Someone at the Ministry of Justice ought to take the hit for shutting the doors of the Independent Newspaper without a court order. That action, at the bare minimum, amounts to a dereliction of the commitment to uphold the law, at the maximum, is an infringement of that very law. Administratively, the obvious candidate for that hit is the head of the ministry, the Justice minister, who is also the Attorney General of Liberia.
However, it appears that Liberia’s Solicitor General Tiawan Gonlgoe has thrust himself in the spotlight as the de facto head at the ministry; in him does exit its legal and political mainstay. Therefore, his statement that the newspaper closure is consistent with the law puts him in the running as a candidate in "waiting" for the hit. That statement suffered its latest defeat last Thursday when President Ellen Sirleaf declared:“[The] police was wrong to shut down the Independent Newspaper in the absence of a court order.” That disagreement is a hit of itself.
Tiawan Gongloe has an impressive resume as one of Liberia’s finest human rights lawyers. In 2003, he made headlines around the world when images of his beating while serving in Charles Taylor’s dungeon made the front pages of major newspapers. The bodily harm he sustained became a gruesome metaphor for the brutality and cruelty of the Taylor regime.
In 2005, Mr. Gongloe was appointed Liberia’s solicitor general, and the following year, 2006, he made another headline, as the first—perhaps only—solicitor general in the history of Liberia to arrest and handcuff a former president, the same president—Taylor—who ordered his arrest and detention without a court order. Recently, Mr. Gongloe achieved another milestone in his legal profession, when he confirmed the arrest of former interim chairman Gyude Bryant on charges of economic sabotage, according to the Voice of America.
But it seems all of Mr. Gongloe’s impeccable resume may be forever scarred by the manner in which he has addressed the issue of the newspaper closure. And if the Supreme Court follows in the direction of the President and rules in favor of the Independent, it would be the final nail in the coffin of Mr. Gongloe’s tenure as solicitor general of Liberia.
If that happens, it would be a disappointment to many, including myself, who respect and admire him for the temerity and audacity he demonstrated in raising the awareness of human rights abuses under Taylor. For Mr. Gongloe to appear now as the one denying that very freedom he fought to ensure under Taylor has to be sending a chill down the spine of those who expect him, if anything, to err on the side of the law.
The solicitor general office is the second highest legal counsel for the government of Liberia. Its responsibilities include such functions as providing legal advice and representation for the government in all legal matters. Though by comparison the solicitor general position is second to the Attorney General position of the United States in terms of authority, the political and legal bent Mr. Gongloe brings to this position, warrants comparing him to Mr. Alberto Gonzales, Attorney General, of the U.S. government.
Like Mr. Gongloe, Mr. Gonzales is under fire for the manner in which his office fired eight U.S. attorneys. In his public statements, Mr. Gonzales said that he was not involved in discussions prior to the firing, but evidence suggests the contrary. This has prompted calls from some Republicans and Democrats in Congress for Mr. Gonzales to step down, citing incompetence and lack of confidence in his ability to continue as the nation’s top lawyer.
Interestingly, Messrs Gongloe and Gonzales have a few things in common, which, when put together, would make for an entertaining comparison, if not a very serious one. For example, the two share the same three first letters in their last name: "Gon." They both were trained at Harvard. Mr. Gongloe was at Harvard’s Kennedy School of Government, while Mr. Gonzales received his law degree from Harvard Law School. And both of them currently serve presidents who were themselves educated at Harvard.
So, that these two supposedly smart and intelligent legal minds are under attack for apparently making decisions, which call into question their ability and competence, and could probably lead to their firing or resignation, is a cause for concern.
Mr. Gongloe faces a more uncertain future of the two. The fact that his boss disagreed with him in such public manner shows limited support, so much so that if it comes down to a decision as to whether he should continue or take the hit, that disagreement would serve a basis for the latter.
However, Mr. Gongloe’s partner in trouble, Mr. Gonzales, has been shown a lot of support from President Bush, which means calls for his firing will be like “wasting water on dog back,” as we love to say in Liberia, except more disturbing evidence and contradictions are reviewed.
In government as well as in many management positions, high profile public servants should thrive to occupy the space that guarantees the support of their boss-- essentially the space in which Mr. Gonzales now seems to occupy in the Bush administration. That can be the grey area that allows you to remain for the long haul instead of taking the hit.
