Brohism and the Vote of No Confidence

Brohism, The Senate's “No Confidence” Vote & Beyond ...What Is The Option Left? By: Bill K. Jarkloh

Madam Mary Broh in one of her moods

A lady pumping tyre on orders of Mary Broh

Bill K. Jarkloh: Advisory position is better for Madam Broh i. Introduction The Administrative leave is not sufficient if Mary Tarnyonnoh Broh is the one who will make this government to bear tinted records of human rights violation and other forms of arbitrariness; her wings must be clipped now from of all executive functions. Instead, she should rather be appointed in advisory positions if she is indispensable in the Executive Branch, especially in the wake of people’s expressed will as delivered through the Senate's “Vote of No Confidence” pronounced against her as Acting City Mayor. Better appointments for the power drunk are rather advisory preferment. I speak from the background of recent legislative pronouncement resulting from Madam Broh's public assault reportedly meted against a Maryland County senatorial staff from the office of Senator John Ballout, Madam Nancy Gaye. There have also been numerous public outcries against Broh's public torture and other arbitrary acts reportedly meted against other members of the public. These alleged excesses, of course, have formed the basis for media agenda issues nowadays and are counted against the Ellen Johnson Sirleaf Administration. Such media discussions focus on the manner in which Madam Broh discharges her functions as acting Monrovia City Mayor. Reports have it that the mayor' s war of enforcing zoning laws and city ordinances is not to apply dictates of law, but she instead publicly torture individuals, arbitrarily demolishes individuals' residences and heartless market structures that provide jobs for the jobless residents. Consequently, media agenda issues bordering on Mary Broh's excesses have indeed generated tension between the Executive Branch and the Legislature in the wake of the alleged assault of the Senate staff by Madam Broh, especially since the Senate passed the Vote of No Confidence against the City Mayor. Although some cronies are scribbling in the local journals good impression of right in favor of Madam Broh in her general mode of operations at the leadership of the Monrovia City Government, there are indications that she is above reproach. Reports are clear that the police had failed to address Madam Nancy Gaye's assault complaint against the Monrovia City boss on account of claim that “the police do not have jurisdiction over the Acting Monrovia Mayor.” The Liberian Penal Code and rudimentary criminal justice operations provides criminal cases start with the police; the police draws up a charge sheet that forms the basis for prosecution in criminal courts. That means if the police reneged on its duty by professing to have no jurisdiction over an acting city mayor who is immune from arrest and prosecution, then it signals not only that justice has recognized status, but it also reads that there is no justice for the weak, the poor and the under privileged contrary to provisions in Article 11 (a), (b) and (c) of the 1986 Constitution of Liberia. In this situation, Madam Gaye became desperate for protection as a pregnant woman assaulted by armed police on orders of Madam Broh. So one would ask: Why was she ordered assaulted? Because she reportedly said she was not afraid of Mary Broh. Does that warrant any reason for the public assault of this peaceful citizen? NO! And so the option left was to seek the protection of her employer, the Liberian Senate, since the police denied her hearing. Accordingly, the Senate summoned Madam Broh to explain why she ordered Nancy Gaye slapped publicly by officers of the Emergency Response Unit of the Liberia National Police. Other related excesses could be discussed if Mary Broh had heeded the Senate's call. So failure by the acting mayor to honor the Senate's summon was considered a “contempt” and therefore derived the a “Vote of No Confidence”, which accordingly generated much criticisms and/or appraisals. II The Genesis of Brohism Brohism was given birth to Liberia at the Ministry of Foreign Affairs. There Mary Broh was first appointed Director of Passports. There she first exhibited her strange autocratic bureaucracy when gossip went wide in street corners of how she was governing the Passport Division with fear – physically handling her workers and submitting them to threats of suspension and dismissals. I have an experience of her Foreign Ministry bureaucracy. I was surprised that a Passport Division employee worker could not process my passport out of such fear. I was then an Executive Officer for Information at the Embassy of Ghana at a time. I was expected to make a trip to Senegal. It took myself to contact Madam Broh before she personally renewed my passport. The only explanation I obtained from that subordinate staff was she was afraid to enter Madam Broh's office due to her nature of unpredictability. When her desperation for and misapplication of power were being exposed as evident by public disenchantment at the time, Madam Broh was quickly transferred to the National Port Authority where she went in battle with the Dock Workers' Union. In a bid to remove her apparently out of discontentment and the chaotic atmosphere that attended operations at the Freeport, Madam Broh was eventually nominated Mayor for Monrovia City but