The Liberian National Bar Association (LNBA), under its newly inducted President, Cllr. Bornor M. Varmah, has expressed grave concerns about emerging threats to Liberia’s constitutional democracy. Cllr. Varmah, in his inaugural address, highlighted a series of worrying trends, including violations of fundamental rights, questionable executive actions, a disregard for judicial decisions, and legislative overreach. He emphasized the LNBA’s commitment to holding institutions accountable and advocating for legal reforms that bolster governance, human rights, and social justice. While Cllr. Varmah did not explicitly detail the specific events prompting these concerns, his pronouncements underscore a perceived erosion of democratic principles and the rule of law within Liberia. The LNBA’s proactive stance signals a determination to safeguard the integrity of the Liberian constitution and protect the rights of its citizens.
Central to the LNBA’s strategy is the pursuit of greater operational independence. Currently operating under statutory guidelines that subject its functions to external influences, the LNBA aims to achieve a more autonomous status. This autonomy would empower the Bar to establish and enforce ethical standards for legal practitioners, refine licensing requirements, and implement disciplinary actions without undue interference. Cllr. Varmah stressed the importance of this independence in enabling the LNBA to effectively challenge unconstitutional actions, advocate for judicial reforms, and engage in public interest litigation without fear of political repercussions. This push for autonomy reflects the LNBA’s recognition of the vital role of an independent legal profession in safeguarding a democratic society.
The LNBA’s planned interventions to address constitutional violations are multifaceted. They include engaging with the Legislature and Executive to advocate for constitutional amendments that strengthen accountability mechanisms, providing legal opinions on potentially unconstitutional bills and executive actions, and collaborating with civil society organizations to exert pressure on the government to uphold constitutional principles. Furthermore, the LNBA intends to take disciplinary actions against lawyers, including those in government positions, who fail to adhere to constitutional principles. This comprehensive approach demonstrates the LNBA’s commitment to utilizing its legal expertise and influence to promote constitutional compliance across all branches of government.
A key component of the LNBA’s strategy is its intention to leverage its legal advocacy and public interest litigation capabilities. Cllr. Varmah indicated that the LNBA will scrutinize government actions and challenge them legally when deemed necessary. This includes filing legal challenges with the Supreme Court of Liberia against unconstitutional actions by any branch of government. Recognizing the pivotal role of the Supreme Court in upholding the rule of law, the LNBA will work with the Court to enhance the quality of its opinions and ensure they serve the best interests of law and public policy. This collaborative approach aims to strengthen the judiciary’s capacity to interpret and apply the constitution effectively.
The LNBA also plans to establish a constitutional watchdog committee to monitor government actions and report any constitutional violations. This committee will play a crucial role in ensuring ongoing vigilance and timely responses to potential breaches of constitutional principles. The LNBA’s commitment to transparency and public awareness is further demonstrated by its intention to publish reports on unconstitutional practices and recommend corrective measures. Engaging in public awareness and legal education initiatives, including forums, workshops, and media engagements, will empower citizens with knowledge of their constitutional rights and promote a culture of accountability.
Recognizing the critical importance of a robust and impartial justice system, the LNBA has prioritized justice sector reform. Cllr. Varmah acknowledged the persistent challenges of delays in judicial processes, corruption, and limited access to justice. The LNBA will actively push for reforms to enhance the efficiency, integrity, and accessibility of the judiciary. This commitment to judicial reform underscores the LNBA’s understanding that a well-functioning judiciary is essential for upholding the rule of law and protecting the rights of all citizens. The LNBA’s proactive stance, its commitment to operational independence, and its multi-pronged approach to addressing constitutional concerns signal a determined effort to safeguard Liberia’s democratic future.
