CONSTITUTION OF THE REPUBLIC OF LIBERIA

  TABLE OF CONTENTS

BASIC

DETAILED

Preamble

Chapter I - Structure Of The State

Chapter II - General Principles Of National Policy

Chapter III - Fundamental Rights

Chapter IV - Citizenship

Chapter V - The Legislature

Chapter VI - The Executive

Chapter VII - The Judiciary

Chapter VIII - Political Parties And Elections

Chapter IX - Emergency Powers

Chapter X - Autonomous Public Commissions

Chapter XI - Miscellaneous

Chapter XII - Amendments

Chapter XIII - Transitional Provisions

Schedule

Top

Detailed Index

CONSTITUTION OF THE REPUBLIC OF LIBERIA

PREAMBLE

CHAPTER I - STRUCTURE OF THE STATE

Article 1. Power of the People

Article 2. Supremacy of the Constitution

Article 3. Counties of the Republic and Form And Branches of Government

CHAPTER II - GENERAL PRINCIPLES OF NATIONAL POLICY

Article 4. Effects of General Principles and Policy

Article 5. Principles on Unity and Culture

Article 6. Principles on Equality in Educational Opportunities

Article 7. Principles on Management of National Economy

Article 8. Principles on Non discrimination in Employment Opportunities

Article 9. Principles on Regional and Bilateral Cooperation

Article 10. Publication, Dissemination and Teaching of the Constitution

CHAPTER III - FUNDAMENTAL RIGHTS

Article 11 .   

a. Right to Life, Liberty , Security and Property

b. Entitlement to Fundamental Rights

c. Right to Equal Protection of the Law

Article 12.   Prohibition Against Slavery and Forced Labor

Article 13.   

a. Right to Freedom of Movement

b. Right to Leave and Enter the Republic and Extradition of Liberian Citizens and Non Liberian Residents

Article 14.   Right to Freedom of Thought, Conscience and Religion

Article 15.   

a. Right to Freedom of Expression

b. Scope of Right to Freedom of Expression

c. Right of Public to be Informed

d. Right of Access to State Owned Media

e. Limitation of Freedom of Expression

Article 16.   Right to Privacy

Article 17 .   Right to Peaceful Assembly and Association

Article 18.   Right to Equal Opportunity for Work and Employment

Article 19.   Right not to be Subject to Military Law

Article 20.   

a. Right to Jury Trial and Due Process of Law

b. Right to Appeal

Article 21.   

a. Prohibition of Retroactive Law, Bill of Attainder and Ex Post Facto Law

b. Prohibition Against illegal Search or Seizure

c. Right to be Informed of Charges and Right to Remain Silent

d.    i. Right to Bail

       ii. Prohibition Against Excessive Bail, Fines and Punishment

e. Prohibition Against Torture or Inhumane Treatment

f. Right to be Presented before Court

g. Right to Writ of Habeas Corpus

h. Right to an Indictment by A Grand Jury when Charged with Infamous or Capital Offense

i. Inviolability of Right to Counsel

j. Right to Enjoyment of Civil Rights and Liberties After Service of Penalty or Upon Pardon

Article 22.   

a. Right to Own Property

b. Scope of Right to Own Property

c. Right of Non Citizen Missionary, Educational and Benevolent Institutions to Own Real Property

d. Right of Republic to Convey Real Property To Foreign Government

Article 23.   

a. Property Right of Spouse in or After Marriage

b. Legislative Enactment of Laws on Devolution of Estates

Article 24.   

a. Right of Republic to Expropriate Private Property

b. Forfeiture of Property Right by Denaturalized Citizens

c. Prohibition Against Inclusion of Forfeiture of Right Of Inheritance in Punishment for Crime

Article 25.   Prohibition Against Impairment of Right to Contract

Article 26 .   Right to Sue the Republic or other Persons for Fundamental Rights Violations

CHAPTER IV - CITIZENSHIP

Article 27.   

a. Citizenship on Coming into Force of Constitution

b. Eligibility for Citizenship by Birth and Naturalization Restricted to Negroes

Article 28.   Legislature to Prescribe Standard for Citizenship

CHAPTER V - THE LEGISLATURE

Article 29 .   Establishment of Legislature

Article 30.   Qualifications for Membership of Legislature

Article 31 .   Oath of Members

Article 32.   

