Banks Calls for Implementation of Liberian Constitution Over More Amendments

By Lewis S. Teh

Monrovia, Liberia – Former Supreme Court Associate Justice Cllr. Philip A.Z. Banks has urged Liberians to focus on implementing the provisions of the 1986 Constitution, rather than seeking further amendments. Banks made the remarks at the conclusion of a two-day Public Policy Dialogue on Constitutional Reform held at Monrovia City Hall.

Banks, who served as legal advisor and director of the legal department for the National Constitutional Commission, emphasized the need for constitutional interpretation to be grounded in the framers’ intent and historical records, rather than undertaken in isolation.

“Interpret the Constitution with its records.”

He noted that constitutional interpretation in Liberia is complicated by the loss of historical documentation during the civil war, making it more difficult to interpret provisions in the proper context.

Banks referenced the 2011 Supreme Court case regarding the 10-year residency requirement for presidential candidates, explaining that the court interpreted the requirement as consecutive years after reviewing historical records.

He added that the Court applied the principle of “force majeure,” recognizing that the country’s civil conflict disrupted residency, which the farmers had not anticipated.

Banks stated that many provisions of the Constitution remain unimplemented and questioned whether Liberians have the willpower to enforce what is already written, regardless of further amendments.

He cited Articles 3-10 of the Constitution, which require the government to address tribalism and nepotism, promote employment and economic development, and ensure constitutional education in schools. He noted that these provisions were based on comparative studies with other countries’ constitutions, but implementation has lagged.

Banks also recalled that the Constitutional Commission maintained its independence from the military government by refusing to convene until granted immunity by decree, ensuring its members were not influenced by the authorities.

Banks cited several examples of constitutional mandates that have not been complied with:

He highlighted Article 56, which mandates that all chiefs—clan, town, and paramount—be elected rather than appointed. Banks noted that over the past 40 years, no chief has been elected as required by the Constitution.

He also pointed out that the Constitution requires the Legislature to establish a Claims Court that would allow citizens to sue the government for property or damages, a requirement that has not yet been met.

Additionally, he stated that the Code of Conduct for public officials, required by Article 90, was only enacted in 2014 despite being mandated in 1986, attributing the delay to legislative self-interest.

Banks further explained that the crime of treason was included in the Constitution to prevent its misuse by the legislature against political opponents, citing past abuses during military rule.

Hope for the dialogue:

Banks welcomed the Governance Commission’s plans to promote civic education on the Constitution, similar to the original Commission’s efforts to make the document accessible to the public in various languages and formats.

“My hope is that from this gathering year, we will make the determination… that when we craft these good things, there must be more than words that we put on paper. It must be because we want to follow what we say.”

The dialogue is expected to continue as experts review the Gloria Scott Committee Report and discuss key areas for reform, including decentralization, citizenship, tenure, and accountability.