Gov’t Tumbles on Constitution!

>…Recognizes Error; Reverses Gag Order The Government of Liberia has apparently tumbled over its Constitution providing for freedom of information and of the Press in wake of reversal of its restriction on coverage of secret recordings the by the media.

The reversal of the order issued by the government followed massive criticisms from media and legal pundits and other civil society organizations including the Press Union of Liberia, a prominent human rights lawyer, Frederick Jayweh, and others descended against order. Frederick Jayweh, Speaking to the a local radio station from the United States, said the court was in error and as such the Liberian media was not under obligation to obey since the precept containing the order did not name any institution. Under CHAPTER III of the 1986 Constitution titled FUNDAMENTAL RIGHTS, Article 15 (a) (b) and (c) provides for “…the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution.” In Section (b), the Constitution states that “The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent, while Section (C) provides that “In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries.” The Liberian human rights lawyer said the court was not to issue such order especially knowing that the constitution has granted the freedom to the people to be informed all of the time. He said if the government was serious, it should have sought a prohibition in the Supreme Court against the Press Union and its members from publicizing the Corkrum matter, noting that such prohibition would have been constitutionally tested. The people’s inalienable right to be informed should not be abrogated by a order of such, according to the lawyer. For his part, the Press Union’s Peter Quaqua wonders how come recordings which Justice Minister Christiana Tah said were not admissible to court would be used as a basis for such a court ruling restricting journalists from covering the recordings by Corkrum. Quaqua, like Jayweh, considered the court’s ruling ordering journalists against covering the Corkrum recordings as unconstitutional, even though he mentioned nothing about challenging the order to the Supreme Court. Notwithstanding, the Outgoing President of the Press Union of Liberia frowned on the government for manipulating the court system, calling on the government to desist from such manipulation. A Montserrado County Legislator, Associate professor Richmond Anderson also criticized the government for such restriction. Mr. Anderson who is the House Committee Chairman on Information and Broadcasting also said the gag order was “unconstitutional.” According to him, it was unconstitutional because it was unnecessarily enjoin the media against the right of the people to know what happens to some millions of dollars and the conduct of some of those they pay through their taxes. “Will the Court stop the internet? No! I think the court should know that the Liberian people needs to know what is happening around them,” he said, noting that that in keeping with Article 15 of the Constitution, journalists are responsible if they report falsehood and that the court wouldn’t say the recordings are the making of the media people themselves. He however noted that although the government is media friendly, but added that barring the media from reporting certain issues is not democratic, but relevantly means that the government is barring democracy. In defense of the Government, Deputy Information Minister Isaac Jackson says the gag order was intended to minimize discussion of the Corkrum issue. Jackson said Ellen Corkrum is a wanted person in Liberia, but added that as a result of her U. S. army connection, she may tell the United States Government not to hand her over the Liberian Government because she has already been prosecuted in the court of public opinion in Liberia. Noting that the Liberian Embassy in Washington is pursuing every diplomatic means with the American government to have Cockrum extradited, Jackson further said public discussions and opinions against the U. S. army personnel could be valid legal reason why the U. S. Government may not turn her over in the face of public discussions and opinions against her. He however noted that the U. S. Government knows that the U. S. Army should not be used to harbor someone wanted on criminal charges. Gag Order Reversal The Government of Liberia through the Ministry of Justice has filed a Bill of Information before the Criminal Court “C” for the retraction of a Gag Order issued over the weekend against journalists for the coverage of the secret tapes being released by the former head of the Liberia Airport Authority Ellen Corkrum and her fiancé Judge Melvin Johnson. The Liberian government's decision to censor the media on the matter drew ire from media executives and the general public. The criticisms over the Gag order restricting the media over coverage of the Corkrum secret recording saga came on the heels of the arrival of President Ellen Johnson Sirleaf back in the country. Reliable sources hinted that the President had expressed dissatisfaction over the issuance of such an order while at the same time calling for its revocation leaving the GOL with no alternative but to ask the court to trash the orders. Late Monday evening, President Ellen Johnson-Sirleaf made the following statement on the issue, explaining why the gag had been lifted. Earlier, the government wanting to curb the wave of secret recordings being unleashed by Ellen Corkrum and her fiancé Melvin Johnson, reportedly filed a Bill of Information at the Criminal Court C in Monrovia, preventing media institutions from playing, publishing or discussing the recordings. According to reports, the order reads: "You are further prohibited from holding any radio program including talk-shows, publication, broadcasting or disseminating by radio, press and electronic media, any interview, discussion or tapes and any other recording, made by Ellen K. Corkrum while serving as Managing Director of the LAA which directly or indirectly touches on this matter (Republic of Liberia versus Ellen K. Corkrum - Crime: Economic Sabotage, Theft of Property)". Apparently, this order would mean anyone going against the it would be in violation of the court order which is punishable under the law. Frank Sainworla, Station Manager at Radio Veritas read a text message from Deputy Minister of Information, Isaac Jackson that a writ was on the way but has not officially received a copy. A gag order, also known as a gagging order or suppression order, is an order, typically a legal order by a court or government, restricting information or comment from being made public, or in some cases, passed onto any unauthorized third party. The phrase may sometimes be used of a private order by an employer or other institution. In the case of the current controversy, Justice Ministry officials say they are hoping to prevent a potential jury pool from being tainted. Critics say a gag order restricts and limits may limit freedom of the press by instituting censorship or restricting access to information. Legal experts say gag orders may be abused as a useful tool for those of financial means to intimidate witnesses and prevent release of information, using the legal system rather than other methods of intimidation. Corkrum and her fiancé have so far played recordings of President Sirleaf, Defense Minister Samukai, Minister of State Dr. Edward McClain and LAA Board Chair Musa Bility. The recordings have spurred interests from both Liberians and the international community prompting the lower house of the national legislature to query the matter. According to a local daily, the leadership of the House of Representatives' on Wednesday announced that its attention had been drawn to unfolding developments in Monrovia, amidst the release of documents linking the Presidency and other senior officials of government to allegations of misconduct and other issues with purported economic and national security implications. "The leadership of the House of Representatives, while actively involved in a nationwide solicitation of the peoples' input on the draft Petroleum Laws, is deeply concerned about these developments. Please be assured that we are currently in the process of taking significant steps to obtain the appropriate information from broad consultations on the matter, to inform our own deliberations." In August, the Liberian government announced an indictment of Corkrum and her fiancé, accusing the pair with the crime of Economic Sabotage, Theft of Property, criminal conspiracy and misapplication of entrusted property. Corkrum was indicted along with LAA board chair, Musa Bility, Diaspora Consulting LLC thru Moamar Dieng.