| VII THE JUDICIARY CHAPTER
Article 68 The judicial power of the Republic shall be vested in a court system which shall apply both statutory and customary laws in accordance with stan dards enacted by the Legislature. There shall be a Supreme Court and such subordinate courts as the legislature may from time to time establish. Judgments of the Supreme Court shall be final and binding and shall not be subject to review by any other branch of the Government. Nothing in this Article shall, prohibit ad ministrative consideration of a justifiable matter prior to review by a court of competent jurisdic tion.
Article 69 The Supreme Court shall be the final arbiter of con stitutional issues and shall exer cise final appellate jurisdiction in all cases, both as to law and fact. The Legislature shall make no law nor create any excep tions as would deprive the Court of any of the powers granted herein as the final arbiter of disputes, whether emanating from courts of records, courts not of record, administrative agencies, autonomous public agencies or any other authority.
Article 70 The Supreme Court shall comprise one Chief Justice and four associate justices, a majority of whom shall be deem ed competent to transact the business of the Court. If a quorum is not obtained to enable the Court to hear any case, a circuit judge in the order of seniority shall sit as an ad hoc justice of the Supreme Court.
Article 71 The Chief Justice and the associate justices of the Supreme Court shall, with the consent of the Senate, be ap pointed by the President from a panel consisting of qualified judges, practicing lawyers or law professors recommended to him by the Judicial Service Commis sion under appropriate qualification criteria drawn up by the Commission, provided that any person recommended shall be: (a) a citizen of Liberia; (b) of good moral character as determined by the Judicial Ser vice Commission; and (c) a Counsellor of the Supreme Court Bar for a period of at least five years or one who has taught at an accredited law school for a period of. five years or more.
Article 72 The judges of subordinate courts of record shall, with the consent of the Senate, be appointed by the President from a panel con sisting of practicing lawyers and law professors recommended to him by the Judicial Service Com mission under appropriate qualification criteria drawn up by the Commission, provided that any person recommended shall be: (a) a citizen of Liberia; (b) of good moral character as determined by the Judicial Ser vice Commission; and (c) a Counsellor of the Supreme Court Bar for a period of at least three years or one who has taught at an accredited law school for a period of three years or more.
Article 73 The Chief Justice and the associate justices of the Supreme Court and all judges of courts of record shall, before assuming the functions of their office, subscribe to a solemn oath or affirmation to discharge faithfully and impartially the duties and functions of their office and to preserve, protect and defend the Constitution of the Republic. The oath or affirma tion shall be administered by the President or his designee.
Article 74 The Chief Justice and the associate justices of the Supreme Court and the judges of subordinate courts of record shall hold office during good behaviour. They may be remov ed upon impeachment and con viction by the Legislature based on proved misconduct, gross breach of duty, inability to per form the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes.
Article 75
(a) The justices of the Supreme Court and all other judges shall receive such salaries, allowances and benefits as shall be established by law. Such salaries shall be subject to taxes as defined by law, provided that they shall not otherwise be diminished. Allowances and benefits paid to justices of the Supreme Court and judges of subordinate courts may by law be increased but may not be diminished except under a na tional program enacted by the Legislature; nor shall such allowances and benefits be sub ject to taxation.
(b) The Chief Justice and the associate justices of the Supreme Court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a justice or judge who has attained that age may continue in office for as long as may be necessary to enable him to render judgment or perform any other judicial duty in regard to proceedings entertained by him before he attained that age.
(c) A justice or judge who has been retired and who shall have a total of not less than fifteen years of judicial service shall be pensioned at a rate equivalent to his full salary at the time of retirement. A justice or judge who has been so retired but who at the age of retirement shall have rendered less than fifteen years of judicial service shall receive such proportionate pen sion as shall by law be establish ed by the Legislature under a general pension scheme. Article 76 No judicial official shall be summoned, arrested, de tained, prosecuted or tried civilly or criminally by or at the in stance of any person or authori ty on account of judicial opi nions rendered or expressed, judicial statements made and judicial acts done in the course of a trial in open court or in chambers, except for treason or other felonies, misdemeanor or breach of the peace. Statements made and acts done by such of ficials in the course of a judicial proceeding shall be privileged, and, subject to the above qualification, no such statements made or acts done shall be admissible into evidence against them at any trial or pro ceeding.
