Chief Justice and the Associate Justice are
not available, such oath or affirmation shall be administered by a judge
of a subordinate court of record.
The President shall nominate and, with the consent of
the Senate, appoint and commission
- cabinet ministers, deputy and assistant cabinet ministers;
- ambassadors, ministers, consuls; and
- the Chief Justice and Associate Justice of the Supreme Court and
judges of subordinate courts;
- superintendents, other county officials and officials of other
- members of the military from the rank of lieutenant of its
equivalent and above; and
- marshals, deputy marshals, and sheriffs.
The President shall appoint and commission Notaries
Public and Justices of the Peace who shall hold office for a term of two
years but may be removed by the President for cause. They shall be
eligible for appointment.
- All cabinet ministers, deputy and assistant cabinet ministers,
ambassadors, ministers and consuls, superintendents of counties and
other government officials, both military and civilian, appointed by the
President pursuant to this Constitution shall hold their offices at the
pleasure of the President.
- There shall be elections of Paramount, Clan and Town Chiefs by the
registered voters in their respective localities, to serve for a term of
six years. They may be re-elected and may be removed only by the
President for proved misconduct. The Legislature shall enact laws to
provide for their qualifications as may be required.
The President shall have the power to conduct the
foreign affairs of the Republic and in that connection he is empowered to
conclude treaties, conventions and similar international agreements with
the concurrence of a majority of each House of the Legislature.
The President shall, on the fourth working Monday in
January of each year, present the administration’s legislative program
for the ensuing session, and shall once a year report to the Legislature
on the state of the Republic. In presenting the economic condition of the
Republic the report shall cover expenditure as well as income.
The President may remit any public forfeitures and
penalties suspend and fines and sentences, grant reprieves and pardons,
and restore civil rights after conviction for all public offenses, except
The President and the Vice–President shall receive
salaries which shall be determined by the Legislature and be paid by the
Republic. Such salaries shall be subject to taxes as defined by law and
shall neither be increased nor diminished during the period for which the
President and the Vice–President shall have elected.
The President shall be immune from any suits, actions
or proceedings, judicial or otherwise, and from arrest, detention or other
actions on account of any act done by him while President of Liberia
pursuant to any provision of this Constitution or any other laws of the
Republic. The President shall not, however, be immune from prosecution
upon removal from office for the commission of any criminal act done while
The President and the Vice–President may be removed
from office by impeachment for treason, bribery and other felonies,
violation of the Constitution or gross misconduct.
- Whenever a person elected to the office of President dies or is
otherwise incapacitated before being inaugurated into office, the Vice–President
elected shall succeed to the office of President, and this accession
shall commence a term.
- Whenever the office of the President shall become vacant by reason of
death, resignation, impeachment, or the President shall be declared
incapable of carrying out the duties and functions of his office, the
Vice–President shall succeed to the of the President to complete the
unexpired term. In such a case, this not constitute a term.
- The Legislature shall, no later than one year after the coming into
force of this Constitution, prescribe the guidelines and determine the
procedure under which the President, by reason of illness, shall be
declared incapable of carrying out the functions of his office.
- Whenever the office of the Vice–President becomes vacant by reason
of death, resignation, impeachment, inability or otherwise, the
President shall, without delay, nominate a candidate who, with the
concurrence of both Houses of the Legislature, shall be sworn in and
hold office as Vice–President until the next general elections are
held. Whenever the Vice–President elect dies, resigns, or is
incapacitated before being inaugurated, the President elected on the
same ticket with him, shall, after being inaugurated into office,
nominate without delay a candidate who, with the concurrence of both
Houses of the Legislature, shall be sworn in an hold office as Vice–President
until the next general elections are held.
