Be Positve & Not Negative of Genuine Efforts

…A Wakeup Call to Journalists
By: Bill K. Jarkloh
Email: bmjarkloh@yahoo.com; jloplehdee@gmail.com

Many a time, it is sad when people who should be appreciative are whimsically critical of gestures that are meant for their own development and the enhancement of their professional goals, especially for the benefit of those in professional domains such as journalism. This has been the situation with some Liberian journalists who have failed to rally any support for or make any donation to the umbrella organization of Liberian journalists, but have instead stood by to criticize development initiatives.
Typical of such people are two former officials of the Press Union who are barking at a US$1000 assistance given by President of Liberia, Madam Ellen Johnson-Sirleaf, to help support the construction project of the Press Union of Liberia’s (PUL) Headquarters. The two journalists, Isaac Bantu and Emmanuel Abalo considered as “poor judgment” on the part of the Barpeen Administration, the request to Madam for assistance and the acceptance of the amount donate to the union in response to the Barpeen Administration’s request.
Messrs Bantu and Abalo uniquely served the Union’s leadership, but abandoned the Union in rented buildings without any traced of any form of assistance to the union. They don not care about the plight of the Union in rented buildings, not to mention making a contribution towards rescuing the PUL out of its dilemma. All they and their-likes know is to distance themselves from the Press Union’s development and to criticize genuine efforts towards the union’s upliftment. Certainly, it is woeful of the journalist’s criticisms, especially ones from Abalo and Bantu, whose traces of development of the union during their tenures of office are nowhere to be seen.
Instead of rallying support for the Union to move out of rented buildings while the sit at the United States, they have probably forgotten that the PUL’s extant development needs back home – doing nothing to rally support for its projects – the Headquarters Project in particular - which it is no doubt they know about. They forget their obligation to helping the union grow - to be on par with equal umbrella groups in other countries; they rather vaguely say the PUL’s administration of George Barpeen was being awarded for by President Sirleaf with the US$100,000 without stating what they leadership is awarded for. Maybe they need to be told that an award is a prize, a decoration or medal that is won for some good performance or works. If by this definitions they mention award of the PUL by President Sirleaf, then what have the PUL done that warrant the award; better still, why do they have problem with good performance of the PUL?.
Their blind criticisms started after President Ellen Johnson Sirleaf responded to an appeal for assistance for a project to construct a headquarters for the Press Union of Liberia. The appeal was made by the Union’s President George Barpeen and his team of officers and the US$100,000 donation was in response to the PUL’s appeal and not an award, a prize or an honor.
If the donation at all should be an award, which of course it is not, then it would reasonably be an award celebrating professionalism demonstrated by members of the Press Union in the development of Liberia’s emerging democracy. Making the donation through Acting Information Minister Cletus Sieh, I recall that President Sirleaf did not call for any media favor for personal political enhancement. She simply acknowledged the contribution of journalists to the development of democracy in the country. In fact, Madam Sirleaf herself, making good the US$100,000 assistance towards the PUL Construction Project, she dispelled public impression that the gesture was intended to influence the reportage of the media. The President said the gesture was made out of her desire to put the PUL on par with other equal umbrella groupings of media in other countries in West Africa and elsewhere. She further disclosed that she solicited the funds from her friends out of her desire to see a modern facility erected for the PUL as it is in other countries in the sub-region.
In the first place, the critics need to be reminded one thing – that Madam Sirleaf as a Liberian and democratic minded person has been a major contributor to the welfare and growth of Liberian journalism and journalists. The madam has been contributing to the media even before she could become President and no one complains. Not even the critics who are themselves journalists have made any such contribution to the media or the welfare of its personnel. For instance, Madam Sirleaf, when she was not yet the President of Liberia, raised US$56,000 for more than war affected journalists in 2003 when brother Abalo, Bantu and others of their likes were enjoying themselves in the United States, viewing the serious nightmare that was victimizing every Liberian at home including their colleagues – journalists – on the television screen just as they were watching movie shows.
Madam Sirleaf again was the only Liberian social worker, who was swift in ensuring that Comrade Throuble Suah was saved from death when Taylor’s draconian Anti Terrorist Unit (ATU) flogged him severely, made him almost blind and broke his spinal cord. It was through Madam Sirleaf the Open Society Initiative for West Africa (OSIWA) gave its support to the brother to save him from perishing when the critics only listened and did nothing. Thirdly, Madam Sirleaf was the one who hosted Liberian media executives during the Accra Peace Accord in Ghana which brought about the end of the war. Through Madam Sirleaf, each of them received US$500 while Mr. Abalo and Bantu were sitting on the fence. This goes to say that Madam Sirleaf would still use her influence to help the PUL with the construction, even if she was not at the echelon of national leadership, provided that she’s approached.
As far as media support is concerned in Liberia, the madam is the most selfless politician and social worker ever seen media friendly in Liberia. But most often the media hit at her administration objectively. I recall, just as you readers may, that President Sirleaf chided the press and was some how sarcastic when she addressed some groups, but her statement was not taken kindly, and the media gave her the appropriate backlash that such utterances deserves. And considering the weight of her statement she conceded, regretted and conform as a good and dynamic leader could normally do; and she did not behave like one who would be throwing practitioners into the dungeons for their media output.
This is why I consider as a shame, such comments coming from our past leaders, Messrs Abalo and Bantu, and their cronies. I thought they should be gladdened by any genuine gesture and applaud any gift from philanthropists, goodwill and media friendly people and countries t6owardssuch a worthy project. What PUL needs most now is contributions towards implementation PUL’s Headquarters project that could boost Liberian journalism to a contemporary global standard. Instead of rallying some money and material resources in the United States just as Madam Sirleaf is doing, the critics chose to spread on the internet empty and shameless criticisms that are unimaginable of past leaders and members of an organization or institution.
On the Abalo-Bantu claim that they have made sacrifices prior to the Barpeen Administration in upholding the highest principles of propriety, may they state the sacrifice they’ve made that is greater in contemporary global and modern journalism than the PUL erecting of its own Headquarter complex with every modern research facilities as an umbrella group. In fact, what have they done towards achieving PUL independence when it comes to living on its own without being bothered by landlords? Anyway, I am really moved to salute Mr. Barpeen for the courage and bold initiative that to which the President positively responded. I feel strongly that comrade Barpeen does not deserve the criticisms being heaped at him for rallying support for the implementation of the PUL Headquarter project. Instead of the empty and vague criticisms, members and past leaders should begin to put in place initiatives that would contribute to this worthy venture and other programs and projects geared towards the development of Liberian journalist and the media in this country. This advice especially goes to Mr. Abalo and Mr. Bantu who have immensely benefited from.
To conclude, detracting good and genuine efforts is not the journalism that we as practitioners should engage. What rather should be our professional focus should be promoting growth and development of every sector of the media in particular and the society in general. I agree with the PUL leadership that the US$100,000 contribution of Madam Sirleaf is in no way a bribe. The critics should be informed that President John Kuffour of Ghana contributed to the building of the Press Center of the Ghanaian Association of Journalists but the journalists of Ghana did not considers the gesture of the Ghanaian President ‘soli’ or bribe. The Foreign Press Center of Washington DC would not have been built without contributions from other sources other than American journalists etc. If making a contribution to journalists’ growth and welfare should be considered a bribe, then it is obvious that journalists themselves and the media will be in isolation. This is because the rationality forbidding gifts or bribe is not to influence news. So if this is true, then it is hypothetical that that any other institution, including the NED – the National Endowment for Democracy - which is sponsoring the PUL should not because by doing so could be interpreted buying some favor with Liberia journalists. Let us agree that the government and President owes the PUL protection and growth and a Liberian institution, so assisting in building the Headquarters is in no way a professional folly. That is, Madam Sirleaf is the national leader; if in her drive to build and nurture democracy, she decides to help build the capacity of a democratic institutions like the PUL or any civil society organization, it should not be ground for criticisms, especially so when she holds every sector of the society – including the media the opportunity of protection and growth. Besides, how comprehensible it is for one to believe that the PUL, which does not operate the individual media institutions, will control media content in favor of Madam Sirleaf because of assistance toward a construction project.
Criticisms by those against the just and genuine assistance of the President to the PUL are not insult only to the PUL alone, they are insults the conscience of various media executives and owners. For the PUL to just get up, walk into their offices, use their seats as stools and dictate to them to go unprofessional in favor of Madam Sirleaf is incomprehensible and technically insults to a professional standard of every journalist in Liberian and media institutions as well who are associating with the union. For me, I take such criticisms as a high degree of absurdity. Indeed, it doesn’t make sense for one to insinuate that PUL is able to dictate media contents because of a US$100,000 contribution by the President to headquarter project of the umbrella group. This means that critics who are particularly journalists must be more positive rather than detracting genuine efforts and by that insulting the professional integrity of their colleagues. While every journalist is aspired to college education and further advancement, professional development would even manifested more by modernizing contemporary practice in our beloved Liberia to global standard; and such can obtain not only by the college education we are all aspired to and are achieving, but also by the availability of modern facilities such as the ones the PUL’s Headquarters would offer Liberian journalists if completed.