Article 77 In all matters of contempt of court, whether in the Supreme Court or in other courts, the penalties to be impos ed shall be fixed by the Legislature and shall conform to the provisions on Fundamental Rights laid down in this Con stitution.
Article 78 The Supreme Court shall from time to time make rules of court for the purpose of regulating the practice, pro cedures and manner by which cases shall be commenced and heard before it and all other subordinate courts. It shall prescribe such code of conduct for lawyers appearing before it and all other subordinate courts as may be necessary to facilitate the proper discharge of the court's functions. Such rules and code, however, shall not con travene any statutory provisions or any provisions of this Con stitution.
Article 79
(a) Treason against the Republic shall consist of:
(1) levying war against the Republic;
(2) aligning oneself with or aiding and abetting another na tion or people with whom Liberia is at war or in a state of war;
(3) acts of espionage for an enemy state;
(4) attempting by overt act to overthrow the Government, rebellion against the Republic, insurrection and mutiny; and
(5) abrogating or attempting to abrogate, subverting or attemp ting or conspiring to subvert the Constitution by use of force or show of force or by any other means which attempts to under mine this Constitution.
(b) The Legislature shall have the power to declare the punish ment for treason; provided, however, that such punishment shall not include a deprivation or forfeiture of the right of in heritance by the convicted per son of any property although he may not be entitled to enjoy ment thereof for as long as he continues to serve the term of imprisonment imposed after conviction in a court of compe tent jurisdiction. The right to the enjoyment of any property in herited or otherwise conveyed to or acquired by such convicted person shall be automatically restored upon serving the term of imprisonment or other punishment, or upon an ex ecutive pardon by the President. No punishment shall preclude the inheritance and enjoyment, or the forfeiture by others entitled thereto, of any property which the convicted person, at the time of conviction or subse quent thereto may have possess ed or been seized.
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VIII POLITICAL PARTIES AND ELECTIONS
Article 80
(a) Since the essence of democracy is free competition of ideas expressed by political parties and political groups as well as by individuals, parties may freely be established to ad vocate the political opinions of the people. Laws, regulations, decrees or measures which might have the effect of creating a one- party state shall be declared unconstitutional.
(b) All elections shall be by secret ballot and every Liberian citizen of sound mind, except members of the Police and the Armed Forces, being not less than eighteen years of age, shall have the right to be a member of a political party, to be registered as a voter and to vote in public elections and referenda under this Constitution.
(c) Every Liberian citizen shall have the right to be registered in a constituency of either his Liberian origin or residence, and have the right to vote in public elections only in the constituency where registered, either in per son or by absentee ballot; pro vided that such citizen shall have a right to change his voting con stituency only once in every ten years and must have been a resi dent in the constituency not less than one year.
(d) Each constituency shall have an approximately equal popula tion of 20,000, or such number of citizens as the Legislature shall prescribe in keeping with population growth and movements as revealed by a na tional census; provided that the total number of electoral consti tuencies in the Republic shall not exceed one hundred.
(e) Immediately following a national census and before the next election, the Electoral Commis sion shall reapportion the consti tuencies in accordance with the new population figures so that every constituency shall have as close to the same population as possible; provided, however, that a constituency must be sole ly within a county. Article 81 As used in this Chapter, unless the context otherwise requires, an "associa tion" means a body of persons, corporate or other, which acts together for a common purpose, and includes a group of people organized for any ethnic, social, cultural, occupational or religious objectives; a "political party" shall be an association with a membership of not less than five hundred qualified voters in each of at least six counties, whose activities in clude canvassing for votes on any public issue or in support of a candidate for elective public office; and an "independent candidate" shall be a person seeking electoral post or office with or without his own organization, acting in dependently of a political party.