was denied confirmation at the Senate of the 52nd Legislature. The appointment procedures laid down Article 54 of the Constitution that requires Senate approval of executive appointees was circumvented by the power-that-be that appointed he Acting Mayor for Monrovia since the last six years and more that she has acted in the position with a barrage of excesses and public disenchantment that have, in a melancholic way, enjoyed the spirit of impunity. III The issues The issues that are being discussed here therefore are: (1) Whether or not it is prudent for Madam Broh to operate arbitrarily without check; (2) whether or not the Senate has the right or authority to summon the Acting Mayor for the public assault of Madam Gaye, using its oversight responsibility; in other words, whether or not the public assault against Madam Gaye by Acting Major Broh impeded or obstructed Senate function; and (3) whether or not Madam Gaye should have gone to court in spite of the police refusal to hear her complaint. For issue number one - whether or not it is prudent for Madam Broh to operate arbitrarily without check, I say NO! Madam Broh has no iota of right or in other words no degree of prudence is available to her humanly, legally, legitimately or morally to act arbitrarily against any degree of violation of the laws controlling, including City Ordinances or zoning laws. To the effect of the the arbitrariness with which Madam Broh operates as Acting City Mayor, she has consistently violated the Article 11 (c) of the Liberian Constitution which provides that “All persons are equal before the law and are therefore entitled to the equal protection of the law. The Office of the Mayor of the City of Monrovia is created by law – an Act of Legislature – creating the City which in essence is a law. This law creating Monrovia as a city should protect every resident within Monrovia. Hence, the failure by Madam Broh to take advantage of the court in executing issues that border on violation of the laws whether - zoning laws or city ordinances – constitute abuse of the basic rights and fundamental liberties of people affected in as much as there are no determinations of liabilities by the proper forum, the court. If there were violations of ordinances governing the City by some residents, the police (or City Police) should apply appropriate conduct applicable to the criminal justice system to accord suspects due process where the Court is responsible to determine guilt or vindication/acquittal. Any other conduct or action outside the appropriate due process of law within which Madam Broh conducts the affairs of the City is violative of several counts of the Constitution, including Articles 12, 13, 14 and some provisions of Article 15 bordering on Free Speech. I heard she slapped the Senate staff because the lady said she was not afraid of her, Acting Mayor Broh, although this not been established officially due to the acting mayor's failure to face the Senate. Article 12 of the Constitution provides for prohibition against holding anyone in slavery or forced labor within the Republic of Liberia except as required in consequence of Court Sentence amongst others, contrary to the arbitrary tyre pumping, frog jumping and public flogging amongst other enslaving treatments meted against the ordinary people by Acting Mayor Madam Broh and cronies at the Monrovia City Corporation. Article 13 (a) grants freedom of movement to every person lawfully residing in the Republic of Liberia to go to or reside in any part of thereof including anywhere in Monrovia where Mary Broh's presence should drive away people not working with her from parts of the city, while Article 14 provides for entitlement to freedom of thought, conscience and religion whereby no person shall be hindered in the enjoyment of these freedoms except by law (emphasis is mine) to protect public safety, order, health, or morals or the fundamental rights and freedom thereof, whereby people are forbidden to speak from their conscience because of Mary Broh's presence. Obviously, Madam Broh is not the law; she is just entrusted with offices which authorizes her to punish people in keeping with provisions of Law. Otherwise she would be violating the fundamental freedoms of people residing in the City in contravention of provisions in the Constitution. This is why the madam's opening of street allays, demolitions of structures, punishing of people for any form of violation of zoning laws or city ordinances should be a result of court rulings or warrants. On the second issue - whether or not the Senate has right or authority to summon the Acting Mayor for the public assault of Madam Nancy Gaye, I say YES! Yes because the Senate constitutes representation of the masses of the people, including the people resident in Monrovia, which Madam Broh heads as Acting Mayor. In the Senate, are two Senators representing Montserrado (the place of residence of Madam Gaye); another two Senators there are representing Maryland County, the place of nativity of the reported victim of assault. Counting on the fact that a number of complaints and public outcries replete leading Liberian journals, newspapers, radio stations, televisions stations and even the Legislature and other human rights institutions, it takes the the National legislature to stand up for the vulnerable, indigent, powerless and disadvantaged masses of the people who are often molested or