‘Belated and Unconstitutional’

first_imgConstitutional and Human Rights lawyer Counselor Tiawan Gongloe has described President Ellen Johnson Sirleaf’s power request to the National Legislature as “belated and unconstitutional.”He described her request as  “worrisome and scary.”Speaking in an exclusive interview with the Daily Observer Wednesday, October 8, Cllr. Gongloe said Article 88 of the 1986 Constitution has a  specific provision  that says following a declaration of a state of emergency,  “The President shall within seven days, not later than, put before the Legislature in regular session the facts and circumstances associated with such declaration.”Going further, he said “The Legislature in 72 hours shall have joint resolution voted by 2 1/3 members of both Houses to declare whether the state of emergency is justified or whether the measures taken are appropriate.”He noted that the President declared the state of emergency in August; and she is now requesting for additional powers in October, something Cllr. Gongloe said should not be given because the statute of limitation is wrong and unconstitutional.In a letter to Speaker Alex Tyler dated October 1, 2014, President Ellen Johnson Sirleaf said that as a follow up to her communication dated August 7, 2014 laying the facts and circumstances necessitating the declaration of a state of emergency, she was asking for legislative approval of some measures that will suspend or restrict certain rights in some provisions in the Constitution.Among the provisions, President Sirleaf is seeking for restrictions of rights of Liberians in Articles 1, 12, 13, 14, 15, 17, and 21.In Cllr. Gongloe’s argument on Article 1, he said the President’s request is in contravention of Article 87 of the Constitution which provides that during a state of emergency the Constitution cannot be suspended, amended or abrogated.Article 1 provides that all power is inherent in the people, giving the Human Rights lawyer the ground to argue that this article sums up the entire constitution.He added that the Constitution did not mention pestilence under Emergency Powers but military attack and civil unrest, and therefore Ebola is not a condition to suspend the Constitution or any part thereof.On Article 12, which protects Liberians from being subjected to forced labor, Cllr. Gongloe said the President needs no power to seek from the Legislature because the Constitution is clear that during emergency people can be asked to help solve a prevailing disaster caused either by flood or fire, and that no one will complain of abuse of his/her right.He said Liberians having seen and felt the negative impacts of Ebola, are conscious now to follow all pieces of hygienic advice and abide by established measures to prevent Ebola. “The President’s request for additional powers in the Ebola crisis makes it suspect, leading the people to ask what really does she want to do.”“Future constitutional amendments should look at pestilence in the future, but for the President to look at Article 1 and suspend it for Ebola, I am worried by that  this is arbitrary governance,” Cllr. Gongloe added.On Article 14 which talks about freedom of religion, Cllr. Gongloe intoned that the President seeking power to stop religious practices would be like finding a solution to solve one problem and at the same time creating another problem.The President stopping people from practicing their religions will surely create public uprising, noting, “We do not want any religion problem in this country, considering our past.  And I don’t know who advises the President, but she is ill advised.On Article 15, which talks about freedom of movement, Cllr. Gongloe said the request for its suspension is broad, and he worried about prohibiting  travel by “certain individuals,”  as mentioned in the President’s request.He argued that the President failed to define the category of people whose movements would be restricted, and she can explain it in her own way to suit her power when that power is given.“Who are the people to be restricted and why?  This looms fear that any of us here can be restricted from traveling.”On the issue of freedom of speech, Cllr. Gongloe said the President’s request to restrict this basic constitutional right  could lead to what obtained during the Tubman, Doe and Taylor regimes—shutting  down of newspapers and radio stations.  