Friday, 17 January 2025 16:32

[OPINION] Politicians and Independence of Electoral Umpires - Paul Ejime

Most African countries make a ritual of adding the word “Independent” or “Autonomous” to the name of their electoral commissions. In reality, their election umpires are anything but, even where the national constitution guarantees the so-called independence.

The “indefinite suspension” of Madam Davidetta Browne-Lansanah, Chairperson of the National Elections Commission (NEC) by Liberia’s President Joseph Boakai over actions deemed “disruptive to public order and stability,” is the latest case in point.

According to an Executive Mansion statement on 15 January 2024, her suspension follows an investigation into recent protests by aggrieved NEC workers regarding “administrative decisions taken by the NEC chairperson without proper consultation.”

Madam Browne-Lansanah was accused of “unilaterally announcing the closure of the NEC office for one month and dismissing 25 employees without the knowledge or approval of the NEC Board of Commissioners, as required by law.”

“While the committee constituted (by the Presidency) to investigate the grievances of NEC workers was actively addressing the matter, Madam Browne-Lansanah took precipitous and unilateral actions, thereby undermining the integrity and stability of the institution,” the statement said and expressed concern “that such actions could adversely impact the NEC’s ability to conduct by-elections scheduled within the next two months, while also creating a toxic working environment at the Commission.”

In administrative language, suspension for an indefinite period is a precursor to dismissal and being a civil servant, Madam Browne-Lansanah is unlikely to go public with her side of the story.

However, informed sources believe that a power tussle is at play, involving politicians within the corridors of power using some NEC insiders to undermine the authority of a woman described as “rugged, strong-willed, independent-minded” and praised locally and internationally for delivering a successful and one of Liberia’s most credible and transparent presidential and legislative elections in October 2023.

The NEC Chairperson reportedly clashed with some commissioners last year over administrative matters resulting in the dismissal of some employees for “gross insubordination.” There were protests at the NEC headquarters in Monrovia by some employees who were reportedly demanding hazard allowances from the 2023 elections.

Meanwhile, Madam Browne-Lansanah's suspension has sparked criticisms and concerns about the status of democracy in Liberia.

Describing the president’s action as “unconstitutional,” Liberia’s Rule of Law Legislative Caucus in a statement, said that “NEC’s independence, protected under the Constitution, is vital to safeguarding democracy” in the country.

“The Supreme Court of Liberia has ruled unequivocally that the suspension of tenured officers is tantamount to their removal. Such removals are constitutionally permissible only through the impeachment process, which involves, the National Legislature,” the Legislative Caucus said. By bypassing this process, the President has overstepped the boundaries of his authority, by contravening the separation of powers and undermining constitutional protections.”

It urged the “President to rescind (his) decision and allow constitutional processes to prevail,” adding: “The erosion of institutional independence risks plunging the country into uncharted territory and threatens the very essence of our democracy.”

Critics have also weighed in, calling for respect for the rule of law, especially in the run-up to crucial legislative elections, including a by-election to replace the late former warlord-cum- politician Prince Yormie Johnson of Nimba County.

Citing the recent leadership tussle in the House of Representatives and street protests that culminated in the devastating fire at the Capitol, the seat of Parliament in Monrovia, the critics allege an erosion of governance under Boakai's presidency.

The NEC was part of the 2003 Comprehensive Peace Agreement that ended Liberia’s14-year civil war. It replaced the 1986 Elections Commission as “an autonomous government institution, independent of any branch of government with powers to run elections in Liberia.” 

According to Chapter 2, Section 2.1 of the New Elections Law of 2014, the NEC “shall be under the direction and management of seven (7) Commissioners appointed by the President of Liberia, who shall appoint one of them as Chairman and another as Co-Chairman. All of the appointments shall be subject to the consent of the Senate.”

Section 2.10 (c) of the same law gives the chairperson “the authority to apportion the Republic into administrative areas and assign a Commissioner to each area to oversee election activities …and advise the Commission on all decisions related to the area…”

However, it has not been smooth sailing for NEC chairpersons, Madam Browne-Lansanah being the fifth. In 2011, one of her predecessors, James Fromayan was forced to step down after being accused of bias by then-opposition leader George Weah.

The same George Weah, as President, appointed Madam Browne-Lansanah as NEC Chair in April 2020 and lost his re-election bid in the 2023 elections conducted by her.

A veteran broadcast journalist with a master’s degree in public administration and bachelor’s degrees in political science and public administration, Madam Browne-Lansanah also boasts some career experience working in the UN system before joining NEC 10 years ago as a commissioner.

She served as Co-Chair and Acting Chairperson before assuming the substantive position of Chairperson in 2020, pledging to “strengthen NEC’s core values of independence, integrity, professionalism and consistency.”

It is obvious that some politicians might have found Madam Browne-Lansanah, who was voted “Our African Hero” by Senegal-based Democracy Radio in 2024, non-compliant, in the desperate pursuit of their ambitions.

At a time when the region is grappling with the resurgence of military incursions in politics, badly run elections and three member States on the verge of quitting the 15-nation Economic Community of West African States (ECOWAS), Liberia, Senegal and lately Ghana, had held up hope for the survival of democracy.

But adding to the growing list of occupational hazards for election umpires and their leadership is the fate of Madam Charlotte Osei, the Chairperson of Ghana’s Electoral Commission, who was replaced in 2018 under similar political but unrelated circumstances as Madam Browne-Lansanah.

In 2020, Guinea’s Electoral Commission Chair Mamadou Salif Kébé died from COVID-19 complications while conducting a referendum and elections forced on the country by President Alpha Conde, who was later deposed by the military in 2021.

Electoral umpires and their officials are expected to be above board, even though they reflect the reality of the country where they operate. They are easy targets and endure tremendous but largely unreported political pressures, including threats to their lives and the lives of their family members, from the powers that be and/or politically exposed individuals.

In a rare interview published in November 2017, Alieu Momarr Njie, Chairman of the Gambia’s Independent Electoral Commission (IEC) narrated how the Commissioners resisted pressure to change the results of the 1 December 2016 presidential election, at the risk of their lives.

Then-President Yayha Jammeh, after initially conceding defeat later changed his mind to claim victory at all costs. Njie narrated how foreign embassies came to his rescue before he fled to neighbouring Senegal until Jammeh was forced into exile in Equatorial Guinea through ECOWAS-led international intervention.

While electrical umpires/their officials are often blamed for rigged or flawed elections, politicians claim the credit for successful elections but refuse to take any responsibility when things go wrong, even though they are usually the architects of fraudulent elections.

Another striking example is the case of the late Prof Humphrey Nwosu, former Chair of Nigeria’s National Electoral Commission (NEC), who supervised the 1993 presidential election acclaimed as the freest and fairest in the country.

Up till his death last October, at age 83, the professor of political science was not considered for even the least national award.

Meanwhile, June 12, 1993, the date of the celebrated elections is observed as Democracy Day (a Public Holiday in 2024), and Chief MKO Abiola, the presumed winner of the presidential poll has been bestowed with the highest National Honour of the Grand Commander of the Federal Republic (GCFR), posthumously.

Politicians should desist from politicising public institutions such as the electoral commission; making them scapegoats or dragging them into disrepute because of their inundate ambition.

Madam Browne-Lansanah, may not be a saint, but she has brought honour to Liberia.

President Boakai owes himself, Liberia, ECOWAS and the international community that contributed to the country’s stability, a duty to exercise his hard-won mandate in line with the constitution instead of sacrificing merit and professionalism on the altar of political expediency.

**Ejime is a Global Affairs Analyst and Consultant on Peace & Security, and Governance Communications



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