LEGAL QUESTION ANSWERED: The discussion over which people of goodwill may disagree, presented an important legal question for which we had to seek legal redress: whether the 1986 Constitution of the Republic of Liberia permits the Government to us //

Atty. Jalloh, a Liberian-born with American citizenship was denied travel documents by the Liberian embassy in Washington, DC after being told he needed a non-immigrant Liberian visa before he could be permitted to enter Liberia.

Atty. Jalloh took his fight to the high court, arguing that Sections 22.2 of the Alien and Nationality Law which were enacted before the adoption of the 1986 constitution, purports to automatically-deprived Liberian citizens of their citizenship rights if they do certain things such as vote in the elections of a foreign country or join the military of another country. Teage contended that these laws were repealed b Article 95(a) of the 1986 constitution as being inconsistent with the due process clause of Article 20(a). //

The high court ruling was an emphatic statement and major victory for Teage. So, what does it all mean?

In the landmark ruling, the Court opined that Section 22.2 of the Aliens and Nationality Law is in direct conflict with the requirements of Article 20(a) of the Liberian Constitution (1986), which provides in part: ‘No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with due process of law…”

The Judges further opined Section 22.2 of the Aliens and Nationality Law provides: “Loss of citizenship under Section 22.1 of this title shall result solely from the performance by a citizen of acts or fulfillment of the conditions specified in such section, and without the institution by the Government of any proceeding to nullify or cancel such citizenship.
They further noted that the Section 22.2 of the Aliens and Nationality Law which was enacted long before the coming into force the 1986 Constitution and being in conflict with Article 20(a) of the 1986 Constitution which was deemed repealed within the contemplation of Article 95(a) of the Constitution as at the time the Constitution came into effect in 1986.

“Wherefore and in view of the foregoing, the petition is hereby granted. Section 22.2 of the Aliens and Nationality Law, to the extent that it provides for loss of citizenship solely on account of the performance by a citizenship of acts or fulfillment of the conditions specified in Section 22.1 without the institution by the Government of any proceedings to nullify or cancel citizenship in violation of the due process clause under Article 209(a) of the 1986 Constitution, is hereby null and void without any force and effect of law,” the Judges ruled. //

It does not amount to automatic removal of dual citizenship restrictions. Supporters of dual citizenship need to mobilize and campaign for Proposition 1 in the forthcoming constitutional referendum. Only a constitutional provision can settle the question of dual citizenship and restore the rights of people of Liberian descent who are today citizens of other countries. This ruling, in my view only means that for the government to deny anyone Liberian descent their claimed Liberian citizenship, the decision must follow a due process that proves indeed that the claimant is a citizen of another country.” //

This means if one is accused of having subscribed to another citizenship, you must be taken before a judge and proof of the second citizenship established before you can lose your Liberian citizenship. In the absence of an amendment, this was the best we could get. The constitutional provision prohibiting dual citizenship is still in force. What the amendment seeks to do is to abolish it completely; except that dual citizens won’t be eligible for certain positions in government.”

Cllr. Frank Musah Dean, Current Minister of Justice and one of the lawyers who argued the case before the Supreme Court