How Legislative Abuses Are Eroding Public Trust -IREDD Grades 55th Legislature, Provides Recommendations

MONROVIA – As the first branch of government, Legislature is critical in any functional democracy since it has close proximity to the people whence comes the authority that constitutes democratic governance. With its roles in representation, lawmaking and oversight, the legislature and those who occupy it must at all times remain revered – must be a place and people of starling qualities. But as The Analyst reports, the 55^th National Legislature has grossly faltered; courtesy of the governance-policing Institute for Research and Democratic Development (IREDD) which in collaboration with Medica Moda Coalition has released its Legislative Performance Scorecard that finds most lawmakers if not all wanting on their fiduciary responsibilities.

The Institute for Research and Democratic Development (IREDD) in collaboration with Medica Moda Coalition has released its 2024 Legislative Performance Scorecard (LPS having thoroughly assessed performance of the 55^th Legislature that evaluated lawmakers’ adherence to issues such as abuses of legislative privileges, underrepresentation, and self-serving lawmaking that have eroded public trust and thus threatening the foundation of democracy in Liberia.

According to IREDD’s Scorecard, key findings of the Report showed dismal performance of the 103 lawmakers when it came to the issue of representation.

Dismal Representation

For the House of Senate which comprises 30 senators, IREDD found that 10 senators, including the Pro-Tempore, Hon. Nyonblee K. Lawrence, achieved the highest attendance mark (A), while 9 senators received a (B) score.

In addition, six senators including Crayton O. Duncan, James P. Biney, Zoe Emmanuel Penue, Prince Johnson, Gbehzohngar M. Findley, and Amara Konneh got “C” in attendance.

Two senators who were always absent, Bill Teah Twehway and Francis Dopoh, had the lowest score of (D), while one senator, Alex Jeneka Tyler, received an (NG) due to his assignment with ECOWAS.

“In the House of Representatives, 18 lawmakers received an (A) for higher attendance, while 20 lawmakers received an (F) for continued absence during the first and second quarters of legislative sections,” the Report noted.

Constituency Visitation

As regards to how accessible lawmakers are to the people that elected them, and whether they are putting in time to reach out to their constituents, the IREDD research showed that the “one size fits all” approach to funding constituent visitation is unfair, as it does not account for the differing needs and contexts of different regions of the country.

“For example, it is unrealistic for a District 8 Representative whose constituent is in the Capitol building to receive the same US$10,000 for visiting his constituent just as a lawmaker going to Grand Kru, Lofa, or Maryland.

“Legislators have demonstrated minimal or no effort to engage with constituents, failing to provide formal feedback or generate Legislative Agendas based on constituent input. Many legislators have reportedly used constituent visitation funds for personal expenses, such as vacations abroad, rather than to engage with constituents.

“Furthermore, legislators’ engagements with constituents are often limited to informal interactions with political allies and family members rather than a broader range of the constituents they represent.

“Our monitoring also reveals that although legislators are assigned staffers to run their constituent offices, study found no functional offices for majority or all legislators in the constituents consulted in across the country. This suggests a lack of commitment to providing accessible and effective constituent services,” IREDD noted in its Legislative Monitoring Report.

Legislative Oversight

IREDD notes in its Report that the legislature’s oversight function is weak and ineffective, allowing corruption and mismanagement of public resources entrusted to the Executive and to the legislature itself.

“Three key committees—Ways, Means, and Finance; Public Accounts; and Rules and Order—can play a crucial role in improving transparency, accountability, and the overall effectiveness of the legislature. However, monitoring reveals that the efficacy of the Joint Ways, Means, and Finance Committee and the Joint Public Accounts Committee is pivotal to enhancing the legislature’s performance.

“The current wave of weak oversight and poor development outcomes from public sector investment is largely a product of the lack of oversight by these committees. To improve development outcomes for the Liberian people, the Ways, Means, and Finance Committee and the Public Accounts Committee must adopt a more proactive and accountable approach, if the legislature is to end the historical culture of collusion with MACs for personal gains.

“Nevertheless, the Joint Public Accounts, Expenditure, and Audit Committee (PAC) leadership uncovered significant discrepancies in the FY2024 National Budget, revealing that approximately $20 million was removed without plenary approval.