Article 82 No association, by whatever name called, shall function as a political party, nor shall any citizen be an indepen dent candidate for election to public office, unless:
(a) the association or indepen dent candidate and his organization meet the minimum registra tion requirements laid down by the Electoral Commission and are registered with it. Registra tion requirements shall include filing with the Electoral Com mission a copy of the constitu tion of the association and guidelines of the independent candidate and his organization, a detailed statement of the names and addresses of the association and its officers or of the independent candidate and the officers of his organization, and fulfillment of the provisions of sub-sections (b), (c), (d) and (e) hereof. Registration by the Electoral Commission of any association or independent candidate and his organization shall vest in the entity or candidate and his organization so registered legal personality, with the capacity to own property, real, personal or mixed, to sue and be sued and to hold ac counts. A denial of registration or failure by the Electoral Com mission to register any applicant may be challenged by the appli cant in the Supreme Court;
(b) the membership of the association or the independent candidate's organization is open to every citizen of Liberia, ir respective of sex, religion or ethnic background;
(c) the headquarters of the association or independent can didate and his organization is situated: (i) in the capital of the Republic where an association is involved where an independent can didate seeks election to the office of President or Vice-President; (ii) in the headquarters of the county where an independent candidate seeks election as a Senator; and (iii) in the electoral center in the constituency where the can didate seeks election as a member of the House of Representatives or to any other public office;
(d) the name, objective, emblem or motto of the association or of the independent candidate and his organization is free from any religious connotations or divisive ethnic implications and that the activities of the associa tion or independent candidate are not limited to a special group or, in the case of an association, limited to a particular geographic area of Liberia;
(e) the constitution and rules of the political party shall conform to the provisions of this Con stitution, provide for the democratic elections of officers and/or governing body at least once every four years, and en sure the election of officers from as many of the regions and ethnic groupings in the country as possible. All amendments to the constitution or rules of a political party shall be registered with the Electoral Commission no later than ten days from the effective dates of such amend ments. Article 83
(a) Parties or organizations which, by reason of their aims or the behaviour of their adherents, seek to impair or abolish the free democratic s ociety of Liberia or to endanger the existence of the Republic shall be denied registration,
(b) Parties or organizations which retain, organize, train or equip any person or group of persons for the use or display of physical force or coercion in promoting any political objec tive or interest, or arouse reasonable apprehension that they are so organized, trained or equipped, shall be denied registration, or if registered, shall have their registration revoked. Article 84
(a) Any citizen, political party, organization or association, being resident in Liberia, of Liberian nationality or origin, and not otherwise dis qualified under the provisions of this Constitution, shall have the right to canvass for the votes for any political party or candidate at any election, provided that corporate and business organiza tions and labor unions are ex cluded from so canvassing, directly or indirectly in what soever form.
(b) A deposit, in an amount to be determined by the Electoral Commission, shall be paid by or on behalf of each candidate for an elective office, and said deposit shall be forfeited unless the candidate polls at . least five per cent of the total votes cast in an election. Article 85
(a) Any citizen or citizens, political party, associa tion or organization, being of Liberian nationality or origin, shall have the right to contribute to the funds or election expenses of any political party or can didate; provided that corporate and business organizations and labor unions shall be excluded from making any contribution to the funds or expenses of any political party. The Legislature shall by law prescribe the guidelines under which such con tributions may be made and the maximum amount which may be contributed.
(b) No political party or organization may hold or possess any funds or other assets outside of Liberia ; nor may they or any independent candidates retain any funds or assets remit ted or sent to them from outside Liberia unless remitted or sent by Liberian citizens residing abroad. Any funds or other assets received directly or in directly in contravention of this restriction shall be paid over or transferred to the Electoral Commission within twenty-one days of receipt. Information on all funds received from abroad shall be filed promptly with the Electoral Commission,
(c) The Electoral Commission shall have the power to examine into and order certified audits of the financial transactions of political parties and independent candidates and their organiza tions. The Commission shall prescribe the kinds of records to be kept and the manner in which they shall be kept. The certified audits shall be conducted by a certified chartered public ac countant, not a member of any political party. Article 86
(a) Voting for the President, Vice-President, members of the Senate and members of the House of Representatives shall, be con ducted throughout the Republic on the second Sunday in October.
