extend beyond removal from office and disqualification to hold public office
in the Republic; but the party may be tried at law for the same offense. The
Legislature shall prescribe the procedure for impeachment proceedings
which shall be in conformity with the requirements of due process of law.”
87.This Court observes that from the above stated constitutional provisions,
Section 43 only provides the core of the law but the penumbra aspect of the
law which is expected to prescribe in details the procedure for impeachment
in Liberia is conferred upon the Legislature to be fashioned out in accordance
with due process of the law. The begging question in this suit is whether the
Applicant’s impeachment was based on procedure prescribed by the
Legislature and if it was, whether the procedure was in conformity with the
requirement of due process of law as contemplated by the Respondent’s
Constitution.
88.The Applicant argues that Section 29 of the 1986 Constitution of the
Respondent provides that:
“the legislative power of the Republic shall be vested in “the Legislature” of
Liberia which shall consist of two (2) separate houses: a Senate and a House
of Representatives, both of which must pass on all legislations. The enacting
style shall be: ‘It is enacted by the Senate and House of the Representatives
of the Republic of Liberia in Legislature assembled’”.
89.So when the Constitution expressly imposes a duty on “the Legislature” to
prescribe the procedure for impeachment, it contemplates that the two Houses,
Senate and Representatives shall pass on a legislation prescribing the rules for
impeachment proceedings “in Legislature assembled”. Additionally, Section
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