No Motive Attached To US$100, 000 Gesture

…Pres. Sirleaf Clarifies ‘Gift’
President Ellen Johnson Sirleaf has clarified that there is no motive attached to the US$100,000 assistance given by her to the Press Union of Liberia. The President recently dispelled public criticism that her gesture was intended to influence the reportage of the media; but she instead said the gesture was made out of her desire to put the PUL on par with other equal umbrella groupings of media in other countries in West Africa and elsewhere
The President told the Union that she generated the funds donate to the PUL from friends and has placed the money into a special account at the International Bank in the name of the Press Union of Liberia, a PUL release said. The release, signed by the Union’s Secretary General Peter Quaqua, said the President made the clarifications when she made the presentation of the US$100,000 deposit slip as her assistance to the Construction project of the PUL at a brief ceremony attended by an eleven-member Executive Committee at the President’s Foreign Ministry office.
PUL quoted the President as saying that she made the appeal for the money to friends because she did not have any allocation for such amount in the budget. President Sirleaf said while she anticipates additional donations from outside sources, her government was contemplating including the media in the next national budget.
Receiving the deposit slip of US$100,000, PUL President George Barpeen expressed gratitude to Madam Sirleaf for the money and added that it was a manifestation of her government to develop the media. While describing the gesture as magnanimous, Mr. Barpeen assured the President that the donation will be used for the intended purpose.
Meanwhile, there have been massive criticisms of the president’s gesture to the PUL. Two former PUL Officials and another journalist, Charles Nance along with a group of student calling itself Students’ Intellectual Committee have barked at the US$1000 Assistance from President as “poor judgment’ on the part of the Barpeen Administration and the biggest “kato” ever. Kato is the Liberian name of the brown envelope prohibited by mass ethics of journalism.
In their criticisms, Isaac Bantu and Emmanuel Abalo, former Presidents of the Union have served notice distancing themselves from the soliciting and subsequent accepting of the amount from the Unity Party-led Government of Liberia. Both men said it is ‘monetary award’ toward, but the fall short of stating what they were Barpeen Administration of the PUL was being awarded for.
Although the two former officials, currently residing in the United States could not back their criticism with financial or material contributions that would enhanced the Headquarter project of the need-stricken PUL, they view the acceptance of assistance from the President as “an exercise of poor judgment and a grave compromise of the stated goals of the Union - to remain a watchdog and conscience of the Liberian society.”
Bantu and Abalo said the position of the PUL President Mr. George Barpeen that "this will in no way deter the Union from upholding its social responsibility" is highly questionable and presents a major challenge to the image and perception of the Union locally and internationally. Prior administrations of the PUL, Bantu and Abalo indicated, have always made the effort and sacrifice of upholding the highest principles of propriety.
They said the Press Union of Liberia has some of the best trained media personnel and we encourage the Union to exploit the talents of these individuals and undertake a well organized and long range platform aimed at raising the needed funds in a dignified manner for the completion of the Union's headquarters. Considering that the two are some of the best trained guys, Bantu and Abalo fall short of stating their contribution to the noble objective of removing the PUL from rented buildings.
On the other hand, they said “we encourage the Union to maintain a constructive engagement with the Government and all stakeholders in Liberia in upholding the God-given and constitutional right of freedom of speech and press freedom without fear or favor,” not saying how constructive a hostile PUL that will refuse a national donation would be.
However, PUL President George Barpeen has continued to say that receiving an assistance requested for will in no blind individual media institutions and their diverse patterns of thoughts on national issues.
Appearing on a talkshow of the Love TV recently Mr. Barpeen replied critics when ha said though plans are being finalized to receive the donation from the Liberian President, Mrs. Ellen Johnson Sirleaf later this week, this will in no way deter the Union from upholding its social responsibility. “We will remain resolute in exposing the ills in society that tend to undermine freedom of expression and corruption in Liberia.”
Mr. Barpeen said the US$100,000 assistance to the union was a request made to the President to help financially to complete the construction of the PUL’s headquarters. Mr. Barpeen heard on the LOVE TV during a talkshow said the President and government owes every Liberian institution a responsibility to develop, and added that PUL request and the gesture by the President to positively response was in no way an error or an ethical transgression.
The PUL’s three-storey complex for which it made the request to the President costs an estimated US$375,000. If it is completed, it will contain offices, guest rooms, internet café, an auditorium, amongst others features.
“The fear that some of us continue to have is that one day our major grantor, the National Endowment for Democracy (NED), would say enough is enough. You are the oldest grantee by now you should be able to crawl and do things on your own. What if such a decision is taken? Would we move around here with our documents in brief cases? We say no. So there’s a need to exert all efforts so that we can have a home for Liberian journalists,” Mr. Barpeen defended the Union.
During the celebration of PUL’s 44 anniversary, Deputy Information Minister Cletus Sieh announced a financial contribution of US$100,000 to assist the PUL in its construction of a Union’s headquarters. He recounted the role the media continues to play in the country’s fledging democracy.
He pledged government’s support in what he described as forever marriage between the media and government. However, the Union has come under sharp criticism, including from practicing journalists about the union’s independence in their reportorial duties if it accepts the Liberian president’s gesture. The Press Union has been grappling with the construction of its own headquarters building on 14th Street in Sinkor which began during the administration of Mr. Abraham Massaley.