(b) All elections of public of ficers shall be determined by an absolute majority of the votes cast. If no candidate obtains an absolute majority in the first ballot, a second ballot shall be conducted on the second Sunday following. The two candidates who received the greatest numbers of votes on the first ballot shall be designated to par ticipate in the run-off election,
(c) The returns of the elections shall be declared by the Electoral Commission not later than fifteen days after the casting of ballots. Any party or candidate who complains about the manner in which the elections were conducted or who challenges the results thereof shall have the right to file a complaint with the Electoral Commission. Such complaint must be filed not later than seven days after the an nouncement of the results of the elections. The Electoral Commission shall, within thirty days of receipt of the complaint, conduct an impartial investigation and render a decision which may involve a dismissal of the com plaint or a nullification of the election of a candidate. Any political party or independent candidate affected by such deci sion shall not later than seven days appeal against it to the Supreme Court. The Electoral Commission shall within seven days of receipt of the notice of appeal, forward all the records in the case to the Supreme Court, which, not later than seven thereafter, shall hear and make its determination. If the Supreme Court nullifies or sus tains the nullification of the elec tion of any candidate, for whatever reasons, the Electoral Commission shall within sixty days of the decision of the Court conduct new elections to fill the vacancy, if the Court sustains the election of a candidate, the Electoral Commission shall act to effectuate the mandate of the Court.
(d) Every political party shall, on September 1 of each year, and every candidate of such political party and every independent candidate shall, not later than thirty days prior to the holding of an election in which he is a candidate, publish and submit to the Electoral Commission detail ed statements of assets and liabilities. These shall include the enumeration of sources of funds and other assets, plus lists of ex penditures. Where the filing of such statements is made in an election year, every political par ty and independent candidate shall be required to file with the Electoral Commission addi tional detailed supplementary statements of all funds received and expenditures made by them from the date of filing of the original statements to the date of the elections. Any political party or independent candidate who ceases to function shall publish and submit a final financial statement to the Electoral Com mission. All funds not used for the purpose for which they were solicited shall be deposited into the treasury of the Republic. Article 87 The Legislature shall by law provide penalties for any violations of the relevant provisions of this Chapter, and shall enact laws and regulations in furtherance thereof not later than 1986; provided that such penalties, laws or regulations shall not be inconsistent with any provision of this Constitution
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CHAPTER IX EMERGENCY POWERS.
Article 88 The President, as Commander In Chief of the Armed Forces, may order any portion of the Armed Forces in to a state of combat readiness in defense of the Republic, before or after the declaration of a state of emergency, as may be war ranted by the situation. All military power or authority shall at all times, however, be held in subordination to the civil authority and the Constitution.
Article 89
(a) The President may, in consultation with the Speaker of the House of Representatives and the Presi dent of the Senate, proclaim and declare the existence of a state of emergency in the Republic or any part thereof. Acting pur suant thereto, the President may suspend or affect certain rights, freedoms and guarantees con tained in this Constitution and exercise such other emergency powers as may be necessary and appropriate to take care of the emergency, subject, however, to the limitations contained in this Chapter,
(b) A State of emergency may be declared only where there is a threat or outbreak of war or where there is civil unrest affec ting the existence, security or well-being of the Republic amounting to a clear and present danger. Article 90
(a) Emergency powers do not include the power to suspend or abrogate the Con stitution, dissolve the Legislature, or suspend or dismiss the Judiciary; and no constitutional amendment shall be promulgated during a state of emergency. Where the Legislature is not in session, it must be convened immediately in special session and remain in session during the entire period of the state of emergency,
(b) The writ of habeas corpus shall remain available and exercisable at all times and shall not be suspended on account of any state of emergency. It shall be enjoyed in the most free, easy, inexpensive, expeditious and ample manner. Any person who suffers from a violation of this right may challenge such violation in a court of competent jurisdiction. Article 91 The President shall, immediately upon the declara tion of a state of emergency, but not later than seven days thereafter, lay before the Legislature at its regular session or at a specially convened ses sion, the facts and circumstances leading to such declaration. The Legislature shall within seventy- two hours, by joint resolution voted by two-thirds of the membership of each house, decide whether the proclamation of a state of emergency is justified or whether the measures taken thereunder are appropriate. If the two-thirds vote is not obtained, the emergency automatically shall be revoked. Where the Legislature shall deem it necessary to revoke the state of emergency or to modify the measures taken thereunder, the President shall act accordingly, and immediately carry out the decisions of the Legislature.
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CHAPTER X AUTONOMOUS PUBLIC AGENCIES
Article 92
(a) There shall be established the following Autonomous Public Agencies, the members of which shall not in the exercise of their duties be subject to the direction or control of any other person or authority except as provided in this Chapter:
A. Public Service Commission;
B. Judicial Service Commission;
C. Electoral Commission;
D. Office of the Auditor- General; and
E. Ombudsman Commission.
(b) No person shall qualify for appointment as a member of any of the Autonomous Public Agencies unless he is a citizen of Liberia; be not less than twenty-five years of age; and meet such other requirements as are set forth in this Constitution and as the Legislature may by law prescribe;
(c) Members of the Autonomous Public Agencies shall receive salaries which shall be determin ed by the Legislature. Such salaries shall be subject to taxes as defined by law, but shall not otherwise be diminished during the period for which the members of the Autonomous Public Agencies are appointed.