Wednesday, March 28, 2007
Monday, March 12, 2007
Who Should Become Speaker
Today, March 14, 2007, is the one month anniversary of the resignation of former speaker Edwin Snowe. It seems a long time given the many things that have happened in Liberia. Anytime from now, pending the conclusion of deliberations as to the constitutional procedure in replacing a speaker, a motion may be made by one of the 64 members of the House of Representatives for an election or the ascendancy of a new speaker. Whatever happens, that speaker is expected to come from the Congress for Democratic Change (CDC), the party with the majority--16 in total-- and currently enjoys that position in acting Speaker Rep. Mulbah Tokpah.
To many, that CDC produces the next speaker is as interesting as who the individual actually is. That interest is driven in part by the allegation of bribery levied by former speaker Snowe, who accused some lawmakers as well as officials connected to the Executive Mansion as the progenitors of what is dubed "the unsuccessful removal attempt."
Predictably, if there is voting, a CDC candidate will win and catapult the party as the leading political opposition to the Unity Party-led government, finally correcting a once bizarre political configuration in our presidential system in which an independent held the speaker position.
Reportedly, three men are at the center of the caucusing for this position--acting Speaker Tokpah, Rep. ketterkumehn Murray, and Rep. Edward Forh. That one of these men becomes the next speaker is hardly surprising. That none becomes is almost inconceivable; however, legislative politics in Liberia is embedded with a degree of uncertainty and indeterminacy that tends to make prediction such as mine shortsighted.
Of the men, acting Speaker Tokpah has the better chance of landing the job. He has the experience. He also has the the power of incumbency, an advantage that can come handy during election, especially from moderates who may not want the total changing of the guard--not to mention the likely support from those who opposed Snowe's removal.
On the party front, it is in the acting speaker that CDC has the better chance of retaining the speaker position; having 16 of the 64 members is not a comfortable majority, especially in a House where former speaker Snowe and others have called for investigating the allegation of bribery.
In a political democracy, any appearance of a rift among lawmakers from the majority party usually jeopardizes that party's chances of succeeding, whether it is in an election or the passage of a bill. The way the numbers are distributed in the lower House, any rift among lawmakers representing the CDC could ensure it loses out on the speaker position in an election where other parties feed candidates.
In fact, one can sense some sort of rift emerging between the acting speaker and Rep. Murray. Read the acting speaker's interview given to Frontpage Saturday:"My position is clear on that issue and I think the constitution is very clear on this issue. If they want to violate the constitution that's their prerogative, but I am not going to stand with them," Tokpah said.
Assuredly, Rep. Murray is one of the people the acting speaker is vowing not to stand with. The Montserrado County representative is the man leading the charge for electing a new speaker, the one the acting speaker thinks wants to break the law. I don't think Rep. Murray wants to break the law. His contention that the Constitution is unclear as to replacing a speaker is right, but it is counter-intuitive at best because the framers of the constitution imagined that in the event a speaker is removed, incapacitated, etc, the deputy speaker should ascend, or the House should revert to a precedent experience to determine the option that best approximates with the House rules, which would be consistent with the constitution.
Rep. Murray was the presumptive front runner in the race to replace former speaker Snowe. On January 22, 2007, the Frontpage newspaper ran a story that revealed that he was a "wanted" man in the United States for sexual offense. It is actually unclear whether the lawmaker is wanted, but the timing of the story had the effect of bludgeoning any ambition Murray harbored of becoming speaker. Also, former speaker Snowe has implicated him in the bribery fiasco as one of the recipients of the infamous $5,000. But Mr. Murray has denied those allegations.
In his district, Rep Murray faces a threat of impeachment from some citizens, according to the Public Agenda newspaper. But the impeachment threat is as old as Rep. Murray as lasted in the House, making it appears as if it is politically motivated from people with a lingering residual anger carried over from the 2005 election. Despite all this trouble, Rep. Murray does not appear as a man hanging onto his position. But the controversy about him is too plenty for someone who wants to be speaker. His best bet for now is to remain the Chairman of the Executive Committee.
The name Edward Forh has been mentioned several times in connection with the position. But not much is known of him, safe his sturdy opposition to former speaker Snowe. He is most definitely the unknown variable, the one who could be the formidable challenger to the acting speaker in an election. He is a hardliner at best, the one who objected to the inclusion of Rep. Murray on a delegation to the U.S. recently, according to a story in the Public Agenda newspaper.
But he is not without issues. Sources familiar with legislative politics accuse him of being the choice of the Executive Mansion; and therefore would not provide the kind of opposition we saw under Snowe, something that is said to be critical for the system of checks and balances. Even some go so far as to doubt his loyalty to his party, but he does command considerable clout within, especially among those who opposed Snowe. He has been implicated in the bribery scandal, as the one who distributed the cash. But he has denied those allegations as well. After all the theatrics and antics in the lower House, a best case scenario is for him to fight to become the deputy speaker.