He said rather than complain about the donation, Union members and others should rather be concerned about the utilization of the funds and how it will be managed for the desired purpose. “This is not a gift, rather this something that we begged the government for,” he said.
Barpeen questioned the rational of declining the offer. “In Cote d’Ivoire, the building that the Union is using and hosting the press center was bought and donated by the Robert Guei Government. That government has expired and the Union lives on. Likewise in Ghana, the same happened to the press union there where the government assisted the association; even the International Press Center based in Washington, D.C. Journalists could not have been built all by journalists themselves. They have to solicit the support of others,” he reacted to his critics.
He noted that the appeal for assistance to build a Union headquarters first began last year when media executives met with the president following one of her press conferences. “We beg the government to help us with our headquarters project,” he said; adding, “the second time we met with her this year, we reiterated our appeal. She consented to assist the Union, but requested to take a look at the building plan and the budget.
Already four years ago, during the administration of his predecessor, Mrs. Elizabeth Hoff, in whose administration Barpeen served as Vice President, they spent US$15,000 to construct the foundation for the Union’s headquarters which was completed. In addition, they made an estimated 3,000 blocks to begin the project before it reached a standstill, Barpeen disclosed.

Of Knucklesgates, Mittal Gifts and Lewis’ Outbursts

(A September 26 Post- Article): A Rejoinder

By: Bill K. Jarkloh

Browsing through the web of the Liberiawebs.com, a United States based Liberian online magazine, I came across an article criticizes the 100 pickups donated to the Legislature by Accelor Mittals. To my greatest surprise, the article was flaunted calculations that illogically appeal to nothing more than willfully aimless criticism of a government that is comparatively the best of Liberian regimes. Beginning the article by an anonymous staff writer of the magazine, the article mentioned in woeful comparison of the this government with the gullible Tumbanic regime that “The reign of President William V. S. Tubman, Liberia’s longest serving president was rife with gift presentations by companies and people wanting to do and doing business in the country. It continues that Tubman and many government officials including legislators such as Speaker of the House of Representatives Richard A. Henries and Pro Tempore of the Senate Frank Tolbert were fattened rich from these numerous ‘gifts’ in both cash and kind, such as vehicles, houses and scholarships for selected family members of government officials, saying that many of these officials were also representatives of these multinational and small businesses in the country; thus personifying both conflict of interest and greed which have become institutionalized in the Liberian political culture. He may have an iota of truth in the character of the Tubmanic era, but comparing that regime with this administration is totally outrageous and unparalleled and modus operandi. In the very first place the Tub man regime was not announcing what could gifts that led to the granting of concession agreements. The nature of the Tubmanic administration and others were such that they didn’t announce gestures that influenced their decisions affecting development; instead it told concessions and partners to deliver the funds to government for implementation of the projects such as road-building and construction of other infrastructural facilities for the benefit of the people. The consequential effects of the gullibility of the regimes of past, especially the Tubmanic regime, are the poor and narrow roads in urban areas – say Monrovia; the use of private homes for public buildings and the general under achievement and under development the Tub man administration and others that preceded it. In the case of this administration of President Ellen Johnson Sirleaf, it’s transparent. For instance, the administration does not privatize Hilux Toyota pickup, which would not have been the case had the gift been given in the Tubmanic regime. Instead, the pickups were given out to legislature for the very good of the nations. Usually, agriculture is considered the fulcrum of the substantive development. A nation that is not self-sufficient in food production cannot so easily progress. So what is wrong with the President encouraging Legislators to participate in the drive for ensuring food security in the country? The second side of the argument is that the pickups were not given to the Senators to possess them as personal properties. They conspicuously bear government’s RL plates which make them property of the Liberian people which the Legislators represent in the business of governance. However, the author of the article r is not taking those issues into consideration apparently due to self-centered criticisms. He dives into trivialities of arguments. He wrote: Thirty-seven years after Tubman’s death in a London clinic, Liberia under globetrotting Prezo Ellen Johnson-Sirleaf, is gradually returning to the ‘gift giving era’ (GGE), much to the dismay of those who hail her regime as the ‘most transparent’ in the history of the nation. Just before what would be almost her 260 day period of running her ‘presidency in the air’ as described by the daily Public Agenda some time ago, Prezo Johnson-Sirleaf’s Unity Party (UP) government received 100 twin-cabin Toyota Hilux pickups as ‘gifts’ from the multinational corporation (MNC) Mittal Steel, better know as Accelor Mittal, for ‘agriculture development’ purpose. In any case, thank God and the government that the pickups were not being made personal properties, and that the writer establish the purpose for which they are to be used when he wrote “Prezo Johnson-Sirleaf’s Unity Party (UP) government received 100 twin-cabin Toyota Hilux pickups as ‘gifts’ from the multinational corporation (MNC) Mittal Steel, better know as Accelor Mittal, for ‘agriculture development’ purpose. Surely Accelor Mittal is indebted to this country and its people. It is its social responsibility to ensure a viable agricultural, health and educational programmes fro Liberia. It noticed this responsibility to the people and has started to deliver on it, hence the worthy donation.