a. Sessions of Legislature

b. Right of President to extend Session for Emergency

Article 33.   Quorum

Article 34.   Powers of Legislature

Article 35.   Veto of Proposed Legislation by President

Article 36.   Remuneration for Members of Legislature

Article 37.   By Election to Fill Vacancy

Article 38 .   Power of Legislature to Adopt Own Rules

Article 39.   Legislature to Authorize Census

Article 40.   Adjournment of Legislature

Article 41 .   Languages to Conduct Business

Article 42 .   Immunity of Members of Legislature

Article 43 .   Impeachment Power of Legislature

Article 44.   Contempt of the Legislature

Article 45.   Term of Office of Senators

Article 46.   Staggering of Senatorial Terms

Article 47 .   Election of Officers of Senate

Article 48 .   Term of Office of Members of House of Representatives

Article 49 .   Election of Officers of House of Representatives

CHAPTER VI - THE EXECUTIVE

Article 50.   Establishment of the Office of President and Tenure of Office of President

Article 51.    Establishment of the Office of Vice President And Prescribing Term of Office

Article 52.   Qualifications for Election to Office of President And Vice President

Article 53.   Oath of President and Vice President

Article 54.   Appointment Power of President

Article 55.   Appointment Power of President of Notaries Public And Justices of the Peace

Article 56 .   

a. Removal Power of the President

b. Elections and Removal of Chiefs

Article 57.   Presidential Power to Conduct Foreign Affairs

Article 58.   President to Present Annual Legislative Programs

Article 59.   Power of President to Pardon

Article 60.   Compensation for President and Vice President

Article 61.   Immunity of President

Article 62.   Removal of President and Vice President from Office

Article 63 .   

a. Accession to Presidency by Vice President Elect After the Death or Inability of President Elect

b. Completion of an Unexpired Presidential Term by Vice President

c. Guidelines and Procedures to declare the President Incapable to carry out the Duties of His Office

d. Power of President to Nominate a Vice President

Article 64 .   Accession to the Presidency in the Event of Vacancy In Offices of the President and the Vice President

CHAPTER VII - THE JUDICIARY

Article 65.   Vesting of Judicial Powers in the Supreme Court

Article 66.   Supreme Court to Have Final Appellate Jurisdiction

Article 67.   Composition of Supreme Court

Article 68.   Qualifications for Appointment as Justices of Supreme Court

Article 69 .   Qualifications for Appointment as Judges of Subordinate Courts

Article 70.   Oaths of Justices and Judges

Article 71 .   Tenure and Impeachment of Justices and Judges

Article 72 .   

a. Salaries and Allowance of Justices and Judges

b. Retirement age of Justices and Judges

Article 73.    Immunity of Justices and Judges

Article 74.   Contempt Power of Courts

Article 75 .   Power of Supreme Court to Make Rules of Court and Prescribe Code of Conduct for Lawyers

Article 76.   

a. Definition of Treason

b. Legislature to Prescribe Punishment for Treason

CHAPTER VIII- POLITICAL PARTIES AND ELECTIONS

Article 77.   

a. Establishment of Political Parties

b. Conduct of Elections and Eligibility Criteria for The Exercise of the Right to Vote

Article 78.   Definition of "Association", "Political Parties" And "Independent Candidate"

Article 79.   

a. Criteria for Registration as a Political Party Or Independent Candidate

b. Membership of Political Party or Independent Candidate's Organization

c. Location of Headquarters of Political Party and Independent Candidate

d. Limitation on Name, Objective, Emblem and Motto Of Political Party and Independent Candidate

e. Constitution and Rules of Political Party and Independent Candidate

Article 80.   

a. Power of Elections Commission to Deny Registration Of Political Party or Independent Candidate

b. Power of Elections Commission to Revoke Registration of Political Party or Independent Candidate

c. Right of Citizen to Vote and Change Constituency

d. Creation and Limitation of Constituency

e. Right of Elections Commission to Reapportion Constituencies

Article 81 .   Right of Citizen, Political Party, Organization or Association to Canvass for Votes in an Election

Article 82.   

a. Right of Citizen, Association or Organization To Contribute Funds to Political Party or Independent Candidate

b. Prohibition on Possession of Funds Outside the Republic or Contribution From Outside the Republic to any Political Party or Independent Candidate

c. Power of Elections Commission to Examine And Audit the Books of Political Parties or Independent Candidates

Article 83.   

a. Time for Conducting General Elections

b. Elections of Public Officers to be Determined by Absolute Majority

c. Power of Elections Commission to Declare Results of Elections and Right of Appeal by Any Aggrieved Party or Candidate

d. Publication of Statements of Assets and Liabilities by Political Parties and Independent Candidates

Article 84.   Legislature to Provide Penalties for Violation Of Chapter and Enact Laws in Furtherance Of Constitution

CHAPTER IX - EMERGENCY POWERS

Article 85.   Power of President to Order Armed Forces into State of Combat Readiness

Article 86.   

a. Power of President to Declare State Of Emergency

b. Conditions Under which State of Emergency may be Declared

Article 87.   