(d) Members of the Autonomous Public Agencies shall not be removed from office before the expiration of the term for which they are appointed ex cept by impeachment for proved misconduct, breach of duty, violation of their oath of office, or conviction in a court of law for treason, bribery or other in famous crimes.
(e) Each Autonomous Public Agency shall submit an annual report of its activities to the President and shall submit copies thereof to the Legislature. All such reports shall be made available to the public. Article 93 The Public Service Commission shall consist of a chairman, a vice-chairman and three other members appointed by the President with the con sent of the Senate. They shall serve for a term of five years, with eligibility for reappoint ment. The President shall designate the chairman and the vice-chairman, and shall ad minister the oath or affirmation required of the members.
Article 94 The Public Service Commission shall be em powered:
(a) to regulate and control the general organization of the various public services, and develop a public merit system with open competition for pur poses of appointment to and promotion within the public ser vice;
(b) to approve the appoint ments, promotions and dismissals of all persons to posts or grades in the public service, whether as officers or employees or on special contract and to fix and regulate their conditions of service;
(c) to exercise, through the rele vant offices of the Public Service Commission, appellate jurisdic tion in matters of discipline and grievances of persons employed in the public service; and
(d) to ensure the general well- being and good administration of the public service and the maintenance thereof in a high state of efficiency and merit. Article 95 The Legislature shall by law define those services and institutions constituting the public service. It shall enact legislation providing for the training of public servants of all grades and providing for ap propriate guidelines for appointment, open competition, promo tion and retirement.
Article 96 The Judicial Service Commission shall consist of a chairman, a vice-chairman and three other members appointed by the President with the con sent of the Senate. Three ap pointments shall be made from a panel comprising at least six per sons recommended by the Na tional Bar Association from among legal practitioners with at least ten years of law practice and law professors with at least ten years of combined practice and law teaching at accredited law schools. The other two members shall be members of the general public. Members of the Commission shall serve for a term of five years, with eligibility for reappointment. The Presi dent shall designate the chair man who shall be a lawyer, and the vice-chairman, and shall ad minister the oath or affirmation required of the members. No Member of the Commission shall during the period of his ser vice as a Commissioner be per mitted to engage in the practice of law. This shall however not preclude him from accepting ap pointment as a professor or lecturer of law at an accredited law school.
Article 97 The Judicial Service Commission shall be em powered:
(a) to recommend to the Presi dent candidates for judicial ap pointment and to advise as to their qualifications including justices of the Supreme Court, judges of subordinate courts of record, magistrates and justices of the peace;
(b) to recommend to the Chief Justice candidates for other positions in the judicial service and to advise as to their qualifications;
(c) to recommend to the House of Representatives impeachment of a judicial officer appointed by the President with the consent of the Senate; to recommend to the President the removal from office of a magistrate or justice of the peace; and to recommend to the Chief Justice the punishment or removal of other judiciary personnel; and
(d) to establish guidelines for the selection and removal of judicial officers and other judiciary per sonnel. Article 98 All recommendations by the Judicial Service Commission for the impeach ment, removal from office or any other punishment of judicial officials and personnel shall be based on thorough investiga tions conducted in accordance with due process of law. The report of the findings and results of all investigations shall be published.
Article 99 The Electoral Commission shall consist of a chair man, a vice-chairman and three other members, no two of whom shall be from the same county. They shall be appointed by the President with the consent of the Senate and shall serve for a term of five years: They shall be eligi ble for reappointment. The President shall designate the chairman and the vice-chairman, and shall administer the oath or affirmation required of the members. Electoral Commis sioners shall not be members of any political party during their term of office; and to the extent possible membership on the Commission shall reflect the diversity of political views within the Republic.