Whenever the office of the President and of the Vice–President
shall become vacant by reason of removal, death, resignation, inability or
other disability of the President and Vice–President, the Speaker of the
House of Representatives shall be sworn in as Acting President until the
holding of elections to fill the vacancies so created. Should the Speaker
be legally incapable or otherwise unable to assume the office of Acting
President, then the same shall devolve in order upon the Deputy speaker
and members of the Cabinet in the order of precedence as established by
law. The Elections Commission shall within ninety days conduct elections
for a new President and a new Vice–President.
CHAPTER VII - THE JUDICIARY
The Judicial Power of the Republic shall be vested in a
Supreme Court and such subordinate courts as the legislature may from time
to time establish. The courts shall apply both statutory and customary
laws in accordance with the standards enacted by the Legislature.
Judgements of the Supreme Court shall be final and binding and shall not
be subject to appeal or review by any other branch of Government. Nothing
in this Article shall prohibit administrative consideration of the
Justiciable matter prior to review by a court of competent jurisdiction.
The Supreme Court shall be final arbiter of
constitutional issues and shall exercise final appellate jurisdiction in
all cases whether emanating from courts of record, courts not of record,
administrative agencies, autonomous agencies or any other authority, both
as to law and fact except cases involving ambassadors, ministers, or cases
in which a country is a party. In all such cases, the Supreme Court shall
exercise original jurisdiction. The Legislature shall make no law nor
create any exceptions as would deprive the Supreme Court of any of the
powers granted herein.
The Supreme Court shall comprise of one Chief Justice
and four Associate Justice, a majority of whom shall be deemed competent
to transact the business of the Court. It a quorum is not obtained to
enable the Court to hear any case, a circuit judge in the order of
seniority shall sit as an ad hod justice of the Supreme Court.Article
The Chief Justice and Associate Justice of the Supreme
Court shall, with the consent of the Senate, be appointed and commissioned
by the President; provided that any person so appointed shall be:
- a citizen of Liberia and of good moral character; and
- a counselor of the Supreme Court Bar who has practiced for at least
The judges of subordinate courts of record shall, with
the consent of the Senate, be appointed and commissioned by the President,
provided that any person so appointed shall be:
- a citizen of Liberia and of good moral character; and
- an Attorney-at-Law whom has practiced for at least 3 years, or a
counselor of the Supreme Court Bar.
The Chief Justice and the Associate Justices of the
Supreme Court and all judges of subordinate courts shall, before assuming
the functions of their office, subscribe to a solemn oath or affirmation
to discharge faithfully and impartially the duties and functions of their
office and to preserve, protect and defend the Constitution and laws of
the Republic. The oath or affirmation shall be administered by the
president or his designee.
The Chief Justice and Associates Justices of the
Supreme Court and the judges of subordinate courts of record shall hold
office during good behavior. They may be removed upon impeachment and
conviction by the Legislature based on proved misconduct, gross breach of
duty, inability to perform the functions of their office, or conviction in
a court of law for treason, bribery or other infamous crimes.
- The Justices of the Supreme Court and all other judges shall receive
such salaries, allowances and benefits as shall be established by law.
Such salaries shall be subject to taxes as defined by law, provided that
they shall not otherwise be diminished. Allowances and benefits paid to
Justices of the Supreme Court and judges of subordinate courts may by
law be increased but may not be diminished except under a national
program enacted by the Legislature; nor shall such allowance and
benefits be subject to taxation.
- The Chief Justice and the Associate Justices of the Supreme Court and
judges of subordinate courts of record shall be retired at the age of
seventy; provided, however, that a justice of judge who has attained
that age may continue in office for as long as may be necessary to
enable him to render judgement or perform any other judicial duty in
regard to proceedings entertained by him before the attained that age.
No judicial official shall be summoned, arrested,
detained, prosecuted or tried civilly or criminally by or at the instance
of any person or authority on account of judicial opinions rendered or
expressed, judicial statements made and judicial acts done in the course
of a trial in open court or in chambers, except for treason or other
felonies, misdemeanor or breach of the peace. Statements made and acts
done by such officials in the course of a judicial proceeding shall be
privileged, and, subject to the above qualification, no such statement
made or acts done shall be admissible into evidence against them at any
trial or proceeding.