a. Limitations on Use of Emergency Powers

b. Right to Writ of Habeas Corpus not Affected by State of Emergency

Article 88.   The Establishment of Autonomous Public Commission and Power of Legislature to Enact Laws for their Governance

CHAPTER X - AUTONOMOUS PUBLIC COMMISSIONS

Article 89.   The Establishment of Autonomous Public Commissions and Power of Legislature to Enact Laws for their Governance

CHAPTER XI - MISCELLANEOUS

Article 90 .   

a. Prohibition Against Conflict of Interest

b. Prohibition Against Public Officials Demanding and Receiving Perquisites For Duties Legally Required

c. Power of Legislature to Prescribe Code of Conduct Against Conflict of Interest

CHAPTER XII - AMENDMENTS

Article 91.   Initiation and Process of Amendment

Article 92.   Publication of Proposal for Amendment and Separately Itemizing Amendments Sought

Article 93.   Limitation of Presidential Terms of Office

CHAPTER XIII - TRANSITIONAL PROVISIONS

Article 94.   

a. Persons Elected Prior to Promulgation of Constitution to be Considered Duly Elected Under Constitution

b. Swearing in of Newly Elected President on April 12, 1985 and Coming Into Force of Constitution

c. Convening of Newly Elected Legislature d. Position of Persons Appointed Prior to Coming into Force of Constitution

Article 95 .   

a. Abrogation of Constitution of July 26, 1847

b. Status of Treaties, Executive and Other Agreements Concluded by prior Government

c. Status of Foreign and Domestic Debts Concluded by Prior Governments

Article 96 .   

a. Continuity of Judiciary After the Coming Into Force of the Constitution and Power Of President to Appoint

b. Legal Proceedings Concluded not to be Commenced Anew

Article 97.   

a. Prohibition Against Question in Judicial or Other Forums of Actions taken by or in the Name of People's Redemption Council

b. Prohibition Against Court Entertaining any Action which Brought Change of Government On April 12, 1980 or any Other Act by People's Redemption Council

 

SCHEDULE

1. Schedule to Form Integral Part of Constitution

2. Oaths for Public Officials

PREAMBLE

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 back ground 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 posterity; and

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 and cooperation,

Do hereby solemnly make, establish, proclaim and publish this Constitution for the governance of the Republic of Liberia.

CHAPTER I

STRUCTURE OF THE STATE

Article 1   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.

Article 2   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 laws unconstitutional.

Article 3   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 the 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.

CHAPTER II

GENERAL PRINCIPLES OF NATIONAL POLICY

Article 4   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.

Article 5   The Republic shall:

a) 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;

 

b) 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;

 

c) 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 practices.

Article 6   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.

Article 7   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.

Article 8   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.

Article 9   The Republic shall encourage the promotion of bilateral and regional cooperation between and among Liberia 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.

Article 10   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 in Liberia.

CHAPTER III

FUNDAMENTAL RIGHTS

Article11   

a) 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 the security of the person and of acquiring, possessing and protecting property, subject to such qualifications as provided for in this Constitution.   

  

b) 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.   

  

c) All persons are equal before the law and are therefore entitled to the equal protection of the law.

Article 12   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.

Article 13

a) 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.   

 

b) 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 a 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.

Article 14   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 in 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.

Article 15   

a) 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.   

 

b) 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.   

 

c) In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries.   

 

d) 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.   

 

e) 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

Article 16   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.

Article17   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 organizations .

Article 18   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.

Article 19   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.

Article 20   

a) No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the out come 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.   

 

b) 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.

Article 21   

a) 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 .   

  

b) 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 .

  

c) 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.   

  

d)   (i) 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.

    (ii) Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted.   

  

e) 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 a 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 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.

  

f) 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 pro vide for a speedy trial. There shall be no preventive detention.  

  

g) 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 .   

  

h) 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 a 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.

  

i) 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 counsellor 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 pre vented from or punished for providing legal services, regard less of the charges against or the guilt of his client. No lawyer shall be barred from practice for political reasons.

  

j) 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.

Article 22   

a) 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 .

  

b) 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.   

  

c) 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 .

  

d) 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 diplomatic relations.

Article 23   

a) 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.

  

b) 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.

Article 24   

a) 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 compensation;

 

(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; and

 

(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.

b) 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.

 

c) 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.

Article 25   Obligation of contract shall be guaranteed by the Republic and no laws shall be passed which might impair this right.

Article 26   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

Article27   

a) All persons who, on the coming into force of this Constitution were lawfully citizens of Liberia shall continue to be Liberian citizens.

  

b) 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.

  

c) The Legislature shall, adhering to the above standard, pre scribe such other qualification criteria for and the procedures by which naturalization may be obtained.