humiliated by Madam Broh, who nowadays prefers to be called “General Broh” or “Mary Break It”. Do you imagine that Mary Broh, without any court warrant or ruling, has reportedly ordered the public torture, molestation and humiliation of individuals publicly? Isn't it recorded that the Mary Broh-led Monrovia City Corporation arbitrarily demolished residences of individuals without court backings? Well, this is why the Legislature is right, as a mater of exercising its oversight responsibility,to review the modus operandi of her office. It could not have been for Nancy Gaye, but it could have been that the incidence of Nancy Gaye, a Senate Staff, re-enforces reason for the review of Mary Broh's public conduct. So, the mere fact that Madam Broh cannot determine how impeding slapping the legislative staff is to the overall function of the Senate is at the time is sufficient reason why she should have attended the Senate summon. Mary Broh is not the first official summoned at the Legislature. The Legislature from time to time reviews the activities and performances of government functionaries of whom the acting mayor is no exception. By her appearance she would have the opportunity to explain to the people basis for the controversy attending her stewardship at the MCC, the limitation and delimitation of the scope of her functions, her progress and her failures as well as successes and setbacks. Such is consistent with the spirit of coordination amongst the branches of government as provided for in the Constitution. Under Article 1 of the Constitution, it is provided that “...In order to ensure democratic government which responds to the wishes of the governed (in this case the residents of Monrovia), the people shall have the right at such period, and in such manner as provided for under this Constitution to caused their public servants to leave office and to fill vacancies by regular elections and appointments.” There is nothing I seek to gain by saying that the complaints – as numerous as they are in the media and in other relevant offices speak to the desire of the people to caused the acting mayor to leave office and to fill vacancy by regular appointment. Against this backdrop, it wouldn't be easy to get to every Monrovia on this, it take the Legislature where the peoples are represented to inquire and decide in response to the wishes of the people of Monrovia. However, her failure to appear might have impeded legislative functions at the Senate. Where the Legislature's function is obstructed, impeded or otherwise embarrassed, the use of the contempt powers looms. Accordingly, Article 44 provides that “Contempt of the Legislature shall consist of Actions which obstruct or impede members or officers (i.e in the case of Madam Gaye) of the Legislature in the discharge of their legislative duties and may be punished by the House concerned by reasonable sanction consistent with due process of law....” By operation of this Constitutional Article, one does not have to be a lawyer to reason that slapping Madam Gaye, an officer of the Senate working with Maryland County Senator John Ballout could also be contemptible for which they want to use it to ensure that they at the Senate ensure that the wishes of Monrovians are responded to. But she failed to appear claiming to be sick when she was seen at work on that very day. As reports have it, the Sergeant at Arms was dispatched to the office of Madam Broh to remind her that the Honorable House of Senate was convened awaiting her appearance, but she did not heed the call, which made it clear that she is defiant and challenging the will and powers of the people she serves as acting mayor. Such gross disobedience in fact deserves stronger action that would compel her from office. On the last issue -Whether or not Madam Gaye should have gone to court in spite of the police refusal to hear her complaint against Mary Broh, I say NO! She should not go to court without a police charge sheet. No because criminal cases start with the police, and assault - simple or aggravated, starts with the police. The fact that police refused to give her redress as claimed by the office of Senator Ballout warrants sufficient reason why she should be covered by her employer as a Senatorial staff. Some one on one of the dailies scribbled that Madam Gaye is not a Senate officer because she is not a Senator neither is she on any Senate committee. But the word officer, in a clear and elementary sense, is one who works in an office. So you see, those arguing that the Senate usurps judicial function are in error. IV: Account of Excesses But what provokes all of these? The straight-forward answer is: REPORTS OF TOO MUCH OF IMPUNITY IN THE CITY CORPORATION. Already, at least twelve (12) persons have complained Madam Broh for dehumanizing or humiliating them. They have complained of abusing their individual human rights, according to documents in my possession. The individuals complained to the Offices of the President on March 20, 2012; the Speaker of the House of Representatives on the same March 20, 2012; and the Independent National Commission of Human Rights on March 29, 2012. The INCHR has confirmed receiving complaints from the 12 persons. An eight-month old pregnant woman is one, a businessman is another, few journalists are included, a staffer of a local NGO and several students among others are amongst those alleging that they were assaulted or