It is therefore unfortunate that those who wants the UP administration of Ellen Johnson Sirleaf to under achieve in total failure are criticizing such magnificent moves the government is making such as the international travels moves that have fast restored Liberia amongst the community of nations, resulted to the waiver of the more than US$3,7bn debt burden of Liberia and further led to Liberia’s recognition in the fight against corruption and terrorism.
The pseudo critics will never see the rebuilding of the security forces, the stride being made in the lifting of sanctions on the country’s productive industries and the efforts toward the reconditioning of the roads and the cementing of bilateral and multilateral ties between and amongst Liberian and other nations on one hand and nations of the world including Liberia. Which of the contenders for the Liberian Presidency could have achieved so fast like the Johnson-Sirleaf Administration have done just within a little over two years? As such, it is certainly woeful for a writer to craft a reason to persuade readers to believing that the pickup should have been budgetary allocated to the underperforming health, agriculture, education and utilities (water and electricity) sectors to speed up their over performances to the national economy, when in fact the purpose of the pickups, as he mentioned earlier, were presented also as ‘gifts’ to members of the National Legislature for agricultural purpose.
For me and reasonable people, it is highly illogical for the writer’s aligning of the pickup gifts from the Executive to the legislators with the National Legislature extension the session to pass numerous bills submitted by the President. The question that comes to minds is “are the bills intended to benefit President or the administration singularly or the Liberian people? Were they passed without confirmation? Was any qualm raised during the hearing that was ignore and swept under the carpet because legislators were enticed? Or in fact is it a wrong thing for a concession to donate or gift or contribute to the good of a partner government?
The writer mentioned – sorry- used as the exception, Grand Bassa County Senator Gbezongar Findley who turned his vehicle to the county’s agriculture officer, saying all of the legislators have clinched to theirs and are happy smiling that the gesture was a worthy one that will enhance their operations. This is begging for reason from readers when there is no reason using the Grand Bassa Senator who uses the option of using the very pickup for the very agricultural purpose through the County’s Agriculture officer. But he should be made to understand that whether through agriculture officers or through the senate, the ultimate purpose the use of the pickups need to achieve is for them to be use to promote the national agricultural program. They could even be given to a private farmer in a public manner devoid of cynicism of an official coveting anyone of the pickups.
By why does go to legitimate incomes of the law makers? Should they work in such offices without an income that will not corrupt their performance? Maybe that’s the intension of the writer when he wrote,“ Shocking as it may seem, it is difficult to comprehend why a transparent leader would give a pickup to a legislator who on the average gets US5, 000.00 monthly in both salary and incentives. On a yearly basis a legislator gets US$60,000.00. So in six years, a legislator in Liberia would be reaping US360, 000.00. There are some ninety-two legislators in the country’s bicameral legislature; they would be reaping a total of US$33,120,000.00 in six years!” What is disgusting about his criticism is when he mentions that Liberia’s legislators are the highest paid in West Africa without any graphic picture of incomes of other West African countries. So to even mention income of the President and economic immunities and incomes of executive officials constitutes nothing but treachery.
Yes! The Treachery was openly seen in the concluding paragraph which reads thus: “Mittal’s Joseph Matthews must not lie to us that the pickups were meant for development. Even the little ones in today’s Liberia know that the gifts were part of the (eating money) scheme to grant any privilege requested by Mittal.” So I ask the writer: How? Why? And what is the measurement of this so-called “Gobachopism” or money eating scheme he alluded to as far as an open donation of pickups from a concession of the government is concern, when the pickups were not coveted or converted to private use? Anyway, let me pause and invite his answers to the 3-ws question.
Finally, don’t mistaken me for a Government Public Relation manager or a Unity Party member, even though nothing wrong with that if I were. All I am presenting is a critical analysis of some of the obscurity that people try to insinuate in the operation of a transparent system. For me I want every Liberian to rally around the government to succeed because it is not possible for all presidential contestants to occupy that one presidency. This is time for Liberians to move Liberia forward instead of detracting genuine efforts because our favorites or partisans are not steering the ship of state. Let’s us put away egocentricity, favoritism, political and religious differences - concentrate on meaning achievements without detracting them to move the country forward.

Supreme Court Errs!

Says Sen. Senator Massaley;
…Sen. Nyenpan: Senate Willn’t Accept “’Interference’”

With Grand Cape Mount County Senator Abel Massaley pointing at error by the Supreme Court in its mandate instructing the reinstatement of the suspended Senate Pro-tempore, another member of the Majority bloc also, Sinoe County Senator Mabutu Nyenpan says the Senate will not accept any decision that amounts to interference with its function.