Article 28   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.

CONSTITUTION OF THE REPUBLIC OF LIBERIA

CHAPTER V

THE LEGISLATURE

Article29   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 Legislature assembled."

Article 30   Citizens of Liberia who meet the following qualifications are eligible to become members of the Legislature:

a) for the Senate, have attained the age of 30 years and for the House of Representatives, have attained the age of 25 years;

b) be domiciled in the county or constituency to be represented not less than one year prior to the time of the election and be a taxpayer.

Article 31   Each member of the Legislature, before taking his seat and entering upon the duties of office, shall take and subscribe to a solemn oath or 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.

Article 32   

a) The Legislature shall assemble in regular session once a year on the second working Monday in January.

b) The President shall, on his own initiative or upon receipt of a certificate signed by at least one fourth of the total member ship of each House, and by proclamation, extend a regular session of the Legislature beyond the date for adjournment or call a special or 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 President.

Article 33   A 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.

Article 34   The Legislature shall have the power:

a) to create new counties and other political sub divisions, and readjust existing county boundaries;

b) to provide for the security of the Republic;

c) to provide for the common defense, to declare war and authorize the Executive to conclude peace; to raise and support the 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 one year; and to make rules for the governance of the Armed Forces of the Republic;

d)to levy taxes, duties, imposts, excise 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 qualifications:

(i) all revenue bills, whether subsidies, charges, imposts, 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;
(ii) no monies shall be drawn from the treasury 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 receipt and expenditure of all public monies shall be submitted by the office of the President to the Legislature and published once a year;
(iii) no loans shall be raised by the Government on behalf of the Republic or guarantees given for any public institution or authority otherwise than by or under the authority of a legislative enactment;

e) to constitute courts inferior to the Supreme Court, including circuit courts, claims courts and such other courts with such prescribed jurisdictional powers as may be deemed necessary for the proper administration of justice throughout the Republic;

f) to approve treaties, conventions and such other international agreements negotiated or signed on behalf of the Republic;

g) to regulate trade and commerce 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 service; and

l) to make ail 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 officer thereof .

Article 35   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 vote 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.

Article 36   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 year.

Article 37   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 .

Article 38   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.

Article 39   The Legislature shall cause a census of the Republic to be under taken every ten years.

Article 40   Neither House shall adjourn for more than five days without the consent of the other and both Houses shall always sit in the same city

Article 41   The business of the Legislature shall be conducted in the English language or, when adequate preparations shall have been made, in one or more of the languages of the Republic as the Legislature may by resolution approve.

Article 42  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.

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CHAPTER VI

Article 52   No person shall be eligible to hold the office of President or Vice President, unless that person is:

a) a natural born Liberian citizen of not less than 35 years of age;

b) the owner of unencumbered real property valued at not less than twenty five thousand dollars; and

c) resident in the Republic ten years prior to his election, pro vided that the President and the Vice President shall not come from the same County.

Article 53   

a) 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.

b) In an emergency where the Chief Justice and the Associate Justices are not available, such oath or affirmation shall be administered by a judge of a subordinate court of record.

a) cabinet ministers, deputy and assistant cabinet ministers;

b) ambassadors, ministers, consuls; and

c) the Chief Justice and Associate Justices of the Supreme Court and judges of subordinate courts;

d) superintendents, other county officials and officials of other political sub divisions;

e) members of the military from the rank of lieutenant or its equivalent and above; and

f) marshals, deputy marshals, and sheriffs .

Article 55   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 reappointment.

Article 56   

a) 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 .

b) 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.

Article 57   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.

Article 58   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.

Article 59   The President may remit any public forfeitures and penalties, suspend any fines and sentences, grant reprieves and pardons, and restore civil rights after conviction for all public offenses, except impeachment.

Article 60   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 been elected.

Article 61   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 President.

Article 62   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.

Article 63   

a) Whenever a person elected to the office of President dies or is otherwise incapacitated before being inaugurated into office, the Vice President elect shall succeed to the office of President, and this accession shall commence a term .

b) 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 office of the President to complete the unexpired term. In such a case, this shall not constitute a term.

c) The Legislature shall, no later than one year after the coming into force of this Constitution, prescribe the guidelines and determine the procedures under which the President, by reason of illness, shall be declared incapable of carrying out the functions of his office.

d) Whenever the office of the Vice President becomes vacant by reason of death, resignation, impeachment, inability or other wise, 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 election 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 and hold office as Vice President until the next general elections are held.

Article 64   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 the 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 upon the President Pro Tempore of the Senate. In any further line of descent, the office 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

Article 65   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. Judgments 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.

Article 66   The Supreme Court shall be the 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 county 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.