In all matters of contempt of court, whether in the
Supreme Court or in other courts, the penalties to be imposed shall be
fixed by the Legislature and shall conform to the provision on Fundamental
Rights laid down in this Constitution.
The Supreme Court shall from time to time make rules of
court for the purpose of regulating the practice, procedures and manner by
which cases shall be commenced and heard before it and all other
subordinate courts. It shall prescribe such code of conduct for lawyers
appearing before it and all other subordinate courts as may be necessary
to facilitate the proper discharge of the court’s functions. Such rules
and code, however, shall not contravene any statutory provisions or any
provisions of this Constitution.
a. Treason against the Republic shall consist of:
b. levying war against the Republic;
c. aligning oneself with or aiding and abetting another nation or people
with whom Liberia is at war or in a state of war;
d. acts of espionage for an enemy state;
e. attempting by overt act to overthrow the Government, rebellion
against the Republic, insurrection and mutiny; and
f. abrogating or attempting to abrogate, subverting or attempting or
conspiring to subvert the Constitution by use of force or show of force
or any other means which attempts to undermine this Constitution.
The Legislature shall have the power to declare the
punishment for treason; provided, however, that such punishment shall not
include a deprivation or forfeiture of the right of inheritance by the
convicted person of any property although he may not be entitled to
enjoyment thereof for as long as he continues to serve the term of
imprisonment imposed after conviction in a court of competent
jurisdiction. The right to enjoyment of any property inherited or
otherwise conveyed to or acquired by such convicted person shall be
automatically restored upon serving the term of imprisonment or other
punishment, or upon an executive pardon by the President. No punishment
shall preclude the inheritance and enjoyment, or cause the forfeiture by
others entitled thereto, of any property which the convicted person at the
time of any conviction or subsequent thereto may have possessed or been
POLITICAL PARTIES AND ELECTIONS
Since the essence of democracy is free competition of ideas expressed
by political parties and political groups as well as by individuals,
parties may freely be established to advocate the political opinions of
the people. Laws, regulations, decrees or measures which might have the
effect of creating a one-party state shall be declared unconstitutional.
All elections shall be by secret ballot as may be determined by the
Elections Commission, and every Liberian citizen not less than 18 years
of age, shall have the right to be registered as a voter and to vote in
public elections and referenda under this Constitution. The Legislature
shall enact laws indicating the category of Liberians who shall not form
or become members of political parties.
As used in this Chapter, unless the context otherwise
requires, an "association" means a body of persons, corporate or
other, which acts together for a common purpose, and includes a group of
people organized for any ethnic, social, cultural, occupational or
religious objectives; a "political party" shall be an
association with a membership of not less than five hundred qualified
voters in each of at least six counties, whose activities include
canvassing for votes on any public issue or in support of a candidate for
elective public office; and an "independent candidate" shall be
a person seeking electoral post or office with or without his own
organization, acting independently of a political party.
