DENY MASSELLY’S PETITION
….Edward Carter Reacts to Masseley's petition.

Civility dictates that I must congratulate Abraham Massaley for his bold and patriotic stance to exercise his constitutional rights by petitioning the Supreme Court to issue a Writ of Prohibition against the Election Commission to restrain the implementation of the Threshold Resolution relative to reapportioning and restricting Electoral Constituencies in Liberia.

The method employed by Massaley, no doubt attest to the evolving democratic culture in Liberia. Such an effort is worthy of emulation.

However, the reasons alluded to by Mr. Massaley and company as justification to warrant the prohibition raises more questions than answers. For instance, petitioner Massaley et al, argue that the Threshold Resolution contravenes Article 80 (d) and (e) of the constitution which requires that the Election Commission reapportion and redistrict constituencies only when a national population census is done.

Contradictorily, the petitioners makes reference to the population threshold of few electoral districts relative to the 1988 Census to indicate the disparities in the legislative representation should the current resolution takes effect. But in the same token, suggesting that the data from the 1988 census should be used as a yardstick to reapportion these legislative seats.

Interestingly, the petitioners failed to realize that data from the 1988 census is obsolete and does not reflect the current population of these districts. As a result of the 14 years civil upheaval there was a dynamic shift in the movement of the population from rural to urban…which make it difficult, if not downright impossible to determine the exact population of these localities.

As I further delve into the petitioners’ argument, it becomes apparent that it is solely based on a cut-and-dried legal technicality with a strong penchant for political grandstanding. The petitioners ignores the "superseding and unavoidable circumstances "… borrowing a legal phase from the Association of Liberians Lawyers in the Americas (ALLA) whose professional position on this matter is fraught with unnecessary legal jargons and trivialities.

From a layman perspectives, the "extenuating" or "intervening" circumstances occasioned by the 14 -year fratricidal civil war, no doubt, makes it prudent for such an "enabling legislation" at this time, despite, its extra- Constitutional arrangements.

Retrospectively, during the 2005 General elections, the shape of certain electoral districts were altered to meet the population threshold, as provided for by the constitution. For example, Careysburg District, Constituency # 2 in Montserrado County, was extended to include ELWA, Oldest Congo Town, Soul Clinic and its immediate environs making Careysburg the largest Electoral District in Liberia.

Therefore, the Threshold Bill is a "reasonable accommodation legislation" aimed at addressing the problem of under representation, thus the latent fear of these petitioners is adequately addressed in this resolution.

For me the only time this resolution could be questioned, if there was an intent on the part of the ruling Unity Party to "gerrymander,"…that is to maximize its electoral strength. However, there is no indication that this is the case; even the Petitioners made no allusion to it.

In light of these prevailing situations mentioned, I herby disassociate myself from this petition on grounds that it has no merit….and for all intents and purposes intended for political grandstanding. I therefore, pray the Honorable Supreme Court to deny their petition.

ABOUT THE AUTHOR: Edward William Carter, Jr. is the former Mayor of Bensonville (Bentol) and Former Asst Minister of InternalAffairs for Urban Affairs. He worked for the Ministry of Information in a Senior Editorial capacity. He can be reached at ewcart_1910@yahoo.com or 651-285-0548