Wonderr K. Freeman, Attorney, CFCS

In Liberia, trying to propose a solution six years into the future is called a “dry meat story”. The typical response is: “Dry meat sweet, but what are we going to be eating until the meat gets dry?”[1]. If you think talking about a new constitution is a “dry meat” story, you don’t need to read anything beyond this point. Go right ahead and do something better with your time. If, on the other hand, you are concerned about the poverty and destitution in Liberia, which is mainly attributed to the current and previous debauched political culture, then this article is your starting point for building the new Liberia we want. At my age, it is no longer possible for me to benefit personally and/or significantly from this proposed change. But collectively, we owe it to our children and to posterity to build this foundation for the new Liberia that affords all our people a decent standard of Liberia.

Why do we advocate for a new constitution? The answer is simple: our [1986] Constitution has failed us. It has been a complete failure in every respect. The inherent flaws of this constitution continue to hinder Liberia’s economic development and deny its citizens a just and fair society. In its current state, Liberia is a failed state, with ordinary citizens living in dire poverty while their leaders live in opulence even amidst the stench of destitution. The people have been conditioned to believe that their survival depends on accepting this corrupt political culture – waiting on the “chief” to give them “something” for their daily bread.

Liberia’s ruling political elites are extremely greedy. I prefer to call them the budget mafia clan. Now, this is a common opinion worldwide when talking about politicians. But Liberia politicians’ greed is on a whole different level – even by African standards. They have no belief system, just naked greed. The problem starts with the voters themselves. They could care less about their future than about the next meal. They entertain no second thoughts about voting for fraudsters, hustlers, and, in some instances, common criminals – exchanging their votes for a day’s meal or, in the best of scenarios, a week’s meal. And, when these corrupt politicians get into power, it’s a recovery time. It’s profit-making time. The political culture is so debased that many Liberians are now resigned to the thinking nothing can change, at least not in this generation. Many are now saying that “it is not even worth trying”. In this article, I argued that the reason why Liberia’s debased political culture continues to repeat itself is that our constitution allows it, or at least it is dysfunctional enough and incapable of preventing waste, abuse, corruption, and impunity. I have written and co-written a number of articles pointing to systemic causes of Liberia’s underdevelopment and lack of justice.

Let’s get more practical about why our current constitution has failed us. Our constitution has repeatedly fostered a sense of entitlement amongst our government officials and has facilitated excessive greed and corruption under the ruse that the constitution allows it, so it must be legal. Take the following examples

1. Mr. Boakai, our current President, goes out and single-handedly negotiates a multimillion equipment dollar deal outside of the budget process, with a “no name” friend, and outside of the public procurement [legal] requirement. Our parliament, filled with corrupt elements, treats this faux pas as just another day. He says, “It’s a gentleman’s agreement”. Our legislators have said and done nothing about holding him to account.
2. The same Mr. Boakai twice offered bribes to select members of the Legislature to do work that is their constitutional duty. Again, this is treated as just another day.

3. Our Vice President, Mr. Jeremiah Koung (aka budget mafia kingpin) personally rakes in up to a million bucks (USD) in budget manipulation and claims it was for a hospital that he’s turned over to the Liberian government – only for the self-same property (hospital) to turn up on his [official] asset disclosure. For the current political elites, again, this is just another day. They say, “Nothing’s wrong”; it’s in the Constitution.

4. Members of the National Legislature post assets disclosure of their government salaries well above USD200k (i.e., Wall-Street-like salaries in poverty-stricken Liberia). They tell us, “It’s in the budget, and it’s constitutional”. But the average government worker gets by on a meager USD 200 or 300 per month. Where is the justification for legislators to make 100 times the average teacher civil servant salary? This is unconscionable! Our legislators say it’s constitutional and it’s legal.

5. Nyomblee Karnga and Darrious, both top senate leaders, failed to print and distribute final copies of the [2023] budget but meanwhile requested USD 700k, some of which was spent in Madame Ms. Karnga’s father’s church and on people in her household for “catering services”. Nyonblee and Dillon (aka the Light) say it’s legal and it’s allowed by the Constitution. Every nefarious and corrupt deal is legal and constitutional.