No association, by whatever name called, shall function
as a political party, nor shall any citizen be an independent candidate
for election to public office, unless:
- the association or independent candidate and his organization meet
the minimum registration requirements laid down by the Elections
Commission and are registered with it. Registration requirements shall
include filing with the Elections Commission a copy of the
constitution of the association and guidelines of the independent
candidate and his organization, a detailed statement of the names and
addresses of the association and its officers or of the independent
candidate and the officers of his organization, and fulfillment of the
provision of sub-sections (b), (c), (d) and (e) hereof. Registration
by the Elections Commission of any association or independent
candidate and his organization shall vest in the entity or candidate
and his organization so registered legal personality, with the
capacity to own property, real, personal or mixed, to sue and be sued
and to hold accounts. A denial of registration or failure by the
Elections Commission to register any applicant may be challenged by
the applicant in the Supreme Court;
- the membership of the association or the independent candidate’s
organization is open to every citizen of Liberia, irrespective of sex,
religion or ethnic background, except as otherwise provided in this
- the headquarters of the association or independent candidate and his
organization is situated:
- in the capital of the Republic where an association is involved or
where an independent candidate seeks election to the office of
President or Vice–President;
- in the headquarters of the county where an independent candidate
seeks election as a Senator; and
- in the electoral center in the constituency where the candidate
seeks election as a member of the House of Representatives or to any
other public office;
d. the name, objective, emblem or
motto of the association or of the independent candidate and his
organization is free from any religious connotations or divisive ethnic
implications and that the activities of the association or independent
candidate are not limited to a special group or, in the case of an
association, limited to a particular geographic area of Liberia;
e. the constitution and rules of the political party shall conform to the
provisions of this Constitution, provide for the democratic elections of
officers and/or governing body at least once every six years, and ensure
the election of officers from as many of the regions and ethnic groupings
in the country as possible. All amendments to the Constitution or rules of
a political party shall be registered with the Elections Commission no
later than ten days from the effective dates of such amendments.
- Parties or organizations which, by reason of their aims or the
behavior of their adherents, seek to impair or abolish the free
democratic society of Liberia or to endanger the existence of the
Republic shall be denied registration.
- Parties or organization which retain, organize, train or equip any
person or group of persons for the use or display of physical force or
coercion in promoting any political objective or interest, trained or
equipped, shall be denied registration, or if registered, shall have
their registration revoked.
- Every Liberian citizen shall have the right to be registered in a
constituency, and to vote in public elections only in the constituency
where registered, either in person or by absentee ballot; provided that
such citizen shall have the right to change his voting constituency as
may be prescribed by the Legislature.
- Each constituency shall have an approximately equal population of
20,000, or such number of citizens as the legislature shall prescribe in
keeping with population growth and movements as revealed by a national
census; provided that the total number of electoral constituencies in
the Republic shall not exceed one hundred.
- Immediately following a national census and before the next election,
the Elections Commission shall reapportion the constituencies in
accordance with the new population figures so that every constituency
shall have as close to the same population as possible; provided,
however, that a constituency must be solely within a county.
Any citizen, political party, organization, or
association, being resident in Liberia, of Liberian nationality or origin
and not otherwise disqualified under the provisions of this Constitution
and laws of the land, shall have the right to canvass for the votes for
any political party or candidate at any election, provided that corporate
and business organizations and labor unions are excluded from so
canvassing directly or indirectly in whatsoever form.
- Any citizen or citizens, political party association or organization,
being of Liberian nationality or origin, shall have the right to
contribute to the funds or election expenses of any political party or
candidate; provided that corporate and business organizations and labor
unions shall be excluded from making and contribution to the funds or
expenses of any political party. The Legislature shall by law prescribe
the guidelines under which such contributions may be made and the
maximum amount which may be contributed.
- No political party or organization may hold or possess any funds or
other assets outside of Liberia; nor may they or any independent
candidates retain any funds or assets remitted or sent to them from
outside Liberia unless remitted or sent by Liberian citizens residing
abroad. Any funds or other assets received directly or indirectly in
contravention of this restriction shall be paid over or transferred to
the Elections Commission within twenty-one days of receipt. Information
on all funds received from abroad shall be filed promptly with the
- The Elections Commission shall have the power to examine into and
order certified audits of the financial transactions of political
parties and independent candidates and their organizations. The
Commission shall prescribe the kinds of records to be kept and the
manner in which they shall be conducted by a certified chartered public
accountant, not a member of any political party.
a) Voting for the President, Vice–President, members
of the Senate and members of the House of Representatives shall be
conducted throughout the Republic on the second Tuesday in October of each
- All elections of public officers shall be determined by an absolute
majority of the votes cast. If no candidate obtains an absolute
majority in the first ballot, a second ballot shall be conducted on
the second Tuesday following. The two candidates who received the
greatest numbers of votes on the first ballot shall be designated to
participate in the run-off election.
