The Supreme Court has issued a writ on the Ministry of Justice restraining further movement in the implementation of sections 16.1 and 16.2 of the new LACC act.
The Supreme Court in a writ issued under the signature of the Clerk of Court Sam Mamulu urged the respondents to file their returns before the supreme Court on or before 10 November 2022.
The writ issued by the Supreme Court of Liberia has technically placed a restraining order on the Executive branch from taking acting to replace the currently Executive Chairperson of the Liberia Anti-corruption Commission Cllr. Edwin Kla Martin.
It can recall Executive Chairperson of Liberia Anti-corruption Commission Cllr. Edwin Kla Martin recently petitioned the Country highest court-the Supreme Court of Liberia challenging critical provisions of the recently passed amended and re-stated act of the LACC.
In his petition filed before the Supreme Court, Cllr. Edwin Kla Martin argued that provisions of the new act are discriminatory and totally against the 1986 constitution of Liberia and therefore should not be allow to stand.
Petitioner Martin said section 16.1 and 16.2 of the new LACC Act passed by the Legislature in July 2022 was a clear and flagrant violation of the principles and doctrine of expo facto law as enshrined in article 21 of the 1986 constitution of the Republic of Liberia.
He said the law passed by the legislature on July 22 ,2022 cannot affect him as he was nominated, confirm and appointed by the president for a period of five years before the passage of the law and therefore the law is expo facto.
Martin told the Supreme Court that the decision by the Legislature to pass such an act meant that they were taking on to themselves the power of dismissing him which is legally the responsiblity of the President.
The Country’s Anti-Corruption Chief said he can only be removed for gross breach of duty, misconduct in office, or any proven act of corruption as enshrined in article 6.8 of the 2008 act creating the LACC.
