Why the Senate’s Prolonged Inaction Has Undermined the Effectiveness of the LACC
Polished News Article
The fight against corruption in Liberia continues to face a critical institutional setback, as the Liberia Anti-Corruption Commission (LACC) remains unable to fully execute its prosecutorial mandate due to the absence of Claims Courts within the justice system. While the LACC has uncovered significant cases of corruption involving public officials and public resources, the lack of a constitutionally mandated court with jurisdiction over such matters has rendered enforcement efforts largely ineffective.
The Act establishing the LACC empowers the Commission to investigate and pursue the prosecution of corruption involving public officials. However, prosecution itself lies within the authority of the courts—not the Commission. Article 26 of the 1986 Constitution clearly states that suits brought against the Government or any person acting under its authority must originate in a Claims Court, with appeals lying directly to the Supreme Court. Despite this constitutional requirement, Claims Courts have not been fully constituted as part of Liberia’s justice system.
Although the National Legislature has successfully constituted Circuit Courts, the same cannot be said for Claims Courts. The House of Representatives passed legislation to establish Claims Courts as far back as March 26, 2013. However, the Senate has failed to concur, leaving the bill stalled for more than a decade, reportedly within its Judiciary Committee. This prolonged inaction has created a legal vacuum that continues to shield public officials from meaningful accountability.
As a result, the LACC finds itself in a paradoxical position—mandated to combat corruption, yet deprived of the judicial forum required to prosecute those implicated. Circuit Courts do not possess binding jurisdiction over persons acting under the authority of government in such cases; only Claims Courts do. Without this court in place, the Commission has no lawful venue to bring corrupt officials to trial, severely limiting its impact.
The continued absence of Claims Courts has therefore weakened Liberia’s anti-corruption framework and eroded public confidence in governance and the rule of law. Many observers argue that the Senate’s refusal to concur with the House of Representatives effectively sustains a system of impunity, raising serious concerns about institutional commitment to accountability. Until Claims Courts are fully established, the constitutional promise of justice and redress against abuses of public authority will remain unfulfilled, and the fight against corruption will continue to lack the judicial “teeth” necessary to succeed.