- The returns of the elections shall be declared by the Elections
Commission not later than fifteen days after the casting of ballots.
Any party or candidate who complains about the manner in which the
elections were conducted or who challenges the results thereof shall
have the right to file a complaint with the Elections Commission. Such
complaint must be filed not later than seven days after the
announcement of the results of the elections.
- The Elections Commission shall, within thirty days of receipt of the
complaint, conduct an impartial investigation and render a decision
which may involve a dismissal of the complaint or a nullification of
the election of a candidate. Any political party or independent
candidate affected by such decision shall not later than seven days
appeal against it to the Supreme Court.
- The Elections Commission shall within seven days of receipt of the
notice of appeal, forward all the records in the case to the Supreme
Court, which not later than seven days thereafter, shall hear and make
its determination. If the Supreme Court nullifies or sustains the
nullification of the election of any candidate, for whatever reasons,
the Elections commission shall within sixty days of the decision of the
Court conduct new elections to fill the vacancy. If the court sustains
the election of a candidate, the Elections Commission shall act to
effectuate the mandate of the Court.
- Every political party shall, on September 1 of each year, and every
candidate of such political party and every independent candidate shall,
not later than thirty days prior to the holding of an election in which
he is a candidate, publish and submit to the Elections Commission
detailed statements of assets and liabilities. These shall include the
enumeration of sources of funds and other assets, plus lists of
expenditures. Where the filing of such statements is made in an election
year, every political party and independent candidate shall be required
to file with the Elections Commissions additional detailed supplementary
statements of all funds received and expenditures made by them from the
date of filing of the original statements to the date of the elections.
Any political party or independent candidate who ceases to function
shall publish and submit a final financial statement to the Elections
The Legislature shall by law provide penalties for any
violations of the relevant provisions of this Chapter, and shall enact
laws and regulations in furtherance thereof not later than 1986; provided
that such penalties, laws or regulations shall not be inconsistent with
any provisions of this Constitution.
The President, as Commander-in-Chief of the Armed
Forces, may order any portion of the Armed Forces into a state of combat
readiness in defense of the Republic, before or after the declaration of a
state of emergency, as may be warranted by the situation. All military
power or authority shall at all times, however, be held in subordination
to the civil authority and the Constitution.
- The President may, in consultation with the Speaker of the House of
Representatives and the President Pro Tempore of the Senate, proclaim
and declare and the existence of a state of emergency in the Republic or
any part thereof. Acting pursuant thereto, the President may suspend or
affect certain rights, freedoms and guarantees contained in this
Constitution and exercise such other emergency powers as may be
necessary and appropriate to take care of the emergency, subject,
however, to the limitations contained in this Chapter.
- A state of emergency may be declared only where there is a threat or
outbreak of war or where there is civil unrest affecting the existence,
security or well-being of the Republic amounting to a clear and present
- Emergency powers do not include the power to suspend or abrogate the
Constitution, dissolve the Legislature, or suspend or dismiss the
Judiciary; and no constitutionals amendment shall be promulgated during
a state of emergency. Where the Legislature is not in session, it must
be convened immediately in special session and remain in session during
the entire period of the state of emergency.
- The writ of habeas corpus shall remain available and exercisable at
all times and shall not be suspended on account of any state of
emergency. It shall be enjoyed in the most free, easy, inexpensive,
expeditious and ample manner. Any person who suffers from a violation of
this right may challenge such violation in a court of competent
The President shall, immediately upon the declaration
of a state of emergency, but not later than seven days thereafter, lay
before the Legislature at its regular session or at a specially convened
session, the facts and circumstances leading to such declaration. The
Legislature shall within seventy-two hours, by joint resolution voted by
two-thirds of the membership of each house, decide whether the
proclamation of a state of emergency is justified or whether the measures
taken thereunder are appropriate. If the two-thirds vote is not obtained,
the emergency automatically shall be revoked. Where the Legislature shall
deem it necessary to revoked the state of emergency or to modify the
measures taken thereunder, the President shall act accordingly and
immediately carry out the decisions of the Legislature.