“Shockingly, the Womba investigative committee, constituted by Speaker Koffa, shifted the blame for the budget alterations to a junior staff member despite overwhelming evidence implicating senior officials in the Executive and the Legislature.

“Furthermore, the report uncovered that Speaker Koffa’s signature was forged in committing the crime. However, the Speaker remains surprisingly silent on such a grave allegation against office and person,” the Report observed.

Delving further into the 55^th Legislature’s lukewarm attitude toward its oversight responsibility, the IREDD Report depicted an acute laissez faire attitude on the part of lawmakers, especially regarding the Quarterly Performance Report, noting that this lapse could be due to the legislature’s failure to enforce Section 8(a&i) of the Budget Law, which mandates that spending entities submit Quarterly Performance Reports. This anomaly, IREDD noted, has led to a lack of oversight and accountability, thus contributing to the abuse and waste of public funds.

“Our study reveals that only two ministries (Transport and Internal Affairs) have submitted Quarterly Performance Reports in the last two quarters. This indicates a systemic issue within the executive branch regarding adherence to legal requirements.

“The legislature has not taken proactive measures to ensure compliance, such as sending reminders or following up with non-compliant entities. This passive approach to oversight undermines the legislature’s commitment to monitor and hold the executive branch accountable effectively.

“Additionally, the reported culture of collusion between legislative committees led by the Ways, Means, and Finance Committees and Executive agencies may be hindering compliance and contributing to the misuse and misapplication of public funds. Such acts of collusion undermine the integrity of the budget process, nurtures underdevelopment and poses threat to the democratic process,” IREDD stated emphatically.

Aversion towards Audit

The Report also outlines the Legislature’s aversion to systemic audit as something that erodes public confidence in the 55^th Legislature. The aversion to full financial audit, IREDD noted, is entrenched especially among re-elected members and those serving on crucial committees like Ways, Means, and Finance, Rules and Order, and Public Accounts.

“Despite some positive developments in the legislature’s attitude towards audits, as evidenced by the Senate’s acceptance of a System Audit, significant challenges persist in ensuring a full commitment to comprehensive audits.

“Monitoring indicates that these individuals are likely to employ various disruptive tactics to divert attention from the core issues of transparency and accountability.

“The House of Representatives’ resistance to audits has intensified following the release of the damning results of the Senate’s System Audit, conducted by the General Audit Commission.

“Our monitoring suggests that ongoing disruptions to legislative activities are part of a broader strategy to resist audits. It is alleged that external instigators of the recent attempt to remove Speaker Koffa are influenced by key figures within the current government who previously served in the House of Representatives on influential committees. These individuals, fearing potential links to audit findings that could harm their 2029 presidential aspirations, are actively working to undermine transparency and accountability efforts,” IREDD said.

Lawmaking

According to the IREDD Report, the Liberian Legislature faces significant challenges in fulfilling its core functions due to weak infrastructure, limited capacity, and procedural deficiencies which hinder effective lawmaking, oversight, and accountability.

“Many legislators lack the knowledge, skills, and resources necessary for effective lawmaking and oversight. Additionally, the Legislature lacks basic modern equipment, such as electronic voting systems and appropriate committee hearing equipment, further limiting its effectiveness.

“The Legislature’s archives and libraries are in disarray, making it difficult for lawmakers to access important documents and conduct research due largely to declining morale, lack of internet connectivity, poor wages among other factors. The Legislature also faces challenges in maintaining and circulating the legislative journal and ensuring accurate and timely reporting of debates. These challenges contribute to lawmakers’ struggles in articulating and substantiating their positions effectively and the Legislature’s inability to transcribe and publish testimonies and results from public hearings.

“Moreover, the Liberian Legislature has demonstrated a self-serving focus, prioritizing its financial and re-election interests over the development needs of its constituents. This is evident in the form and manner in which allocation of public funds and the failure to address critical public-interest issues such as access to safe drinking water, unemployment, and revenue generation more concretely. County Service Centers, access to school materials, teachers’ pay, healthcare support programs intended to provide essential services to citizens in outlying counties, are grossly underfunded.