The two Senators chatted with this writer on Thursday at the Capitol Building, when the seat of the Senate became a controversial ground of focus in the wake of reports that the Senate would declare the Seat of the President Pro-Tempore vacant on that September 25th day, following news of the Supreme Court’s issuance of a Writ of Prohibition containing a mandate calling for the restoration of the Isaac Nyenabo leadership of the Senate.

Mr. Nyenabo was suspended on Tuesday, August 5, 2008 as a result of a Resolution signed by 20 senators of the Senate and submitted to the Plenary, charging the Protempore with administrative ineptitude and other mal-practices, but the Grand Gedeh County Senator suspended from the senate Pro-Tempore’s and replaced with Bomi County Senator Lahai Lansana took the Senate to the Supreme Court and petitioned the high court for a writ of prohibition alleging that his suspension was not only unconstitutional, but was also violating the Senate Standing rules and lack due process.

Although the mandate from the Justice in Chamber instructs the Senate to reinstate suspended President Pro-Tempore Nyenabo before the body can face the full Johnny Lewis Bench of the high court on October 24, 2008, the Plenary - the highest decision making body of the Senate - gave the Supreme Court mandate cold-shoulder on Thursday when the Senate was closing for its Agricultural break. It did not make discussion of the high court mandate part of the agenda item for discussion on that day, but instead stated that the senate receive the mandate late
Meanwhile, there are reports that the Senate would issue a statement on the Supreme Court mandate this Monday, September 29, 2008. Although no one is précised on what the statement would contain, it is believed that it will be a statement ordering the reinstatement of Senator Nyenabo to the seat of the President Protempore of the Senate.

Meanwhile, three senators that were approached by this writer already reacted to the Mandate on Thursday. They are Grand Cape County Senator Abel Massaley, Senators Mabutu Nyenpan and Jewel Howard Taylor who separately reacted to the mandate.

‘Supreme Court has erred’

Senator Massaley who is the chairman on the Foreign Relation Committee said the Supreme Court has erred when it singled out nine senators “and others acting under their command to reinstate Senator Nyenabo.” Massaley furthered said the nine senators pointed out in the Supreme Court’s mandate have no jurisdiction over any of the members of the Senate. Senator Massaley argued further that all Senator are equal in Plenary and that no senator is acting under the command of another as erroneously said in the Supreme Court mandate.

He told this writer that it is untrue of the claim that Senator Nyenabo was not given due process, in debunking the claim narrated a summary of a detail earlier given by Sinoe County Senator Mabutu Nyenpan, the Chairman of the Sinoe County Legislative Caucus, who said the processes that led to Senator Nyenabo’s suspension grew out of a resolution signed by 20 senators.

In its mandate, the Justice in Chamber of the Supreme Court, Cllr. Jamesetta Howard Wolokollie, has instructed the high court’s marshal to instructed Grand Cape Mount County Senator Abel Massaley, Bomi County Senator Lahai Lansana, Bong County Senator Jewel Howard-Taylor, Grand Bassa County Senator Gbezohngar Finley, Nimba County Senators Prince Johnson and Adolphus Dolo, Sinoe County Senator Mabutu Nyenpan and Senator Daniel Neetahn and others “acting under their command” to restore Grand Gedeh County Senator Isaac W. Nyenabo to his position as Senate President Pro-Tempore prior to the Upper House’s appearance before the full bench of the Supreme Court on October 24, 2008.

‘Senate will accept no interference’

But Sinoe County Nyenpan, saying he would not flout the laws by disobeying ruling from the Supreme Court, added that if the Supreme Court says something that amounts to interference with Senate function, we - as a body- will not accept it.

Senator Nyenpan explained that Senator Nyenabo was confronted with his offenses against the Senate. He said the President Pro-Tempore then took responsibility and openly apologized to the Senate. He narrated that it was on the basis of the apology the Senate thought they should reduce his punishment to suspension instead of removal from office.

“But we had differences on how long the suspension should last. Some suggested one month, some three months and some six month months. With Vice President Joseph Boakai presiding over the meeting during which Senator Nyenabo was confronted with his offences when he apologized, 13 persons voted for and the remaining 11 that were against voted for one month and three months respectively. Nyenabo himself voted for one month suspension against him,” Senator Nyenpan explained.

Saying that the records are there with the Senate’s Secretary, the senator expressed surprise that Senator Nyenabo went to the Supreme Court and claimed that he was not given due process.

“Nyenabo was given due Process”- Mabutu

On the resolution, he said it was signed by 20 senators that have declared a ‘vote of no confidence’ in the ability of Senator Nyenabo to lead the senate. According to him, he heard that two of the female senators withdrew their signatures, “but it was not officially to the knowledge of the Senate. Under our rules when the Plenary possessed a signed document, signatories cannot withdraw their signatures.”

“The resolution was presented to the Senate Plenary which is the highest decision-making body of the Senate, and a meeting of the Plenary was called; Vice President Joseph Boakai presided over the meeting. The Vice President on that Tuesday, August 5th, asked each senator including Senator Nyenabo who was confronted with the allegations in the Resolution, what was the senators input and everyone gave his or her opinion; senator Nyenabo took responsibility and apologized to the Senate,” Senator Nyenpan emphasized.

“The next thing we heard again was that the suspended President Pro-Tempore ran to the Supreme Court and alleged that he was not given due process. He also alleged the Senate violated the Constitution and its own rule,” the Senator explained.

But Senator Nyenpan said his colleague from Grand Gedeh has misled the Supreme Court. “Due process, as far as the Legislature is concerned, is to acquaint and confront one with his offences and give him the chance to respond; this was done,” Senator Nyenpan said. On the question of violation claims, he said both the Constitution and the Senate’s Standing Rule are silent on the suspension of the Pro-Tempore.

According to him, this silence gives the law making body the option to put into vote the precedence that would undo the silence. “Why will one say we have the power to employ and we do not have the power to suspend? As long as the decision is by the Plenary and it does not openly or in any way violate either the Constitution or the Standing Rules of the Senate, it stands and it is binding,” Senator Mabutu Nyenpan said.