AUTONOMOUS PUBLIC COMMISSIONS
The following Autonomous Public Commissions are hereby
- CIVIL SERVICE COMMISSION;
B. ELECTIONS COMMISSION; and
- GENERAL AUDITING COMMISSION
- The Legislature shall enact laws for the governance of these
Commissions and create other agencies as may be necessary for the
effective operation of Government.
No person, whether elected or appointed to any public office, shall
engage in any other activity which shall be against public policy, or
constitute conflict of interest.
No person holding office shall demand and receive any other
perquisites, emoluments or benefits, directly or indirectly, on account
of any duty required by Government.
The Legislature shall, in pursuance of the above provision, prescribe
a Code of Conduct for all public officials and employees, stipulating
the acts which constitute conflict of interest or are against public
policy, and the penalties for violation thereof.
This Constitution may be amended whenever a proposal by
either (1) two-thirds of the membership of both Houses of the Legislature
or (2) a petition submitted to the Legislature, by not fewer than 10,000
citizens which receives the concurrence of two-thirds of the membership of
both Houses of the Legislature, is ratified by two-thirds of the
registered voters, voting in a referendum conducted by the Elections
Commission not sooner than one year after the action of the Legislature.
Proposed constitutional amendments shall be accompanied
by statements setting forth the reasons therefor and shall be published in
the Official Gazette and made known to the people through the information
services of the Republic. If more than one proposed amendment is to be
voted upon in a referendum they shall be submitted in such manner that the
people may vote for or against them separately.
The limitation of the Presidential term of office to
two terms, each of six years duration, may be subject to amendment;
provided that the amendment shall not become effective during the term of
office of the encumbent President.
TRANSITIONAL PROVISIONSArticle 94
Notwithstanding anything to the contrary in this Constitution, any
person duly elected to any office provided for under this Constitution
and under the laws in force immediately before the coming into force of
this Constitution shall be deemed to have been duly elected for the
purpose of this Constitution and to have assumed the position so
occupied on the date of coming into existence of this Constitution.
Notwithstanding anything to the contrary in this Constitution,
elections for the President, Vice–President and members of the
Legislature, prior to the coming into force of this Constitution, shall
be held on the 3rd Tuesday in January 1985. The person so elected
President of Liberia shall be inaugurated on the 12th day of April 1985.
The President, Vice–President and members of the Legislature who are
elected for the first term prior to the coming into force of this
Constitution, shall serve their respective terms less approximately
three months. This Constitution shall come into force simultaneously
with that inauguration.
Notwithstanding anything to the contrary in this Constitution, the
People’s Redemption Council shall by decree convene a session of the
newly elected Legislature before the 12 th day of April 1985, to enable
the Senate and House of Representatives to organize and elect their
officers. Such elections shall be conducted in accordance with the rules
and procedures laid down by the Legislature under the suspended
Constitution until changed by the new Legislature.
Any person who, under the laws extant immediately before the coming
into force of this Constitution, held an appointment or was acting in an
office shall be deemed to have been appointed, as far as it is
consistent with the provisions of this Constitution, to hold or to act
in the equivalent office under this Constitution until appointments
otherwise provided for under this Constitution shall have been made.
The Constitution of the Republic of Liberia which came into force on
the 26th day of July 1847, and which was suspended on the 12th day of
April 1980, is hereby abrogated. Notwithstanding this abrogation,
however, any enactment or rule of law in existence immediately before
the coming into force of this Constitution, whether derived from the
abrogated Constitution or from any other source shall, in so far as it
is not inconsistent with any provision of this Constitution, continue in
force as if enacted, issued or made under the authority of this
All treaties, executive and other international agreements and
obligations concluded by the Government of the People’s Redemption
Council or prior governments in the name of the Republic prior to the
coming into force of this Constitution shall continue to be valid and
binding on the Republic unless abrogated or cancelled or unless
otherwise inconsistent with this Constitution.