He cited the recent closure of the National Chronicles Newspaper, which was shut down in the first days of the state of emergency.He said if such meets legislative approval and the President restricts people from speaking their minds, this could immediately plunge  Liberia into her version of the “Arab Spring.”  He reminded the President that communication  is more easily and readily available today than at any time in history.  “We now live in the Information Age,” he averred. “Free speech should be open  to get the people speak out so that Government may be informed about what can be done for their safety. The Legislature should not approve the request because the people will surely resist it and it will undermine the peace we have,” he maintained.As for the freedom of assembly, Cllr. Gongloe indicated that he would agree for video clubs and other businesses that bring people into close contact to be shut down under the state of emergency, since coming in contact with one another could help to spread the virus.However, he said this should be in conformity with expert advice and not done because the President wants it to be done.He also argued that the portion of the President’s request to expropriate any private property is broad and undefined, raising doubts as to whose property and what kind of property is to be expropriated.He said the timing for the requested actions is null and void and cannot work, and that any attempt on the part of the Legislature to approve that will lead to the filing of writs of prohibition before the Supreme Court of Liberia.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)last_img read more


first_imgThe annual Manorcunningham 5k Road race and walk took place on Tuesday night.The rain stayed away to make for perfect conditions for a tough battle around the village and country roads of Manor,with the presentation taking place in the resource centre.The local ladies provided refreshments after which were much appreciated. The race was won by Gavin Crawford (16.43) 24/7 club and a native of Manor. He managed to hold off Ivan Toner (LAC) and the ever improving Kieran Crawford (LAC) in an exciting finish, much to the delight of the local supporters.Finnula Diver(18.31) who ran a PB last year on this course returned to defend her title in fine style, from Catherine Whoriskey of city of Derry, who was just 6 sec. over the 19 minutes.Kevin Ferry won the vets over 40 section and is having his best year ever on the 5k circuit, holding off Marcus McClintock on his home ground.Liam Marley Cranford AC, broke the 21 minute barrier to record a won, from PJ Friel. In the Vetern Ladies Eithne Cox got the better of Fiona Wasson, and Ruth McCrudden, in a very close battle.First Junior went to Dayle Gallagher, in a fine time of 18.23, and the first Local home was Richard Gordon in a time of 18.51.But the biggest personal battle of the night was taking place back in the field of almost 150 competitors.Shaun (Swan) O Donnell, Ernie Pollock, and Eugene McGinley, three locals that have competed in almost 40 5k road races this year. Shaun was fresh from the Termon 5k last Friday night with a new PB. But Ernie and Eugene were ready to do battle.Eugene changed tactics and went from the start with blistering pace carrying Ernie with him and by the time they reached Ray grave yard, Shaun was nearly dead and buried, with a PB to live up to Shaun attacked again on the Manse Road (3k mark), However Eugene struck for home again at Platts corner to dispel any come back from his two running mates.Ernie showed great speed and determination from Lynseys Shop with 400 meters to go to hold off Shauns famous kick finish and managed to hold on to the finishing line. But Shaun had the last word “yous still didn’t beat my PB from Termon boys”A Big thank you to all who helped on the night and to all the competitors who took the time to come out and support the race.113GavinCrawford24/7 clubS Men16.43220IvanTonerLACS Men16.53326KieranCrawfordLACS Men17.04463KevinFerryLACO 40 men17.08564BrianCrossanS Men17.22665RaymondBirchLACS Men18.14733MarcusMc ClintockLACO 40 men18.17867PauricBreslinS Men18.19912KarolMc LaughlinInishowen A/CS Men18.211051JohnDaleyLACO 40 men18.2211221DayleGallagherLACJunior18.23124GarethKerriganMilfordS Men18.251378FionnualaDiveLACS Ladies18.301469KennyO DonnellFinn ValleyO 40 men18.341573PaulMurrayFinn ValleyS Men18.381666BarneyFerryLACS