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Cowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional Duty

Writer's picture: Michael TMichael T


LNBA Induction ceremony
LNBA Induction Ceremony


The Liberian National Bar Association (LNBA) has displayed a shocking level of cowardice and complicity in the face of President Joseph Boakai's systematic dismantling of democratic norms and constitutional principles. Despite its mandate to uphold the rule of law, the LNBA has remained conspicuously silent on numerous constitutional violations, betraying its core mission and the Liberian people.


One of the most egregious examples of the LNBA's failure is its refusal to condemn Boakai's unconstitutional suspensions of tenured officials. The president's removal of Central Bank Governor Aloysius Tarlue and National Elections Commission Chairperson Davidetta Brown-Lansanah violates Article 20(a) of Liberia's Constitution, which guarantees due process[1]. Despite calls from respected figures like Judge Joe Barkon for the Bar to "constructively engage" the administration over these abuses, the LNBA's leadership has chosen to remain silent[1].


The Boakai administration's repeated violations of the separation of powers have gone unchallenged by the LNBA. Most notably, the president endorsed a rogue legislative faction to illegally oust Speaker J. Fonati Koffa, an act condemned by the House of Representatives as "ultra vires" and a threat to constitutional democracy. Even when the Supreme Court issued a stay order halting Koffa's removal, Boakai's allies pressed forward, demonstrating a blatant disregard for judicial authority.


The weaponization of security forces against opposition figures has been another hallmark of Boakai's rule. The Liberia National Police (LNP) and National Security Agency (NSA) have been accused of violent raids on opposition headquarters, arbitrary detentions, and other forms of state-sponsored violence and intimidation. Human rights groups have documented these abuses, yet the LNBA remains silent, effectively legitimizing this repression.


Perhaps the most glaring example of the LNBA's hypocrisy is its decision to invite President Boakai as the keynote speaker for its induction ceremony, despite his administration's well-documented abuses[1]. This act not only whitewashes Boakai's crimes but also sends a dangerous message that the Bar Association is willing to overlook constitutional violations for political expediency.


The erosion of judicial independence under Boakai has been stark, with Supreme Court justices boycotting his State of the Nation Address over constitutional concerns. The LNBA's failure to defend judicial autonomy in this instance stands in sharp contrast to previous administrations, which took decisive action against ethical breaches within the legal community[1].


Boakai's economic mismanagement and corruption have also gone unchallenged by the LNBA. The 2025 budget has been criticized for prioritizing "off-budget expenditures" and unaccounted funds over public welfare, with over $15 million in misallocated funds and millions more in questionable expenses. The Bar's silence on these issues normalizes kleptocracy and undermines public trust in legal institutions.


Constitutional violations in appointments have become a hallmark of Boakai's presidency. Senator Thomas Nimley has condemned the president's practice of making indefinite "acting" appointments to tenure positions, a direct violation of Article 56(b) of the Constitution. This tactic, designed to bypass Senate confirmation, entrenches patronage networks and weakens governance structures.


The international community has taken notice of Liberia's democratic backsliding under Boakai. The U.S.-based Panoramic Justice Group has urged Congress to investigate human rights violations in Liberia, citing torture, illegal detentions, and executive overreach. The LNBA's silence on these issues risks damaging Liberia's reputation as a democratic model in the region.


The depth of the constitutional crisis is evident in the widespread boycotts of Boakai's leadership. Over 30 lawmakers and the entire Supreme Court bench refused to attend his State of the Nation Address, an unprecedented show of dissent. Opposition leaders have accused Boakai of "teaching Liberians that the law is whatever the President says," a damning indictment of his approach to governance.


Public trust in government institutions has plummeted under Boakai's "ARREST Agenda," with citizens reporting worsening poverty, inflation, and infrastructure decay. The LNBA's failure to address these issues and hold the government accountable has further eroded faith in legal institutions and the rule of law.


As Liberia stands at a crossroads, the LNBA's betrayal of its mandate—coupled with Boakai's authoritarian tendencies—threatens to undo years of democratic progress. The Rule of Law Caucus and civil society groups have called for transparency, accountability, and adherence to constitutional principles. Until the LNBA reclaims its independence and fulfills its duty to uphold the rule of law, Liberia's democracy remains in peril, risking a return to the nation's tragic history of conflict and lawlessness.




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References



[6] https://smartnewsliberia.com/boakais-executive-overreach-draws-criticism-from-speakers-office/Cowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional Duty

[10] https://inquirernewspaper.com/sen-nimley-lambast-boakai-over-constitutional-violations/Cowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional Duty

[18] https://fra.europa.eu/en/eu-charter/article/48-presumption-innocence-and-right-defence.Cowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional Duty

[19] https://frontpageafricaonline.com/news/liberians-express-mixed-reactions-to-president-boakais-first-year-in-office/Cowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional DutyCowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional DutyCowardly Silence: LNBA's Betrayal of Legal Ethics and Constitutional Duty

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