Senator Nyenpan explained that thereafter, he heard that the both Senate’s lawyers and those of Senator Nyenabo were told to come and settle the matter, but this, he added was not fully communicated by the Justice in Chamber at the Supreme Court.

He argued that he is convinced as a senator that Senator Nyenabo, by his participation in the decision that has suspended him, was given due process and that that by the silence of the Constitution and the Senate rules on suspension of the President Pro-Tempore of the Senate, “The Senate has not violated the Constitution or the law. But tell me, Bill, how possible it that one can employ but cannot suspend?”

‘Nyenabo Can’t Preside over Chairs’

In her own reaction, Senator Jewel Howard said coercing the Senate to reinstate senator Nyenabo means spoiling the Liberian people’s business. “What will happen if we accept to reinstate Senator Nyenabo and we the same people refused to sit under his gavel? Will the Supreme Court force us or will the people’s business be done? Will Nyenabo preside over the chairs with just very few senators that wouldn’t form a chorum?” Senator Taylor was quizzical when he chatted with this reporter at the Capitol Building.

Recently, Associate Justice Wolokollie notified the Senators, in an order to the Marshal of the Supreme Court, “You are hereby commanded to instruct the respondents to restore the petitioner, Isaac W. Nyenabo, Senate Pro-Tempore to his position as of the date of the issuance of this writ and pending the hearing and determination of this matter by the Supreme Court.” Justice Wolokollie named nine senators “and others acting under their command to restore Senator Nyenabo” as President Pro-Tempore of the Senate.

Justice Wolokollie has also earlier cited the respondents to appear before the full Bench of the Supreme Court to show reason why the high court should not grant petitioners’ petition prayed for to the court. Senator Nyenabo and his party, the National Democratic Party of Liberia (NDPL) through its Acting Chairman Hodo Merriam took the Senate to Court and petition the Supreme Court for a Writ of Prohibition intended to stall his suspension. He has a three (3) count pleadings. He said he was not given due process of law; he said the Senate violated the standing rules because the rules did not provide for suspension and he said the Senate violated the Constitution because the Constitution did not provide for Suspension.

But the Senate on Thursday brushed the mandate of the Supreme Court on the side and added that it was received too late to for discussion. During Thursday session of the Senate, senator Nyenabo made a dramatic appearance at the Senate Chamber since his suspension and started to shake hands with his fellow senators at which time Vice President Boakai was presiding, but he made quick exit after acting President Pro-Tempore Lahai Lansana took over the Senate’s plenary as presiding officer.

Supreme Court Errs!

Says Sen. Senator Massaley;
…Sen. Nyenpan: Senate Willn’t Accept “’Interference’”

With Grand Cape Mount County Senator Abel Massaley pointing at error by the Supreme Court in its mandate instructing the reinstatement of the suspended Senate Pro-tempore, another member of the Majority bloc also, Sinoe County Senator Mabutu Nyenpan says the Senate will not accept any decision that amounts to interference with its function.

The two Senators chatted with this writer on Thursday at the Capitol Building, when the seat of the Senate became a controversial ground of focus in the wake of reports that the Senate would declare the Seat of the President Pro-Tempore vacant on that September 25th day, following news of the Supreme Court’s issuance of a Writ of Prohibition containing a mandate calling for the restoration of the Isaac Nyenabo leadership of the Senate.

Mr. Nyenabo was suspended on Tuesday, August 5, 2008 as a result of a Resolution signed by 20 senators of the Senate and submitted to the Plenary, charging the Protempore with administrative ineptitude and other mal-practices, but the Grand Gedeh County Senator suspended from the senate Pro-Tempore’s and replaced with Bomi County Senator Lahai Lansana took the Senate to the Supreme Court and petitioned the high court for a writ of prohibition alleging that his suspension was not only unconstitutional, but was also violating the Senate Standing rules and lack due process.

Although the mandate from the Justice in Chamber instructs the Senate to reinstate suspended President Pro-Tempore Nyenabo before the body can face the full Johnny Lewis Bench of the high court on October 24, 2008, the Plenary - the highest decision making body of the Senate - gave the Supreme Court mandate cold-shoulder on Thursday when the Senate was closing for its Agricultural break. It did not make discussion of the high court mandate part of the agenda item for discussion on that day, but instead stated that the senate receive the mandate late
Meanwhile, there are reports that the Senate would issue a statement on the Supreme Court mandate this Monday, September 29, 2008. Although no one is précised on what the statement would contain, it is believed that it will be a statement ordering the reinstatement of Senator Nyenabo to the seat of the President Protempore of the Senate.

Meanwhile, three senators that were approached by this writer already reacted to the Mandate on Thursday. They are Grand Cape County Senator Abel Massaley, Senators Mabutu Nyenpan and Jewel Howard Taylor who separately reacted to the mandate.

‘Supreme Court has erred’

Senator Massaley who is the chairman on the Foreign Relation Committee said the Supreme Court has erred when it singled out nine senators “and others acting under their command to reinstate Senator Nyenabo.” Massaley furthered said the nine senators pointed out in the Supreme Court’s mandate have no jurisdiction over any of the members of the Senate. Senator Massaley argued further that all Senator are equal in Plenary and that no senator is acting under the command of another as erroneously said in the Supreme Court mandate.

He told this writer that it is untrue of the claim that Senator Nyenabo was not given due process, in debunking the claim narrated a summary of a detail earlier given by Sinoe County Senator Mabutu Nyenpan, the Chairman of the Sinoe County Legislative Caucus, who said the processes that led to Senator Nyenabo’s suspension grew out of a resolution signed by 20 senators.

In its mandate, the Justice in Chamber of the Supreme Court, Cllr. Jamesetta Howard Wolokollie, has instructed the high court’s marshal to instructed Grand Cape Mount County Senator Abel Massaley, Bomi County Senator Lahai Lansana, Bong County Senator Jewel Howard-Taylor, Grand Bassa County Senator Gbezohngar Finley, Nimba County Senators Prince Johnson and Adolphus Dolo, Sinoe County Senator Mabutu Nyenpan and Senator Daniel Neetahn and others “acting under their command” to restore Grand Gedeh County Senator Isaac W. Nyenabo to his position as Senate President Pro-Tempore prior to the Upper House’s appearance before the full bench of the Supreme Court on October 24, 2008.