publicly humiliated by Madam Broh at different times and locations. Before one thinks of a makeup story,I believe I should heed the temptation of mentioning names some of Madam Broh's reported victims. They include Martha Toe - the eight-month pregnant woman. She was allegedly slapped on 14th street, Sinkor on 10th of feb.2012. Zarwolo Dolo was allegedly made to pump tyre. He claimed to have been subjected to a frog jump torture on 20th Street Sinkor, placed under arbitrary detention and subsequently released on Jan 20, 2012 after a day in detention without charge. Patrick Jallah, a commercial driver whose car windshield was allegedly smashed on 12th street, sinkor , March 7, 2012 on orders of Madam Broh and Princess Dior and Watta Daniels, students of AME Zion University who were allegedly made to sit on the ground, pump tyre with a lick of 25 lashes given them on the orders of Madam Broh on Jan 8, 2012 have all complained Madam Broh. John Paye, a business man who was allegedly flogged on the orders of Madam Broh, on 20th street, Sinkor on Nov. 8, 2011 also is part of the cue of reported victims. Others are Alphonso Mulbah - a handicapped, allegedly flogged upon Madam Broh’s order at the 22nd Street, Sinkor area on March 9, 2012; Nyanquoi Ballah, a petty trader allegedly flogged upon Madam Broh’s order on the Waterside on December 21, 2011; Janet Kollie and Nana Forkpa, high school students allegedly flogged upon Madam Broh’s orders on 8th January, 2012 at the Sonewein Community; Francis Nyan and Charles Yates, journalists of International media Institution and The Inquirer newspaper respectively - allegedly flogged on Madam Broh’s order on March 24, 2012. and Austine P. Gonleh, Administrative Assistant to CUPPADL Executive Director who allegedly flogged on Friday, March 9, 2012 at 20th Street, Sinkor, by 5 ERU Officers, City Police Officers and other workers of the MCC on the order of Madam Broh. According to a Journalists for Human Rights inquiries, all the above listed persons lamented that this act by the acting city mayor meted out against them had inflicted injuries upon them, caused them loss of personal effects and disgrace to their personal dignities and abuse of their human rights. They are therefore calling for redress from the appropriate authorities, and protection of their rights to security and dignity in every way of their lives and those of other citizens. V: Conclusion In view of the aforesaid, the regime of brohism will not come to an end unless the representations of the people in the National Legislature use their offices to compel the removal of Madam Broh from office. If President Sirleaf want to retain “General Broh in public service, it will be better she is preferred in an advisory position where she will not be clothed with executive powers that she would be tempted to misuse. That is to say that she wouldn't have access to executive powers that would give her room for arbitrary actions. For fact, the abuse of public office would have been be elusive of Mary Broh in an advisory position. This will not in fact continue to expose the government to a situation that is not different from the last two successive regimes of Presidents Samuel Doe and Charles Taylor respectively. They had agents who committed offenses heinously against the fundamental freedoms and civil liberties of the masses of people. In the case of Samuel Doe, Harrison Pennoh, Tailay and other cronies were there above reproach. It was the time Madam Sirleaf was on our side to combat what she, herself referred to as societal illness that drove several of them into exile. Everyone knows the rest of the story that get us where we are. In the case of Charles Taylor, the likes of Joe Tate and Chuckie were the cronies that subjected to dread or say fear. What happens was revolt that provoke international intervention. Now that we have a President who whose regime is internationally acclaimed, efforts at curbing the resurfacing of the past should be primary to authorities. Since “General” Broh, who seems be above reproach is in the way of making progress in this direction, the President should be humbled to electorates by removing Madam Broh from the office in the wake of this Vote of No Confidence. This will be within the spirit of Article 1 of the Liberian Constitution I am not saying Broh should go out of government completely, I am instead saying the indispensability that puts her above reproach could be curbed when she serves in an advisory position, so as to safe a situation where the President will be seen challenging the popular will of the people as expressed through the Senate, their representation. ABOUT THE AUTHOR: Bill K. Jarkloh is a graduate of the University of Liberia with a Bachelor of Arts in Mass Communication and Sociology. He is canvasing for a Masters Degree in Conflict Resolution. We works with the Liberian Media since 1985 in various capacities from cub reporter to editor with major Liberian newspapers including but not limited to The INQUIRER, The NEWS, The ANALYST, NEW VISION and the SARAFINA VENTURES & COMMUNICATIONS INC. He was a recipient of the annual Best Feature Writer Award of the Press Union of Liberia for 2001, 2002 and 2003. Bill served the Embassy of Ghana as Executive Officer for Information for five consecutive years and is presently a trainer and Media Officer at the Liberia Media Center. He can be contacted at bill_ksolborjarkloh@yahoo.com.