By Atty Philip N. Wesseh (PNW)
It is said that laws are made to “guide our conduct and behavior” and that these laws may come in many forms based on specific situation or professional groups. That is, there are many synonyms when it comes to the issue of laws. But no matter the nomenclature, all of them are geared towards abiding by certain rules and procedures.
One of such laws is known as CODE OF CONDUCT,” which simply means “a written set of rules governing the behavior of specified groups such as lawyers, government employees or corporate employees.”
In other words, code of conduct specifies or contains the “DOS and DON’TS” of those professionals. That is what one in a particular profession can behave. Further, it is defined as “a set of rules outlining the norms, rules and responsibility or proper practice of an individual or an organization.”
Additionally, it is referred to as “an organization’s mechanism for identifying the ethical and values of the firm and serve as a guide to individual’s action.” For example, there are codes of conduct for the Press Union of Liberia (PUL) and the Liberian National Bar Association (LNBA), of which I am a member.
As stated earlier, the laws governing the action and activities of those in the government are defined in its code of conduct. One of such issues that came to the limelight is the issue of presidential appointees serving on political party campaign team as was glaringly done recently by the governing Coalition for Democratic Change (CDC).
The party recently named several government officials, appointed by the President, something contrary to the code, on its campaign team for the pending senatorial election.
Among them are the Executive Director of the Environmental Protection Agency (EPA), Prof Wilson K. Tarpeh and the Managing Director of the National Port Authority (NPA), Bill Twehway, both of whom have since declined because such act contravenes the code of conduct. Disappointingly, others with similar status are still there, as some gurus of the part maintained that there was nothing wrong with such action to name presidential appointees on the team.
Professor Wilson Tarpeh and NPA Boss Bill Twehway
The issue of the violation came to the public glare when the Elections Coordinating Committee (ECC) headed by Oscar Bloh raised red flag about this, citing provisions of the code as it relates to the issue of campaign team.
A portion of the ECC press release reads: “The Elections Coordinating Committee (ECC) says it views the appointment by the Coalition of Democratic Change (CDC) of Government officials on its Campaign Team for the December 8, 2020 Special Senatorial Election as a gross violation of the Code of Conduct (part Five: Political Participation) that regulates the conduct of government officials related to electoral processes.
“The ECC maintained that respect for the rule of Law at every stage of the electoral process is the foundation for conducting credible and peaceful elections.
It quoted Section 5.1 of the Code of Conduct which states that: All officials appointed by the President of the Republic of Liberia shall not “engage in political activities, canvass, or contest for elected offices” and also “ serve on a campaign team of any political party, or the campaign of any Independent Candidate.”
“The appointment of Presidential appointees to the CDC Campaign Team is in breach of the provisions cited above and greatly undermines the integrity of the country’s democracy.”
The ECC then reminded Liberians that democratic governance is meaningless when the laws governing the conduct of elections are disrespected, ignored and violated.
“The conduct of election does not guarantee democracy. The foundation of democracy is grounded in respect for the rule of law. When this happens, democracy grows; it is deepened and consolidated,” it said.
The group then called on the CDC-led Government to impress upon the Leadership of the party to remove the names of presidential appointees that have been appointed to serve in various capacities on the CDC’s campaign team.
It went on: ”ECC Is not ignorant of violence marring ongoing elections in the region, especially our immediate neighbors, Guinea and Ivory Coast and calls on all political parties to demonstrate restrains, diligence, and due care to avoid any form of electoral violence.”
It noted that the Peace in the Region is already fragile due to ongoing political processes and Liberia must do all it can to reduce the risk of further fragility.
Back on the issue at bar, as we say in law, some are suggesting that if people feel that certain party acted ultra vire, they should go to court.
Frankly, I am not against that because the court is the “last resort.” But my primary concern is that some of the arguments by some of the CDC people that there was nothing wrong with this because it happened in the past.
Assuming that this is true, should such violations continue unabated or should that be a justification for egregiously and blatantly flouting or violating the code?
As it is said, “two wrongs cannot make a right.” And so for these individuals, including my long-time brother Presidential Affairs Minister Nathaniel McGill to argue in such form and manner, is unfortunate. Furthermore such argument has no place in the realm of logic and cannot hold water and is unpersuasive.
Minister of State for Presidential Affairs Nathaniel Mcgill
It is a known fact that one of the reasons why people elect a new government is to avoid the mistakes of the past and so if the previous government made some missteps or carried out some violations, this present government should learn from the past to avoid repeating those same mistakes, as such to illogically or irrationally use this as a defense to repeat these same mistakes is bad governance.
Also, there are people who took the CDC over other parties because of its slogan, “CHANGE FOR HOPE.” With the change now with the CDC in the driver’s seat, the people’s expectations are so high, and are hoping for a better Liberia.
Therefore, to repeat the same mistakes or missteps of the past, is unacceptable and a betrayal of the trust and confidence of the people.
To make long matter short, the CDC erred, and let it make the necessary corrections, as “to err is human,” as no one can claim incorrigibility.
I Rest My Case.