Article 100 The Electoral Commission shall be em powered:
(a) to organize and supervise all elections for public office;
(b) to prescribe guidelines and regulations for the registration of political parties and indepen dent candidates, and to register or deny the registration of such parties and candidates in accor dance with the requirements set forth in this Constitution and the guidelines and regulations of the Commission;
(c) to arrange for the annual and other periodic examinations and auditing of the records, financial statements and accounts of political parties and candidates, and to publish the reports of such examinations and audits for public information;
(d) to demarcate the boundaries of legislative constituencies;
(e) to arrange for the registration of persons qualified to vote and for the maintenance of a voters' register;
(f) to administer election laws enacted by the Legislature; and
(g) to make such rules and regulations as shall be necessary for the proper discharge of its functions. Article 101
(a) The President shall appoint, upon recommen dation of the Public Service Commission and with the con sent of the Senate, an Auditor- General who shall be a certified or chartered public accountant. The Auditor-General shall hold office for a period of nine years with eligibility for reappoint ment. He shall maintain a budget independent of the Ex ecutive and provided by the Legislature. He shall have the authority to appoint such per sonnel from a list of qualified candidates, submitted to him by the Public Service Commission, as may be necessary for the pro per functioning of his Office,
(b) The Legislature shall from time to time, and as it may deem appropriate, authorize the auditing of the Auditor-General. Article 102 The Auditor- General shall be empowered to audit all accounts of all public offices and all public officers, including the courts, public cor porations and authorities and all persons and bodies established by law and entrusted with the collection and administration of public monies and assets. The Auditor-General, or his designees shall, for that purpose, have access to all books, records and documents relating to those accounts. In addition to his an nual reports, he shall submit such special reports as may be required by the President or the Legislature.
Article 103 No impeachment proceedings shall be initiated against an Auditor-General without a prior investigation and report of the Public Service Commission. Such investigation shall be in accordance with due process of law.
Article 104 The Ombudsman Commission shall consist of a chairman and two members, two of whom shall be lawyers, ap pointed by the President upon recommendation of the Judicial Service Commission and with the consent of the Senate. The qualification for appointment to the Commission, in addition to those stated in Article 92, shall be the same as for Justices of the Supreme Court of Liberia. Each member of the Commission shall serve for a term of five years, with eligibility for reappoint ment. The President shall designate the Chairman and ad minister the oath or affirmation required of the members.
Article 105 The Ombudsman Commission shall have the power;
(a) to investigate, on its own in itiative or on complaint by any person, or cause such investiga tion to be carried out into any alleged misconduct in office by a public official or employee, whether involving action taken or omitted to be taken by any Government agency, public cor poration, authority or institu tion set up or substantially fund ed by the Government, or any officer or employee of any of the foregoing;
(b) to investigate administrative acts of arbitrariness, unfairness, aggressiveness and inconsistency which have resulted into suffer ings and injustices upon a party and for which there appears to be no reasonably available judicial remedy; and
(c) to recommend to the Presi dent or appropriate government agency, authority, commission or official, after thorough in vestigations conducted in accor dance with the requirements of due process of law, measures or action to be taken to give redress to the aggrieved party. Article 106 The Commission shall not be competent to inquire into or investigate any matter which is sub judice, which has been judicially determined to be privileged or over which other agencies have original jurisdic tion and in which the complai nant has failed to first exhaust the procedure available therein.
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CHAPTER XI MISCELLANEOUS
Article 107
(a) No person to whom this Article applies, whether elected or appointed to any public office, shall hold or perform any other regular full- time or part-time job or engage in any professional activity in a private capacity for which such person receives regular remuneration or honorarium while he holds such public of fice, provided that this shall not apply to academic and teaching positions or welfare.
(b) No person to whom this Arti cle applies, holding public of fice, shall demand or receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required of him; nor shall such person manage or engage, directly or in directly, in any business which conflicts with or is likely to conflict with his official duties and functions or likely to cause him to compromise his public position.
(c) Every person to whom this Article applies shall within nine ty days after the coming into force of this Constitution, or, if employed after the coming into force of this Constitution, then not later than ninety days after entering upon the functions of his office, and at such periods thereafter as may be prescribed in a code of conduct enacted by the Legislature, file with the Public Service Commission a written declaration duly sworn to setting forth separately total assets, including money, per sonal, real and mixed property owned, possessed or controlled by him and total liabilities.
(d) Persons to whom this Article applies include the President, Vice-President, members of the Legislature, justices of the Supreme Court and judges of subordinate courts, cabinet ministers, deputy and assistant cabinet ministers, members of Autonomous Public Agencies, officials of public corporations, agencies and other public employees.