‘Senate will accept no interference’

But Sinoe County Nyenpan, saying he would not flout the laws by disobeying ruling from the Supreme Court, added that if the Supreme Court says something that amounts to interference with Senate function, we - as a body- will not accept it.

Senator Nyenpan explained that Senator Nyenabo was confronted with his offenses against the Senate. He said the President Pro-Tempore then took responsibility and openly apologized to the Senate. He narrated that it was on the basis of the apology the Senate thought they should reduce his punishment to suspension instead of removal from office.

“But we had differences on how long the suspension should last. Some suggested one month, some three months and some six month months. With Vice President Joseph Boakai presiding over the meeting during which Senator Nyenabo was confronted with his offences when he apologized, 13 persons voted for and the remaining 11 that were against voted for one month and three months respectively. Nyenabo himself voted for one month suspension against him,” Senator Nyenpan explained.

Saying that the records are there with the Senate’s Secretary, the senator expressed surprise that Senator Nyenabo went to the Supreme Court and claimed that he was not given due process.

“Nyenabo was given due Process”- Mabutu

On the resolution, he said it was signed by 20 senators that have declared a ‘vote of no confidence’ in the ability of Senator Nyenabo to lead the senate. According to him, he heard that two of the female senators withdrew their signatures, “but it was not officially to the knowledge of the Senate. Under our rules when the Plenary possessed a signed document, signatories cannot withdraw their signatures.”

“The resolution was presented to the Senate Plenary which is the highest decision-making body of the Senate, and a meeting of the Plenary was called; Vice President Joseph Boakai presided over the meeting. The Vice President on that Tuesday, August 5th, asked each senator including Senator Nyenabo who was confronted with the allegations in the Resolution, what was the senators input and everyone gave his or her opinion; senator Nyenabo took responsibility and apologized to the Senate,” Senator Nyenpan emphasized.

“The next thing we heard again was that the suspended President Pro-Tempore ran to the Supreme Court and alleged that he was not given due process. He also alleged the Senate violated the Constitution and its own rule,” the Senator explained.

But Senator Nyenpan said his colleague from Grand Gedeh has misled the Supreme Court. “Due process, as far as the Legislature is concerned, is to acquaint and confront one with his offences and give him the chance to respond; this was done,” Senator Nyenpan said. On the question of violation claims, he said both the Constitution and the Senate’s Standing Rule are silent on the suspension of the Pro-Tempore.

According to him, this silence gives the law making body the option to put into vote the precedence that would undo the silence. “Why will one say we have the power to employ and we do not have the power to suspend? As long as the decision is by the Plenary and it does not openly or in any way violate either the Constitution or the Standing Rules of the Senate, it stands and it is binding,” Senator Mabutu Nyenpan said.

Senator Nyenpan explained that thereafter, he heard that the both Senate’s lawyers and those of Senator Nyenabo were told to come and settle the matter, but this, he added was not fully communicated by the Justice in Chamber at the Supreme Court.

He argued that he is convinced as a senator that Senator Nyenabo, by his participation in the decision that has suspended him, was given due process and that that by the silence of the Constitution and the Senate rules on suspension of the President Pro-Tempore of the Senate, “The Senate has not violated the Constitution or the law. But tell me, Bill, how possible it that one can employ but cannot suspend?”

‘Nyenabo Can’t Preside over Chairs’

In her own reaction, Senator Jewel Howard said coercing the Senate to reinstate senator Nyenabo means spoiling the Liberian people’s business. “What will happen if we accept to reinstate Senator Nyenabo and we the same people refused to sit under his gavel? Will the Supreme Court force us or will the people’s business be done? Will Nyenabo preside over the chairs with just very few senators that wouldn’t form a chorum?” Senator Taylor was quizzical when he chatted with this reporter at the Capitol Building.

Recently, Associate Justice Wolokollie notified the Senators, in an order to the Marshal of the Supreme Court, “You are hereby commanded to instruct the respondents to restore the petitioner, Isaac W. Nyenabo, Senate Pro-Tempore to his position as of the date of the issuance of this writ and pending the hearing and determination of this matter by the Supreme Court.” Justice Wolokollie named nine senators “and others acting under their command to restore Senator Nyenabo” as President Pro-Tempore of the Senate.

Justice Wolokollie has also earlier cited the respondents to appear before the full Bench of the Supreme Court to show reason why the high court should not grant petitioners’ petition prayed for to the court. Senator Nyenabo and his party, the National Democratic Party of Liberia (NDPL) through its Acting Chairman Hodo Merriam took the Senate to Court and petition the Supreme Court for a Writ of Prohibition intended to stall his suspension. He has a three (3) count pleadings. He said he was not given due process of law; he said the Senate violated the standing rules because the rules did not provide for suspension and he said the Senate violated the Constitution because the Constitution did not provide for Suspension.

But the Senate on Thursday brushed the mandate of the Supreme Court on the side and added that it was received too late to for discussion. During Thursday session of the Senate, senator Nyenabo made a dramatic appearance at the Senate Chamber since his suspension and started to shake hands with his fellow senators at which time Vice President Boakai was presiding, but he made quick exit after acting President Pro-Tempore Lahai Lansana took over the Senate’s plenary as presiding officer.

Liberia Needs Spedy Trial Mechanisms

. . . Says An African Union Rights Delegation

A delegation of the African Commission on Human and Peoples Rights has ended a two-week visit to Liberia with a call on the government to address the question of speedy trial of accused. Apparently the African Union’s Commission on rights and justice issues have seen miscarriage of justice in Liberia.

At a departure conference held at the Royal Hotel in Sinkor about two mile from central Monrovia, a member of the delegation of the African Commission on Human and People’s Rights was categorical in pointing to the deplorable and humiliating conditions of the prisons they visited, especially the Monrovia Central Prison otherwise known as South Beach.

