2
MR. JUSTICE BANKS delivered the Opinion of the Court.
The Liberian Constitution (1986) states, at Article 1, that “All power is
inherent in the people. All free governments are instituted by their authority
and for their benefit and they have the right to alter and reform the same
when their safety and happiness so require. In order to ensure democratic
government which responds to the wishes of the governed, the people shall
have the right at such period, and in such manner as provided for under this
Constitution, to cause their public servants to leave office and to fill vacancies
by regular elections and appointments.” LIB. CONST., ART 1, (1986). [Emphasis
Ours]
Probing the intent of the framers of that most sacred document and one
of the most profound provisions of the document, quoted above, we believe
that they clearly intended to make unmistakably clear that the ultimate power
of the State is in the people and that in the face of that reality, governments
that are established to undertake the affairs of the State are instituted only
and solely by the will and at the instance of the people; and that it is the
people, not the governments nor the institutions or agencies of governments,
that have the authority to remove elected persons serving the governments
or institutions of the governments, and to do so primarily by the process of
periodical uniform public elections, at which the people determine, by their
votes, who will take the reign of the government or the elective public offices
of the government.
In order that the will of the people are never thwarted, by any
subordinate authority established by the Constitution, the document makes it
abundantly clear that “This Constitution is the supreme and fundamental law
of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout the Republic.” [Emphasis supplied] LIB. CONST.,
ART. 2, (1986).
It is to ensure and assure that the will of the people is fully manifested
that the Constitution also sets out the process and the mechanism through
which that will can and should be channeled. The Instrument allows for no
deviations or violations that would dilute the will of the people in determining
the government that would govern the nation and the expectation is that the