Therefore, after all that has beset the lower House in recent times, it is best for the country that acting Speaker Tokpah becomes the next legitimate speaker.
To many, that CDC produces the next speaker is as interesting as who the individual actually is. That interest is driven in part by the allegation of bribery levied by former speaker Snowe, who accused some lawmakers as well as officials connected to the Executive Mansion as the progenitors of what is dubed "the unsuccessful removal attempt."
Predictably, if there is voting, a CDC candidate will win and catapult the party as the leading political opposition to the Unity Party-led government, finally correcting a once bizarre political configuration in our presidential system in which an independent held the speaker position.
Reportedly, three men are at the center of the caucusing for this position--acting Speaker Tokpah, Rep. ketterkumehn Murray, and Rep. Edward Forh. That one of these men becomes the next speaker is hardly surprising. That none becomes is almost inconceivable; however, legislative politics in Liberia is embedded with a degree of uncertainty and indeterminacy that tends to make prediction such as mine shortsighted.
Of the men, acting Speaker Tokpah has the better chance of landing the job. He has the experience. He also has the the power of incumbency, an advantage that can come handy during election, especially from moderates who may not want the total changing of the guard--not to mention the likely support from those who opposed Snowe's removal.
On the party front, it is in the acting speaker that CDC has the better chance of retaining the speaker position; having 16 of the 64 members is not a comfortable majority, especially in a House where former speaker Snowe and others have called for investigating the allegation of bribery.
In a political democracy, any appearance of a rift among lawmakers from the majority party usually jeopardizes that party's chances of succeeding, whether it is in an election or the passage of a bill. The way the numbers are distributed in the lower House, any rift among lawmakers representing the CDC could ensure it loses out on the speaker position in an election where other parties feed candidates.
In fact, one can sense some sort of rift emerging between the acting speaker and Rep. Murray. Read the acting speaker's interview given to Frontpage Saturday:"My position is clear on that issue and I think the constitution is very clear on this issue. If they want to violate the constitution that's their prerogative, but I am not going to stand with them," Tokpah said.
Assuredly, Rep. Murray is one of the people the acting speaker is vowing not to stand with. The Montserrado County representative is the man leading the charge for electing a new speaker, the one the acting speaker thinks wants to break the law. I don't think Rep. Murray wants to break the law. His contention that the Constitution is unclear as to replacing a speaker is right, but it is counter-intuitive at best because the framers of the constitution imagined that in the event a speaker is removed, incapacitated, etc, the deputy speaker should ascend, or the House should revert to a precedent experience to determine the option that best approximates with the House rules, which would be consistent with the constitution.
Rep. Murray was the presumptive front runner in the race to replace former speaker Snowe. On January 22, 2007, the Frontpage newspaper ran a story that revealed that he was a "wanted" man in the United States for sexual offense. It is actually unclear whether the lawmaker is wanted, but the timing of the story had the effect of bludgeoning any ambition Murray harbored of becoming speaker. Also, former speaker Snowe has implicated him in the bribery fiasco as one of the recipients of the infamous $5,000. But Mr. Murray has denied those allegations.
In his district, Rep Murray faces a threat of impeachment from some citizens, according to the Public Agenda newspaper. But the impeachment threat is as old as Rep. Murray as lasted in the House, making it appears as if it is politically motivated from people with a lingering residual anger carried over from the 2005 election. Despite all this trouble, Rep. Murray does not appear as a man hanging onto his position. But the controversy about him is too plenty for someone who wants to be speaker. His best bet for now is to remain the Chairman of the Executive Committee.
The name Edward Forh has been mentioned several times in connection with the position. But not much is known of him, safe his sturdy opposition to former speaker Snowe. He is most definitely the unknown variable, the one who could be the formidable challenger to the acting speaker in an election. He is a hardliner at best, the one who objected to the inclusion of Rep. Murray on a delegation to the U.S. recently, according to a story in the Public Agenda newspaper.
But he is not without issues. Sources familiar with legislative politics accuse him of being the choice of the Executive Mansion; and therefore would not provide the kind of opposition we saw under Snowe, something that is said to be critical for the system of checks and balances. Even some go so far as to doubt his loyalty to his party, but he does command considerable clout within, especially among those who opposed Snowe. He has been implicated in the bribery scandal, as the one who distributed the cash. But he has denied those allegations as well. After all the theatrics and antics in the lower House, a best case scenario is for him to fight to become the deputy speaker.
Therefore, after all that has beset the lower House in recent times, it is best for the country that acting Speaker Tokpah becomes the next legitimate speaker.
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