After a week-long assessment of prison conditions and visitations and meetings with relevant Liberian officials, a legal adviser of the Commission on the delegation who is also a rapporteur, Mumba Malila said the conditions of prisons are ‘terrible’ and need serious attention.

This is the African Commission on Human and People’s Rights Chairperson, Justice Sanji Mnasenong Monageng, and a Commissioner and Rapporteur of the Commission's delegation to Liberia, Mr. Malila, addressing journalists at the Royal Hotel on 15th Street Sinkor. They spoke of the ills of criminal justice system in Liberia. The delegation promised its official report soon.

The Commissioner said he and the Chairperson of the African Commission on Human and People’s Rights, Justice Sanji Mnasenong Monageng, said during their visit to Liberia, they visited prison facilities in Monrovia, Kakata, Margibi County and Zwedru, Grand Gedeh County. Other members of the delegation include, Senior Legal Adviser Dr. Feji Ogunade and legal Adviser Sheikh Tijan Hydraru.

Speaking further, Mr. Malila said most of the detention centers visited were filthy and put the health of inmates at risk. Mr. Malila further noted that the delegation observed the inmates have no access to medication and trade, calling on the government to give the criminal justice system attention if Liberia must move forward amongst civilized nations

Mr. Malila indicated that the Monrovia Central Prison in particular is congested with inmates, and noted that the facilities are poorly handle. This reporter who visited the Prison although observed that bulgur wheat is and corn dust are supplied with oil, most of the supplies the service of these food items are in appropriate and condition to which detainees and prisoners are subjected are inhumane.

For instance at least three cook spoons of cornmeal dust is supplied for each morning after 10 hours GMT and that by 14 hrs to 15 hrs, a plate of bulgur wheat with vegetable oil sprinkled over it served. Even at this the plates and condition of service of this food is not hygienic.

Besides, there is less attention paid to inmates most of whom are mere detainees accused without the slightest opportunity to court hearing who have also overstayed due to negligence of the court system. The room provided for health attention and services to inmate is not even opened often and on time, while the facility itself lacks basic medical supplies including medicine and drugs.

One inmate told me that prison authorities are doing this because of pecuniary gains made from government coffers for burial expenses of deceased inmates, which the inmates suspected are pocketed by the prison authorities.

The AU commissioner also said the delegation has observed that most of the prison centers visited are filthy and put the health of inmates at risk. Mr. Malila further noted that the delegation observed the inmates have no access to medication and trade, calling on the government to give the criminal justice system attention if Liberia must move forward amongst civilized nations.

The Commission’s Chairperson, Justice Sanji Mnasenong Monageng who headed the delegation to Liberia, speaking earlier also spoke of over crowdedness of the Monrovia Central Prison whereas prisons in other parts of the country are virtually empty.

Justice Monageng explained that the visit to Liberia was overdue since 2006 because of breaches in communication, adding that they are thankful that they have finally come and assessed the Liberian justice system. During the visit, she said they met with the President Ellen Johnson-Sirleaf, Foreign Minister Olubanke King-Akelere, Minister of Justice Philip A.Z Banks and Chief Justice Johnnie N. Lewis.

Commenting on their visits to correctional facilities around Liberia, the Justice said: “One thing that cannot escape our attention and comment is the prison facility in Grand Gedeh. It is a facility that meets acceptable standards established internationally and by the African Commission on Human and People’s Right.”

According to Justice Monageng, the visit of the delegation give them the general impression that the Liberian Government is doing well, but added that a lot more needs to be done to ensure justice in the country.

She told reporters in an answer to a question the over crowdedness of the Monrovia Central Prison that what is required to ensure the courts periodically review their dockets or registries of cases to ensure that those accused are given speedy trial.

“Besides, the need for an improved magistracy should not be over emphasized if there should be proper carriage of justice in the criminal justice system” she said. According to her, both the indigent and the affluent deserve equal justice, adding that justice should be at the disposal of all no matter the class or status of litigants. The delegation did not elaborate.

However, the Justice said the delegation’s report would detail their observations and make recommendation, saying that the Liberia justice system has improved than before on the overall note.

Justice Sanji Monageng the said the delegation’s visit to Liberia demonstrates the Commission’s readiness to work with this country. According to Commissioner Monageng, Liberia has already ratified the African Charter on the Abolishment of Torture. Torture, she said is increased on a daily basis, especially in Africa, adding that the issue of torture needs a concerted fight globally.

In fact she disclosed that the delegation hosted a workshop of law enforcement officials on torture while in Liberia on the application of Robben Island Guidelines on their days to work and to conscientize them of Liberia’s obligation in the use of regional and international human rights instruments towards the total abolition of criminalization of torture and other forms of cruel and degrading treatments.

Justice Monageng indicated that further that the workshop was a forum of sharing experiences and exploring the role of police and prison officials in the prevention of torture and establishing of an alternative form of punishment.

The delegation will recommend concrete initiatives for adoption by the Liberian Government within the context of strengthening the judicial and other investigative institutions to promote anti-torture legislation and other measures; and to enhance and improve the understanding of the Robben Island Guidelines (RIG). Robben Island is a place bearing the prison in which South African freedom fighter Nelson Mandela spent his 27 years in prison. The guides referred to were drafted by AU-member states and named after the Island to prevent members from the act of torture.

The delegation met with the President of Liberia, the Minister of Foreign Affairs, the Mi9njister of Justice, the Chief Justice of Liberia and other relevant officials of Liberia where issues bordering on the improvement of the justice system of Liberia were discussed.

Receiving the delegation last Monday at the Foreign Ministry in Monrovia, Minister King-Akelere said the Government of Liberia is deeply committed to observing Human Rights, and urged the Commission to critically and speedily address the proliferation of drugs in the sub-region.

Minister King-Akelere said Liberia is grateful to the international community particularly contributions made by the Governments of Nigeria, Ghana, ECOWAS, African Union and UNMIL to restore peace to Liberia. She said the Government of Liberia appreciates the visit and looks forward to working closely with the Commission.

Meanwhile, the delegation left Liberia for the Gambia where the commission is headquartered.