And, you’d be sadly mistaken in thinking it is just this current government. This extreme greed and dysfunction have been part of our political culture for a long time and were significant contributing factors to our civil war. The fact that the civil war, notwithstanding, this very malfeasance continues to haunt Liberia shows that something more fundamental is at play. That something more fundamental is what I am now giving name to. It’s the failure of our 1986 Constitution. Again, here are some additional practical examples of political decadence masquerading as government.

1. Mrs. Sirleaf (ex-President 2006-2017) appointed all her sons and siblings to the government. One was at the National Security Agency (NSA), and together, they instituted a policy of sending at least 10 million USD annually to the NSA, guaranteeing that there would never be an audit. This sordid culture continued with Mr. Weah (ex-President) channeling a whopping USD 75m (between 2018-2023) – without audit, of course. Mr. Boakai (another change agent) has continued this bone-headed tradition. Another Sirleaf son was implicated in an illegal currency printing scandal and got away with impunity. And Sirleaf dear sister ran down the JFK (our main referral hospital) and left it in tatters after 12 years of running it. The last of the Sirleaf’s clan bankrupted our National Oil Company, and Mama Sirleaf said she took full responsibility but never paid back a dime. Today, Sirleaf Jr. (aka “Baby Rob”) enjoys all that looted cash, while millions of Liberians continue to languish in poverty.
2. Then came Mr. Hope and Change – aka Mr. George Weah. He institutionalized corruption, human rights violations, and utter misrule. Under his administration, the Office of the President became a veritable criminal syndicate while he and Mr. McGill looted the country dry. It was so bad the Americans began to sanction Liberian officials because it was clear the state was incapable of recognizing that crimes were occurring at the level of the Presidency, let alone doing anything about it. His wife, Mrs. Clar Weah, was given millions of dollars in state budgetary allocations for “charitable projects”. To date, she has not faced any audit for the millions she’s received, and she continues (ostensibly) to enjoy all that millions while Liberians suffer. State institutions like the GAC, LACC, MOJ, LNP etc. looked the other way because these institutions see themselves as appendages of the ruling party.

3. Under Mr. Weah, state auditors were dying in droves while Mr. Weah joked about it, saying “the people were doing [man-and-woman business]”. During the Weah’s era, Mr. Koijee and the CDC Council of Patriots [militants] wreaked havoc on Mr. Weah’s political opponents, and state institutions did nothing, as usual. Today, Jefferson Koijee is a free man, never having to account for his criminal past. And the so-called CDC Council of Patriots members, who attempted murder in broad daylight and on cameras, in the clear presence of police officers, continue to live life as usual because state institutions (i.e., law enforcement & prosecution ) are typically subservient to the ruling party.

I don’t intend to exhaust the level of criminal acts that go unpunished in Liberia. They are innumerable. And most of these were done under a “cloak of constitutionality”. At the very least, state institutions are constitutionally structured in such a way as to make them incapable of acting professionally, independently, and objectively. When it comes to issues in our constitution that contribute to dysfunction, I could easily list a hundred. But that would have to wait for a book. This article is simply to spur national debate on whether or not a new constitution is needed. And if so, how soon? Here are additional institutional dysfunctions for which I say Liberia needs a new constitution – ASAP and/or well before we get to 2029.

Some ranking members of Liberia’s Budget Mafia Clan. No Principles. No Party, No Ideology. Just one common objective unites them all: “ripping off” the Liberian people, as much as possible.

1. Is it time to end elected officials’ six and nine-year tenure? Right now, legislators get six years, and senators get nine. A new constitution can cut this down to four or, at most, five years. Is this a meaningful and impactful change? I say yes, indeed!

2. Should we have a recall [triggering] clause for our elected leaders? So, for example, if we find out that after electing an official (e.g. Mr. Weah) and he starts stealing in the first six months and singing and dancing Buga (instead of working), we should be able to trigger a recall vote much easily, instead of having to wait for another 5 or 6 years. By waiting another 5 or six years, the damage would be way too much.

