Capitol Hill, Liberia – Montserrado County Electoral District #14 Representative Muka Kamara has challenged a provision of the law establishing Liberia’s National Anti-Corruption Court, arguing that it may conflict with constitutional protections guaranteeing the presumption of innocence.
Kamara’s concerns were contained in a communication presented to the House of Representatives, where he questioned Section 5 of Title 17(a) of the Revised Liberian Code of Laws. He maintained that the provision could undermine the constitutional principle that every accused person is presumed innocent until proven guilty beyond a reasonable doubt.
The communication was taken up by the House Plenary, prompting debate among lawmakers. While several members acknowledged the constitutional issues raised, others argued that the House could not amend or strike any part of the law because the legislation was not formally before Plenary for review.
In defending his position, Representative Kamara cited Article 21(h) of the 1986 Constitution, which guarantees that no individual shall be compelled to testify against themselves and that every accused person must be presumed innocent until proven guilty.
He argued that the wording of Section 5 appears to shift part of the burden of proof from the prosecution to the accused, a move he believes is inconsistent with the Constitution.
Kamara also referenced Article 2 of the Constitution, which establishes the Constitution as the supreme law of Liberia and declares any law inconsistent with it to be null and void to the extent of the inconsistency.
The District #14 lawmaker urged the House to examine the provision and take the necessary legislative steps to ensure the Anti-Corruption Court Act fully complies with the Constitution while preserving due process and the rights of all citizens.
Although no decision was reached during the session, the communication has added to ongoing discussions within the Legislature about ensuring Liberia’s laws remain consistent with constitutional standards while strengthening the country’s fight against corruption.
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