(e) The Legislature shall, in ex tension of the above provisions, prescribe a code of conduct for all public officials and employees stipulating the acts forbidden and the penalties for violation thereof.
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CHAPTER XII AMENDMENTS
Article 108 This Constitution may be amended whenever a proposal by either (1) two-thirds of the membership of both houses of the Legislature, or (2) a petition submitted to the Legislature by not fewer than 10,000 citizens, which receives the concurrence of two-thirds of the membership of both houses of the Legislature, is ratified by two-thirds of the registered voters, voting in a referendum conducted by the Electoral Commission not sooner than one year after the action of the Legislature.
Article 109 Proposed con stitutional amendments shall be accompanied by statements set ting forth the reasons therefor and shall be published in the Of ficial Gazette and made known to the people through the infor mation services of the Republic. If more than one proposed amendment is to be voted upon in a referendum they shall be submitted in such manner that the people may vote for or against them separately.
Article 110 The limitation of the Presidential term of office to two consecutive terms, each of four years duration, is entrench ed in this Constitution, and neither that limitation nor this Article is subject to amendment.
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CHAPTER XIII TRANSITIONAL PROVISIONS
Article 111
(a) Notwithstanding anything to the contrary in this Constitution, any persons duly elected to any office provid ed for under this Constitution and under the laws in force im mediately before the coming into force of this Constitution shall be deemed to have been duly elected for the purpose of this Constitution and to have assum ed the position so occupied on the date of coming into existence of this Constitution,
(b) Notwithstanding anything to the contrary in this Constitution, the person so elected President of Liberia shall be inaugurated as President on the 12th day of April, 1985. This Constitution shall come into force simultaneously with that inauguration.
(c) Notwithstanding anything to the contrary in this Constitution, the People's Redemption Coun cil shall by decree convene a ses sion of the newly elected Legislature before or on the 12th day of April, 1985, to enable the Senate and House of Represen tatives to organize and elect their officers. Such elections shall be conducted in accordance with the rules and procedures laid down by the Legislature under the suspended Constitution until changed by the new Legislature. (d) Any person who, under the laws extant immediately before the coming into force of this Constitution; held an appoint ment or was acting in an office shall be deemed to have been ap pointed, as far as it is consistent with the pro visions of this Con stitution, to hold or to act in the equivalent office under this Con stitution until appointments otherwise provided for under this Constitution shall have been made. Article 112
(a) The Constitu tion of the Republic of Liberia which came into force on the 26th day of July, 1847, and which was suspended on the 12th of April, 1980, is hereby abrogated. Notwithstanding this abrogation, however, any enact ment or rule of law in existence immediately before the coming into force of this Constitution, whether derived from the abrogated Constitution or from any other source shall, in so far as it is not inconsistent with any provision of this Constitution, continue in force as if enacted, issued or made under the authority of this Constitution.
(b) All treaties, executive and other international agreements and obligations concluded by the Government of the People's Redemption Council or prior governments in the name of the Republic prior to the coming in to force of this Constitution shall continue to be valid and binding on the Republic unless abrogated or cancelled or unless otherwise inconsistent with this Constitution.
(c) All foreign and domestic debts or other loans and obliga tions contracted by the Govern ment of the People's Redemp tion Council or prior governments, or any agency or other authority in the name of the Republic of Liberia prior to the coming into existence of this Constitution, shall continue to be binding on and enforceable by the Republic of Liberia. Article 113 Notwithstanding anything to the contrary in this Constitution:
(a) the People's Supreme Court of Liberia, sitting in its October Term, 1984, shall, for the pur pose of facilitating the continued disposition of cases before it, continue to sit en banc until the end of February, 1985, Thereafter only chamber ses sions shall be held pending the coming into existence of this Constitution. The Court shall be dissolved twenty-four hours after the coming into force of this Constitution and the term of office of all justices shall be ter minated. The President, immediately upon dissolution of the People's Supreme Court, shall appoint three circuit court judges who, as an ad hoc appellate court, sit ting in chambers, shall have the power to issue remedial writs which shall await determination on the merits by the Supreme Court when constituted. Whenever a judge of the ad hoc court shall be the one against whom a remedial writ is sought, he shall be substituted by another circuit court judge for the purpose of deciding on the issuance of the writ. A majority of the judges must agree before any writ is issued. The new Supreme Court shall be established within six months of the coming into force of this Constitution.