3. Should people accused of crimes, especially felonies, be allowed to register as candidates? This question came to the fore when ex-defense Minister Brownie Samukai was elected, notwithstanding his being indicted and under prosecution for corruption. He went on to win the election, triggering an unnecessary legal quagmire. The same can be said of people like National McGill, Albert Chie, Prince Johnson. Bill Tweahway and Emmanuel Nuquay etc. For example, Jeremiah Koung was accused in a CENTAL report[2] of “stealing” more than USD 1m in budget fraud. There has never been an investigation, and he was elected. Now, he’s well positioned to be the next President of Liberia; howbeit, with significant corruption charges hanging over his head? Can a new constitution compel [MOJ] clearance before such persons participate in an election? I am tempted to think this is very reasonable and necessary.

4. Mr. George Weah was accused of tribalism and sectionalism because, under his Presidency, the [House] Speaker was from the Southeast, as well as the Senate Pro Tempore, in addition to other high-profile appointments. Has it gotten any better under Mr. Boakai? When he’s looking for a university President? Lofa. Supreme Court justice? Lofa. NPHIL head? Lofa. MFDP? Lofa. Half the time the only competent people Mr. Boakai finds are from Lofa. Why? They say it’s his constitutional prerogative. Can we fix our constitution so that this problem is solved? I very well think so. A new constitution can impose a limit on what constitutes unacceptable tribalism and sectionalism. 

5. I think people in law enforcement and the judiciary should not serve at the will and pleasure of the President. Consistent with the principle of three separate and co-equal branches of government, I think the President should not be appointing judges. I think the top officials at the Police and the Justice ministry should have fixed tenure and not have to serve at the will and pleasure of the President. That is the ostensible reason why our Police do nothing when the President and his ruling party officials break the law. And the MOJ look the other way because the President wields that appointing/removal power over them. This is what is happening in Liberia [now], as the Grigsby-Mamaka money-hungry team goes around the world seeking “riches by any means possible”. Our MOJ, LACC, and LNP seem powerless to stop this sheer political gangsterism.

6. Should diaspora Liberians vote in Liberia elections? Recent technological improvements make this very easy, and many countries now allow diaspora voting. Can Liberia do the same? Can a new constitution fix this also? And then there is the citizenship question about dual nationality and the limitation of citizenship to people of negro descent. Should Liberians living in 2027 or 2037 still be beholding to a law carved out with an 1847 mentality? Does Liberia need to go back to the drawing board on this? I think so too. There is so much to correct on this issue.

7. And provincial governance, should our counties elect their superintendents and other county officials? If you ask me, “I’ll say yes indeed”. Not just the superintendents but also their deputies, and this extends to other county officials like the county attorney, county defense counsel, county health officer, county education officer, resident engineer, and other such officials. The appointment of these officers at the domestic level by Monrovia-based ruling-party politicians has not led to more productivity and competence but abysmal levels of incompetence, bootlicking, sycophancy, corruption, and impunity. I believe we should rewrite our constitution and correct all of these systemic issues that have long contributed to Liberia’s decadent political culture.

8. How big a government should we have? Should our President just create new institutions any time he or she feels like it? Mrs. Sirleaf commenced all these five to seven persons full-time commissions, all adding millions to the wage bill and overall cost of government. It’s clear we can’t afford all. And worst yet, our new Presidents can leave all these commissions and create even more new ones, as is with the case of Mr. Boakai leaving a 7-member LACC, MOJ, GAC, GSA, and creating a new 25-member Assets Restitution Committee. Can our new Constitution put a limit on the President’s ability to create duplicative government departments? I think so too.

9. And then there is the government officials’ salary issue. The top-ranking officials think it’s okay for the lowest-ranking civil servant to make USD200 per month while they make USD10K to 20k monthly. That’s about 50 to 100X the average civil servant’s salary. So, if they think it fitting that the lowest level civil servant makes USD200-300, that means these officials should not themselves make more than 2000 to 4500 (i.e., 10-15X the average civil servants’ salary). I would call this fair game. Do I think a new constitution can fix this also? It sure can!

