MONROVIA – The debate over Liberia’s controversial 2% electoral threshold law has taken on fresh political significance as opposition figures position themselves for the 2029 presidential race. Amid growing speculation that the law could be used to disqualify some political parties and candidates, the Alternative National Congress (ANC) has mounted a forceful legal defense, insisting that neither the party nor its political leader, Alexander Cummings, falls within the scope of the legislation. The Analyst Reports,
The Alternative National Congress (ANC) has strongly dismissed claims that it could be barred from participating in Liberia’s 2029 elections under the country’s controversial 2% electoral threshold law, describing such assertions as legally flawed and politically motivated.
In a detailed legal analysis, ANC Vice Chairperson for Legal Affairs, Cllr. Moriah Yeakula, argued that while the National Elections Commission (NEC) possesses the authority to enforce the law, the legislation simply does not apply to the ANC, the former Collaborating Political Parties (CPP), or ANC Political Leader Alexander B. Cummings.
“The law is the law,” Yeakula declared, emphasizing that the NEC is legally bound to enforce existing electoral statutes until they are amended by the Legislature or struck down by the Supreme Court.
His comments come amid increasing political discourse surrounding Section 5A.1 of the 2014 amendment to Liberia’s Elections Law, which provides for the suspension of political parties that fail to secure elected candidates and obtain less than two percent of the total valid votes cast in constituencies where they contested.
According to Yeakula, critics and political opponents have misinterpreted the law by focusing solely on the two-percent threshold while ignoring its broader requirements.
He pointed out that the law establishes two conditions that must be satisfied simultaneously before sanctions can be imposed: a party must have failed to elect any candidate, and it must have received less than two percent of the valid votes cast in the constituencies where it participated.
“Both conditions must be met,” Yeakula stressed, arguing that meeting only one of the requirements is insufficient to trigger penalties under the statute.
The ANC legal executive further maintained that the party itself cannot be subjected to the law because it did not contest the 2023 elections under its own banner. Instead, candidates affiliated with the ANC participated as members of the CPP coalition.
Addressing arguments that ANC’s participation in the CPP could still expose it to sanctions, Yeakula asserted that even the CPP would not have fallen within the law’s prohibitions.
He noted that despite obtaining less than two percent of the aggregate vote, the CPP succeeded in electing six legislative candidates during the 2023 elections, thereby failing the first condition necessary for the law’s application.
The elected lawmakers, he said, came from Grand Bassa District 5, Grand Kru District 1, Maryland District 2, Montserrado District 1, Nimba District 2 and Nimba District 7.
Beyond that, Yeakula argued that the CPP enjoyed an additional layer of legal protection under the law itself.
He cited a separate provision exempting political parties that, at the time of an election, already had members serving as President or in the Legislature. According to him, the CPP had several senators actively serving during the 2023 electoral period, making the coalition ineligible for sanctions under the statute.
Among those lawmakers, he named Senate Pro Tempore Nyonblee Karnga-Lawrence of Grand Bassa County, Prince Moye of Bong County, Simeon Boimah Taylor of Grand Cape Mount County, Abraham Darius Dillon of Montserrado County and Jonathan Boy Charles Sogbie of River Gee County, all of whom were associated with the CPP during the election cycle.
Yeakula further argued that the dissolution of the CPP in 2024 does not alter the legal reality because the coalition’s status at the time of the 2023 elections is what determines whether the law applies.
He also rejected suggestions that Alexander Cummings could personally be affected by the provision.
According to Yeakula, the Elections Law specifically targets independent candidates under certain circumstances, but Cummings was not an independent candidate during the 2023 presidential election. Instead, he contested on the CPP ticket.
The ANC legal official therefore concluded that ongoing claims about barring either the party or Cummings from contesting the 2029 elections amount to political propaganda rather than a credible legal argument.
He maintained that a plain reading of the law demonstrates that neither the ANC, the CPP nor Cummings satisfies the statutory requirements for suspension or disqualification.
The remarks are expected to further intensify political and legal debate over the interpretation of Liberia’s electoral laws as political parties begin positioning themselves for the next presidential and legislative elections.
With the 2029 race already emerging as a focal point of opposition politics, Yeakula’s intervention signals that the ANC is preparing to challenge what it views as attempts to use legal interpretations as political weapons against potential contenders.