A Call on the Government to Implement Article 10 of the Liberian Constitution

In Chapter II: General Principles of National Policy, the 1986 Constitution of the Republic of Liberia states in Article 10 that “the Republic shall ensure the publication and dissemination of this Constitution throughout the Republic and the teaching of its principles and provisions in all institutions of learning in Liberia”. Since its passage, the Government of the Republic of Liberia has failed to fulfil and fully implement this part of the Organic Law of the Land. Therefore, several Liberians including scholars or researchers do not seem to understand what the Constitution says or entails. Children that were born when the 1986 Constitution was formulated and ratified by the people through a referendum are now about 38 years old. Some people blame the war for this, but this writer disagrees because the war ended in 2003 with the election of Africa’s first woman Head of State and Government, Madam Ellen Johnson Sirleaf in 2005.

The Liberian Constitution has not been fully disseminated by the Government, AS I see it. Those who possess printed or online copies of this Constitution either purchased it for themselves or got it through other means. The Constitution should be made a compulsory subject or course of study by the Liberian Government. This might help to remedy the knowledge or constitutional awareness gap. H.E Joseph Nyuma Boakia, President of the Republic of Liberia indicated that “there will be no business as usual” (Boakai, 2024). This agrees that there should be no bad business as usual. One old business that should not be a usual thing is the Government’s failure to fully implement this Constitutional Article or National Policy-dissemination and teaching of the Constitution of the Republic in all institutions of learning. This Constitutional clause might be simple, but it is very essential for state building of the Nation-State and the bridge of existing knowledge gap.  

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary. It prescribes the basic rights of citizens and, in federal countries such as the United States, Nigeria and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation-states have codified constitutions, though all such states have a ‘jus commune’, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules, or norms, etc. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to impose taxes and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual or a group without sufficient cause, etc.

In most nations, such as the Liberia, United States, India, Nigeria, Singapore, etc., constitutional law is based on the text of a document ratified at the time the nation came into being. Other constitutions, notably that of the United Kingdom, rely heavily on uncodified rules, as several legislative statutes and constitutional conventions, etc. The 1847 Constitution was suspended by the Military Junta on April 12, 1980, when the Military overthrew the Government then led by former President William R. Tolbert, Jr. The Military later transformed itself into a civilian government and enacted the 1986 Constitution of the Republic.

As I SEE IT, there is a need for the Liberian National Legislature to allocate resources in the National Budget to print and disseminate the Liberian Constitution. Some Non-Governmental Organizations in Liberia could and should take an advantage of this national gap to raise funds for the education of Liberians on their Constitution. The National Legislature and the President as Head of State need to ensure that this Constitution is taught in all institutions of learning in the Republic of Liberia. This is paramount because so many literate Liberians who should be able to understand and interpret the Liberian Constitution are simply unable to do so. Some Leaders in Liberia do not also understand the Constitution. Such people are found in all branches of the Government, the academic community and anywhere else in the Country. This is a national problem and catastrophe that must be urgently addressed. At the primary and secondary school level, the Ministry of Education needs to introduce and enforce teaching of the Liberian Constitution. As part of this subject, Liberian Civics could be lumped in and taught. At higher education and technical schools’ levels, there should be a national enforcement of the compulsory teaching of the Constitution of Liberia. AS I SEE IT, the Liberian Government needs to take an Affirmation Action to ensure that Article 10 of the Liberian Constitution is fully implemented and enforced.

About the Author: Prof. Tom Kaydor, Jr. holds a PhD from the Department of Government and European Studies, the New University, Slovenia where he researched International Development and Diplomacy (with Security Aspects). His dissertation topic was ‘Reconceptualizing Africa’s Regional Integration for Peace and Sustainable Development.’ He earned a Master of Public Policy (MPP) specialized in Development Policy or Development Economics with Distinction from the Crawford School of Economics and Government (now the Crawford School of Public Policy), Australian National University, Canberra, Australia. He also obtained a Master of Arts (MA) in International Relations (Highest Distinction) and Bachelor of Arts (BA) Magna Cum Laude in Political Science from the University of Liberia where he currently serves as an Assistant Professor at the IBB Graduate School of International Studies. He also holds a Diploma in Leading Economic Growth from the Kennedy Graduate School, Harvard University, USA; and he holds other diplomas and certificates in professional fields from Italy, UK, Pakistan, China and Israel, Prof. Kaydor is equally an Adjunct Professor of Development Studies at the AME University Graduate School. Dr. Kaydor is an evidence-based researcher, a blogger, a columnist, and a published author. One can reach him via (kaydorth@ul.edu.lr or thkaydor@gmail.com).