(b) All subordinate courts-operating prior to the effective of this Constitution shall continue to so operate, and all judges holding appointments in such courts shall continue to hold such appointments after the coming into existence of this Constitution until their suc cessors are appointed and qualified; provided, however, that all such judges shall remain and preside in their respective resident circuits pending the reconstruction of the Supreme Court. The appointment by the President of judges of subor dinate courts shall be made within nine months after the coming into force of this Con- All judges holding of fice prior thereto, unless reap pointed, shall cease to hold of fice and their functions shall automatically devolve upon the newly appointed judges,
(c) Where any legal or ad ministrative proceeding has been commenced, or a person seeks action by any authority or one acting under the authority of the Government, that matter may be carried on and completed by the person or authority having power or by his successor-in- office; and it shall not be necessary for any such pro ceeding to be commenced de novo. Any act completed by any person or authority having power under the existing law shall not be made the subject of review or commenced anew by anyone assuming the authority of that office after the coming into force of this Constitution. Article 114
(a) No executive, legislative, judicial or ad ministrative action taken by the People's Redemption Council or by any persons, whether military or civilian, in the name of that Council pursuant to any of its decrees shall be questioned in any proceedings whatsoever; and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act.
(b) No court or other tribunal shall entertain any action what soever instituted against the Government of Liberia, whether before or after the coming into force of this Constitution or against any person or persons who assisted in any manner whatsoever in bringing about the change of Government of Liberia on the 12th day of April, 1980, in respect of any act or commission relating to or conse quent upon: (i) the overthrow of the govern ment in power in Liberia before the establishment of the govern ment of the People's Redemp tion Council; (ii) the suspension of the Constitution of Liberia of July 26, 1847; (iii) the establishment, function ing and actions of the People's Redemption Council, the Peo ple's Supreme Court, the Special Military Tribunal and other organs established by the Peo ple's Redemption Council; (iv) the imposition of any penalties, including the death penalty, or the confiscation of any property by or under the authority of the People's Redemption Council under a decree made by that Council in pursuance of but not limited to the measures undertaken by the Council to punish persons guilty of crimes and malpractices to the detriment of the Liberian nation, the people, the economy, or the public interest; and (v) the establishment of this Constitution.
Article 115 The Legislature shall, by statute enacted no later than one year after the coming into force of this Constitution, prescribe the guidelines and determine the procedures under which the President shall, by reason of illness, be declared in capable of carrying out the func tions and duties of his office.
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SCHEDULE
1. This Schedule shall form and be an integral part of this Constitution and shall have the same force as any other provi sion thereof.
2. All public officials and employees, whether elected or ap pointed, holding office of public trust, shall subscribe to a solemn oath or affirmation as follows:
"I, .................... do solemnly swear (affirm) that I will sup port, uphold, protect and defend the Constitution and laws of the Republic of Liberia, bear true faith and allegiance to the Republic, and will faithfully, conscientiously and impartially discharge the duties and functions of the office of............-, to the best of my ability. (SO HELP ME GOD). "
COMPLETED THIS 28TH DAY OF JANUARY A.D. 1983 IN THE CITY OF MONROVIA , REPUBLIC OF LIBERIA BY THE NATIONAL CON STITUTION COMMISSION.
Amos Sawyer, Chairman
D .K. Wonsehleay, Co-Chairman
Robert G.W. Azango, Member
J. Gornee N. Barlefay, Member
J. Emmanuel Berry, Member
George D. Browne, Member
Augustus F. Caine, Member
H. Boima Fahnbulleh, Sr., Member
Bangaly Fofana, Member
Philip G. Gadegbeku, Member
Alfred V.W. Gayflor, Member
Isaac L. George, Member
J. Rudolph Grimes, Member
Abraham L. James, Member
Peter A. Johnson, Member
David Kpomakpor, Member
Henry G. Kwekwe, Member
Albert Porte, Member
Patrick L.N. Seyon, Member
J. Teah Tarpeh, Member
S. Byron Tarr, Member
B. Mulbah Togbah, Member
Wolor Topor, Member
Rebecca Ware-Wilson, Member
Tuan Wreh, Member
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