All foreign and domestic debts or other loans and obligations
contracted by the Government of the People’s Redemption Council or
Prior governments or any agency or other authority in the name of the
Republic of Liberia prior to the coming into existence of this
Constitution, shall continue to be binding on the enforceable by the
Republic of Liberia.
Notwithstanding anything to the contrary in this
- The People’s Supreme Court of Liberia and all subordinate courts
operating prior to the effective date of this Constitution shall
continue to so operate, and the Chief Justice, Associate Justices of
the People’s Supreme Court and judges of subordinate courts holding
appointments in such courts shall continue to hold such appointments
after the coming into existence of this Constitution until their
successors are appointed and qualified; provided, however, that all
judges of subordinate courts shall remain and preside in their
respective resident circuits pending the reconstruction of the Supreme
Court. The appointment by the President, with the consent of the
Senate, of the Chief Justice and Associate Justices of the Supreme
Court and judges of subordinate courts, shall be made as soon as
possible after the coming into force of this Constitution. The Chief
Justice and Associate Justices of the People’s Supreme Court and
judges of subordinate courts holding office prior thereto, unless
reappointed, shall cease to hold office and their function shall
automatically devolve upon the newly appointed Chief Justice,
Associate Justices of the Supreme Court and judges of subordinate
- Where any legal or administrative proceeding has been commenced, or
a person seeks action by any authority or one acting under the
authority of the Government, that matter may be carried on and
completed by the person or authority having power or by his
successor-in-office; and it shall not be necessary for any such
proceeding to be commenced de novo. Any act completed by any person or
authority having power under the existing law shall not be made the
subject of review or commenced anew by anyone assuming the authority
of that office after the coming into force of this Constitution.
- No executive, legislative, judicial or administrative action taken by
the People’s Redemption Council or by any persons, whether military or
civilian, in the name of that Council pursuant to any of its decrees
shall be questioned in any proceedings whatsoever; and, accordingly, it
shall not be lawful for any court or other tribunal to make any order or
grant any remedy or relief in respect or any such act.
- No court or other tribunal shall entertain any action whatsoever
instituted against the Government of Liberia, whether before or after
the coming into force of this Constitution or against any person or
persons who assisted in any manner whatsoever in bringing about the
change of Government of Liberia on the 12th day of April, 1980, in
respect of any act or commission relating to or consequent upon:
- The overthrow of the government in power in Liberia before the
establishment of the government of the People’s Redemption
- The suspension of the Constitution of Liberia of July 26, 1847;
- The establishment, functioning and other organs established by the
People’s Redemption Council;
- The imposition of any penalties, including the death penalty, or
the confiscation of any property by or under the authority of the
People’s Redemption Council under a decree made by the Council in
pursuance of but not limited to the measures undertaken by the
Council to punish persons guilty of crimes and malpractices to the
detriment of the Liberian nation, the people, the economy, or the
public interest; and
- The establishment of this Constitution.
This Schedule shall form and be an integral part of this Constitution
and shall have the same force as any other provision thereof.
All public officials and employees, whether elected or appointed,
holding office of public trust, shall subscribe to a solemn oath or
affirmation as follows:
"I, , do solemnly swear (affirm) that I will
support, uphold, protect and defend the Constitution and laws of the
Republic of Liberia, bear true faith and allegiance to the Republic,
and will faithfully, conscientiously and impartially discharge the
duties and functions of the office of to the best of my ability. SO
HELP ME GOD."
COMPLETED THIS 19TH DAY OF OCTOBER, A. D. 1983
IN THE CITY OF GBARNGA, BONG COUNTY, REPUBLIC OF LIBERIA
BY THE CONSTITUTIONAL ADVISORY ASSEMBLY
Edward Binyah Kesselly (Lofa County)
Charles H. Williams (Grand Bassa County)