The Perspective
Atlanta, Georgia
March 22, 2021

J. Patrick Flomo

Under the Republic of Liberia Electoral Reform Law of December 17, 2004, section 3.2: for the 2005 elections, citizens of Liberia who meet the qualifications set out in Article 30 (a) of the Liberian Constitution and who are taxpayers in Liberia are eligible to become members of the Legislature.   Mr. Brownie J. Samukai of the Unity Party met the constitutional and electoral requirement to canvas for the Republic of Liberia's electoral office.  Adhering to the constitutional and electoral qualifications, Mr. Brownie J. Samukai did canvas in the 2020 midterm election as the Unity Party candidate for Senate for Lofa County, and he was victorious.  It has been 101 days and counting since his election, and he has been barred from taking his oath of office. And thus, the people of Lofa County have been denied a senatorial representation in the Liberian Legislature.  

I have eschewed discussing the monetary issue the government of Liberia has attached to the election of Samukai.  I find the government’s position or linkage to be preposterous, vacuous, absurd, and with no legal or constitutional standing.  Second, the issue has been litigated through the legal system, ending with the Supreme Court.   What is at stake is the government's attempt to nullify the senatorial electoral choice of the people of Lofa County.  No democratic government has the power to nullify a “clean, free and fair election” dénouement.  It must not start here!  The government’s position is purely the exercise of flexing its power (which it was given by the people for the common good of the people) for Weah’s political aggrandizement.  Such utilization of the government’s power is political kryptonite.

Government is instituted by a community for providing collective security and the exercise of the rule of law.  The legitimacy of that governmental authority to wield such enormous power over the people comes from the free exercise of elections expressed by the people through voting.  Any attempt to corrupt, invalidate, or deny the people’s choice after a free and fair election has been exercised, is an abomination to the fundamental values of democracy. 

Liberia is a democratic Republic. One of a Republic's fundamental essences is the liberty and freedom to freely utilize the democratic electoral process to choose their representatives and senators.  So, on December 8, 2020, the people of Lofa County, Republic of Liberia, were presented with several candidates cleared by NEC to canvas for Legislative offices.  

Like the rest of the Republic, the people of Lofa County went to the polls on December 8, 2020, to exercise their constitutional rights to elect their representatives and senators.  Mr. Brownie J. Samukai, a Unity Party candidate, was duly and freely elected in a free and fair election as a senator for Lofa County.  It is now 98 days and counting, and Senate-elect Samukai has not been able to take the oath of office.  The people of Lofa County should be extremely apoplectic about this constitutional violation of their electoral choice.  The strangle-holding of Mr. Samukai to be rightfully seated as a senator is unconstitutional, unacceptable, and politically perilous.  

However, what is most dangerous and can cause a constitutional crisis is the government of Liberia's overt and blatant abuse of power to deny the people of Lofa County a senatorial representative in the Liberian Legislature.  This is a grave and dangerous precedent.  I can’t find any example of such a constitutional violation of the electorates anywhere else in democratic societies.   Lofa County's people should be outraged and clamoring for their constitutional rights to representation.  Unity Party's passivity disposition and unassertiveness in these political shenanigans orchestrated by the Weah government are very troubling.  Unity Party is a full flesh recognized political party, and to see her unwillingness to flex its constitutional rights to challenge NEC's violation of electoral law is very disquieting.

What should the people of Lofa County do? This is the quintessential question that the people of Lofa County and the Republic of Liberia must grapple with.  As for me, I submit the following:
1st, the people of Lofa County must put this issue to the people of Liberia.  Today, it is Lofa County under the political weight of the Weah government.  Tomorrow, it would be another county under a different government.  We, the people of Liberia, should not condone this egregious abuse of power.  It is not healthy for the peace and stability of the Republic.

2nd, Liberia is a nation of “the rule of law.”  The people of Lofa county should take the NEC to the Supreme Court to answer why they (the people of Lofa County) are denied a senatorial representation in the Liberian Legislature.

3rd, the people of Lofa County should consider an appeal to the ECOWAS Court for redress if the Liberian Supreme Court fails to define the constitutionality of this senatorial representation.
4th, Lofa County people should immediately begin appealing to international organizations and friendly governments through their embassies in Monrovia for intervention to reach a peaceful resolution.
5th If all the above fail, the people of Lofa County should call on all the PEOPLE of Liberia for a peaceful and nonviolent demonstration against the government for arbitrarily nullifying their electoral decision and denying them a senatorial representation in the Liberian Legislature. 

 Section 14 states: Endorsements of Elections Tally, the Commission shall collect all the tabulated results from every constituency received from the Magistrates; and announce the returns of the elections not later than fifteen (15) days after the elections.  It has been 83 days since the elections were announced, and Mr. Samukai has not been certified by NEC.  This is a gross violation of the constitution by NEC, and it seems to have no consequence. Such an action leads to a political black hole, and We, The People of Liberia, must eschew it by all necessary means.