Rep. Musk Kamara/ Image by House of Rep. press
By Fiona Benson Kollie
Electoral District #14 Representative, Muka Kamara, has raised concerns regarding Section 5 of Title 17(a) of the Revised Liberian Code of Laws establishing the National Anti-Corruption Court thus calling for a review.
But several members argued that the existing law was not formally before the House for amendment or review and therefore Plenary could not move to eliminate or alter any specific provision at this stage.
The communication, which was presented before Plenary, on Tuesday June 23 centered on the constitutional implications of the section dealing with the “Presumption of Innocence.”
Rep. Kamara argued that the provision may in conflict with constitutional safeguards enshrined under the 1986 Constitution of Liberia.
During discussions on the matter, lawmakers engaged in debate and expressed varying views. However, no definitive decision was reached by the Plenary.
Several members argued that the existing law was not formally before the House for amendment or review and therefore Plenary could not move to eliminate or alter any specific provision at this stage.
In his communication to Plenary, Rep. Kamara emphasized that Article 21(h) of the Constitution clearly provides that every person “shall not be compelled to furnish evidence against himself and shall be presumed innocent until the contrary is proved beyond a reasonable doubt.”
According to Rep. Kamara concerns arise from the wording of Section 5, which he believes appears to weaken the constitutional principle of the presumption of innocence by potentially shifting the burden of proof away from the State and onto the accused.
He further referenced Article 2 of the Constitution, which establishes the Constitution as the supreme law of the Republic and states that any laws, statutes, or regulations inconsistent with it are null and void to the extent of the inconsistency.
Rep. Kamara further urged the House of Representatives to carefully examine the matter and consider legislative action to ensure that Section 5 of the National Anti-Corruption Court law fully aligns with Articles 2 and 21(h) of the Constitution.
He stated that such a review would help maintain strong anti-corruption measures while safeguarding constitutional rights and due process protections for all citizens.
The communication was received by Plenary as part of ongoing legislative discussions concerning constitutional compliance and the effective implementation of laws within the Republic of Liberia.