“Finally, the absence of permanent technical staff to support oversight committees undermines their ability to perform their functions effectively, leading to bills being piled up in committee rooms, inadequate oversight, and suboptimal policymaking,” the Report stated emphatically.

Institutional Modernization Performance

With regards to the legislature’s institutional performance, IREDD notes that while some improvements have been made, such as improved access to fewer basic services such as water, challenges persist in areas like financial transparency, improved staffing system and development, access to internet connectivity, technological improvement and gender equality.

“The Liberian Legislature needs significant modernization to improve its efficiency, transparency, and accountability. The current infrastructure and practices are outdated and hinder the Legislature’s ability to function effectively and provide needed representation to the Liberian people,” the Report said.

With regards to staffing, IREDD notes a lack of transparency, inadequate policies, political and limited resources plague the staffing system within the Liberian Legislature. “These issues contribute to a poorly performing workforce that is ill-equipped and grossly underpaid to support legislative functions,” IREDD noted.

When it comes to legislative support to key institutional organs such as Legislative Information Service, Legislative Budget Office, and Central Administration, IREDD observed that support is grossly weak and inconsistent, hindering their effectiveness.

“The Liberia Legislative Budget Office (LBO), established in 2010, is mandated to provide essential budgetary support services, including transparency, accountability, and fiscal analysis. However, political interference, limited funding support and undue influence from powerful committees and legislators within the Legislature, such as the Rules and Order Committee and the Ways, Means, and Finance Committee continue to hinder its independence and effectiveness.

“The Liberian Legislative Information Service (LIS) has been severely underfunded and neglected by successive leadership of the Ways, Means, and Finance Committees. This lack of support has hindered the LIS’s ability to fulfill its mandate and provide essential legislative services.

“The Central Administration of the Liberian Legislature is significantly underfunded and lacks the resources, training, and infrastructure necessary to effectively support legislative operations. This deficiency has led to a decline in staff morale, productivity, and the legislature’s overall effectiveness.

Gender Sensitivity

With regards to gender sensitivity, IREDD observed in its Report that the Legislature has demonstrated a significant lack of focus on gender considerations in its operations, policies, and staffing.

“Women legislators face numerous challenges, including limited support, a lack of opportunities, and a hostile environment. The Legislature has also failed to implement key legislation, such as the Affirmative Action for Equitable Participation and Representation Act of 2016, aimed at promoting gender equality and inclusivity.

“Gender disparity in the legislature manifests in employment practices. Only 4 out of 103 Chief of Office Staff are women, indicating a significant gender imbalance. Women legislators lack specialized support to enhance their strategic communication skills and influence legislative outcomes.

“The Legislature’s offices are not easily accessible to individuals with disabilities, reflecting a broader insensitivity towards inclusive practices. The government has failed to implement the, which aims to promote gender equality and inclusivity.

The Way Forward

The IREDD Report outlined several recommendations to improve the workings of the 55^th Legislature. In this regard, the Legislature is recommended to implement a stricter attendance policy with clear consequences for excessive absences. “This would encourage legislators to prioritize their legislative duties and reduce instances of absenteeism, leading to more productive and effective legislative representation,” IREDD said.

“Adopt a Needs-Based Funding Approach: Allocate funding for constituent visitation based on different regions’ specific needs and challenges rather than using a one-size-fits-all approach. This would ensure that legislators representing remote areas have the necessary resources to engage with their constituents effectively. In addition, constituency visitation support resources should rather be treated as reimbursement than lump sum payment in advance as it was done.

“Promote Inclusive Engagement: Encourage legislators to engage with a broader range of constituents beyond just political allies and family members. This would ensure that all constituents have an opportunity to participate and provide input.

“Establish Functional Constituent Offices: Require legislators to establish and maintain functional constituent offices in their districts and counties to provide accessible and effective services to constituents.

“Strengthen the Joint Public Accounts, Expenditure, and Audit Committee (PAC) by providing the PAC) with adequate resources to enhance technical expertise and the political will to effectively investigate and address financial irregularities.

“To promote gender-sensitive legislative practices, the Liberian Legislature should implement measures to increase the representation of women in leadership positions and among staff. This would help to address the current gender imbalance and create a more inclusive and equitable environment within the legislature,” the Report stated.