Men18.431772RichardGordanJunior18.511832DarrenPriceLACS Men18.551961CatherineWhoriskeyCity Of DerryS Ladies19.062062DarrenWallaceFoyle VS Men19.102175AaronColeS Men19.152230MartinMc CabeS Men19.172323RobertGallagherStrabaneS Men19.252497StewartMageeS Men19.282528AdrianHerrityS Men19.3526100VinneyHegartyInishowen A/CS Men19.5127210MichaelMaddenLACS Men20.012871DavidGordanS Men20.0229203SeamusNallenS Men20.033054TreasaDohertyInishowen A/CS Ladies20.123180RichardGildeaLACS Men20.2832206CathalMorrisonO 40 men20.333384PaulGildeaS Men20.383481RonanGildeaS Men20.403524ChristopherMc NultyStrabaneS Men20.473640LiamMarleyCranfordO 50 men20.533745AidanO DonnellS Men20.593891FelimLynchS Men21.113970DarrellDuncanS Men21.164031PJFrielO 50 men21.194135AdrianMc HughS Men21.2042219SeanTonnerS Men21.23437BrendanGoyvaertsUnited Health CareS Men21.254421AnthonyMurrayO 50 men21.264579MartinaHegartyS Ladies21.3146213NoelLynchLACO 40 men21.344742GarvanBoyceO 40 men21.504892RonanGibsonS Men21.524943KevinDohertyS Men21.545044JohnMc KelveyS Men21.56512EugineMc GinelyO 45 men21.5852201PeterMc KinneyInishowen A/CO 50 men22.0253220PaddyGildeaS Men22.035418PatByrneKillybegsO 50 men22.085582DeclanMc ElwaneS Men22.09563ErniePollockO 50 men22.1357202SeamusMc DaidInishowen A/CO 40 men22.1458207TrevorCoxS Men22.195916ShaunCrossanJunior22.226059JimmyMc BrideO 50 men22.336148PaulRodgersS Men22.356299PhilipBrownS Men22.386325StepheneMc philemyO 50 men22.466476SamColeCity Of DerryJunior22.506568ChrisAshmoreO 40 men23.256637CarolineMc NultyFinn ValleyS Ladies23.276739DavidWilsonS Men23.286856AlisterHetheringtonS Men23.30691ShaunO DonnellUnattachedO 50 men23.4770209EilishMc ClaffertyS Ladies23.5871102BridMcGintyS Ladies24.1472101NadineCrawfordS Ladies24.1473211DarrenGallagherS Men24.167498MarkBrownJunior24.1775215GerryDurningO 50 men24.187634MarrianKerrLACS Ladies24.197715KarolMc GinelyJunior24.207817JimmyWhiteKillybegsO 50 men24.217993EmmetO DonnellS Men24.228085WesleyMc KaneFinn ValleyS Men24.298111MartinO DonnellO 40 men24.398260MarkKildaeS Men24.428377BarryTinneyS Men24.438441NoelleParker24/7 clubS Ladies24.558538JonathanWilsonS Men24.5686204OrlaNallenS Ladies24.578752DavidHigginsO 50 men25.0688208EithneCoxO 40 w25.108949FionaWassonO 40 w25.2790214RuthMc CruddenLACO 40 w25.289174BrianCoyleJunior25.32926CiaranCoyleUnited Health CareS Men25.33939PaulDohertyO 40 men25.419450ShaunaMc GeehanLACS Ladies25.469546John PaulSweeneyS Men26.229653GrainneHigginsJunior26.3197216BrendaMc CahillO 40 w26.559888LizzGallagherS Ladies26.579919BillyBrodricKillybegsO 40 men27.0310057EileenMorningS Ladies27.06101212MadelineCrampsie24/7 clubS Ladies27.101025EamonnO ReganO 50 men27.29103218NoelHeekinS Men27.4210496DeanSpencerS Men27.4310529CathalLeppordJunior27.5610655CherylHetheringtonS Ladies27.5810794SaraCrawford24/7 clubS Ladies28.0210895JoanneOrgan24/7 clubS Ladies28.18109222RoseLynchS Ladies28.3511090PJMc MonagleO 40 men28.3611189LisaMc MonagleS Ladies29.0211247LindaKennedyS Ladies29.03113319CromhanWheelerWalker29.0411427JordanGallagherJunior29.1011583ClaireGildeaS Ladies29.1211614LauraMc GinelyS Ladies29.1711787DorethyMc HughS Ladies29.30118205WilliamBonnerS Men29.3311986JosieGallagherS Ladies30.12120301AmandaMc ConnellWalker30.2312122ShaneBonnerJunior30.24122322JoanWallace JnrWalker30.25123312MarkBoonerWalker31.091248AngelaQuinnO 40 w31.1312558CloeHetheringtonJunior33.08126314JessicaBroganWalker33.08127325NiamhTonerWalker33.40128306Dee DeeDiverWalker33.4112910OliveDohertyO 40 w33.58130223LorraineGildeaS Ladies34.20131323EithneWallaceWalker34.22132324KathleenTonerWalker34.29302GerardMc ConnellWalker303MaryMc FaddenWalker304SusanKellyWalker305RoisinMc FaddenWalker307AlisonGibsonWalker308PaulineMc GinelyWalker309KateGibsonWalker310JoanFarrelWalker311BrianBonnerWalker313NorlaBroganWalker315ShaniaMc ElhinneyWalker316MarrianDillonWalker317YasminKellyWalker318ChantelleWheelerWalker320ClionaMc FaddenWalker321JoanWallaceWalker326GloriaMc FaddenWalker327BridCullenWalker328ColleenMc ConnellWalker329LaurenGallagherWalker330LeahGallagherWalker331TinaLynchWalker332MargaretMc ConnellWalker333CharleneMc ConnellWalker334DeniseGibsonWalker335AngelaDoranWalker336MiaDoranWalker337MathewDoranWalkerALL THE RESULTS FROM THE MANORCUNNINGHAM 5K was last modified: July 3rd, 2013 by John2Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:ALL THE RESULTS FROM THE MANORCUNNINGHAM 5Klast_img read more