10. And, of course, in writing a new constitution, we can decide the size of the government in one swoop. Useless government agencies like the NSA, DEA, LRC can be wiped off totally, while much like outdated agencies like the GC and myriad other commissions. LACC, for example, does not need seven commissioners. That’s very wasteful and ineffective. The LACC can probably work with a head and a deputy or two. We can, in fact, limit the overall cost of government. We can say it must not exceed 60% of the government’s total revenue intake. In just one swoop, you can solve all the useless government expenditure problems. The new constitution can mandate that the Government of Liberia spends no less than 40% of all government income on PSIPs – Public Sector Investment Projects.

As noted earlier, this article is solely intended to call attention to a national imperative. People already know the problem(s). Liberians live in poverty daily. What is not universally agreed is the solution. I’m saying, “Let’s write a new constitution”! Let’s screw all these corrupt politicians. We need to send a strong message to people like Edwin Snowe, Prince Johnson, Prince Moye, Saah Joseph, Alex Tyler, Thomas Fallah, Jeremiah Koung, Joseph Boakai, George Weah, and the rest of the BUDGET MAFIA CLAN, that their way of doing things have only led to misery for the majority of Liberians. There is a better way. By writing this new constitution, we can correct so many things at once. This is all the more necessary because we have an obligation to our children, to leave them a country where they can live a decent life, by virtue of their Liberian citizenship, and not by prostrating before some “big man” to throw some of his loot their way. “Oh chee, … “leh us here oh”…”just find sometin smor” for pekin-dem to eat”[3]. This is the Fonati-Fallah formula or even better the Snowe-Koung formula. We must end this kind of low-level mentality prevalent in Liberia.

So, as Liberia celebrates this July 26, I call on Liberians from all walks of life to think seriously about this proposal – the writing of a new constitution for Liberia. I call on all to seriously consider Liberia’s current [failed] state and the impossibility of setting things straight under the current system. The current BUDGET MAFIA CLAN has hijacked the our constitution’s [glaring] flaws and is hell-bent on exploiting it to their benefit. Now, for every evil deed they do, they tell us it’s legal. They tell us. “It’s in the constitution”. But the Constitution is not carved in stone. It can be changed. It can be rewritten to serve us – the people. If the constitution will be rewritten, the Liberian people themselves must take the lead. These greedy politicians, who have commandeered our constitution and have bastardized it to their benefit, will never lead this charge. We must do it ourselves. We must do it ASAP, if not for ourselves, but for our children. We can put an end to this shameless stealing, widespread injustice, and nonchalant impunity. We can end this unbridled corruption. We can end this bloated government structure. We can end the waste and abuse in government. With a new constitution, we can do it.

What can you do today? You can forge coalitions to advocate for it. Donate to it. Walk for it. Sing about it. Post about it on social media. With concerted and coordinated citizens’ actions, we can cause a new constitution to be written that will lay the foundation for a new and better Liberia. I think it can be done long before 2029. Happy 26 to all, and remember the issue: Should we demand a new constitution for Liberia? Sure, we should. It is now our only viable option to remake Liberia. Let’s do it!

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[1] More precisely, it’s called a “dry dog story”. This maxim is typically used by persons who do not want to wait for anything [benefits] “future”. They want it now. Given the historic lack of electricity, everyday Liberians generally “smoke” their food, especially fish and meat – as a form of preservative. Now these products are necessary ingredients in a typical Liberia cuisine. So, when they say dry meat is sweet, it means “smoked meat” is delicious, but we don’t want to wait for that smoking process. We want to eat now. This culture has calcified into Liberians’ overconcentration in the here and now.

[2] CENTAL – a local subsidiary of Transparency International that reports regularly on corruption and governance issues.

[3] A typical Liberia scenario where locals walk up to a “big man” asking for petty cash to get the next meal.

AUTHOR

Wonderr K. Freeman is a Liberian Investment Attorney, Political Economist, Accountant, and Certified Financial Crimes Specialist (CFCS) currently based in Minneapolis, USA. Mr. Freeman’s professional interests span the intersection of law and economics, including the political economy of development, economic justice, international trade/investment law, and financial crimes law. He can be reached at [email protected]. He blogs at https://wonderrfreeman.com