Published: June 30, 2026
Capitol Hill, Monrovia – The Liberia National Bar Association (LNBA) has endorsed the establishment of both the proposed War and Economic Crimes Court and the National Anti-Corruption Court but is urging the National Legislature to address what it describes as significant constitutional deficiencies in the draft legislation before the bills are passed into law.
Appearing Monday before the Senate Judiciary Committee, LNBA Vice President Counselor Abrahim B. Sillah said while the Bar strongly supports efforts to end impunity and strengthen accountability in Liberia, lawmakers must ensure that the proposed courts are established in full compliance with the 1986 Constitution.
“The Bar remains committed to working with the Legislature and the Liberian people on the establishment of the War and Economic Crimes Court,” Sillah told reporters outside the committee room. “However, there are key provisions in the bills that require careful examination to ensure they do not conflict with the Constitution.”
The Senate Judiciary Committee invited the leadership of the LNBA to provide its expert legal opinion on two landmark pieces of legislation—the bill establishing the War and Economic Crimes Court and the bill creating a National Anti-Corruption Court.
During the hearing, Sillah said the Bar presented a detailed legal position paper outlining recommendations on both bills after conducting an extensive review of their provisions.
According to him, the LNBA has consistently advocated for the creation of a War and Economic Crimes Court, noting that the Bar itself submitted a draft bill to the Legislature in 2020 to advance the process of accountability for atrocities committed during Liberia’s civil conflicts.
He welcomed the government’s renewed effort to establish the court but cautioned lawmakers against adopting provisions that could undermine the Constitution.
Among the Bar’s major concerns is the appellate structure proposed under the War and Economic Crimes Court Bill.
Sillah explained that the draft legislation provides for an Appeals Chamber whose decisions would be final and binding, effectively preventing further appeal to the Supreme Court of Liberia.
He argued that such a provision would conflict with Articles 65 and 66 of the Constitution, which grant the Supreme Court final appellate jurisdiction, as well as Article 20(b), which guarantees every person the right to appeal judicial decisions.
“The Legislature shall make no law that deprives the Supreme Court of its appellate jurisdiction,” Sillah said. “These constitutional protections cannot be ignored.”
He encouraged lawmakers to study the model adopted by neighboring Sierra Leone, where the Special Court operated under a treaty-based hybrid arrangement combining domestic and international legal frameworks.
Turning to the proposed National Anti-Corruption Court, Sillah said the LNBA also identified several provisions that require revision before enactment.
While acknowledging Liberia’s urgent need to strengthen the fight against corruption, he warned that the current draft appears to weaken the constitutional presumption of innocence by shifting aspects of the burden onto the accused.
He further argued that portions of the bill could compel individuals to testify against themselves, contrary to constitutional guarantees protecting the right against self-incrimination.
Sillah also questioned whether the proposed legislation clearly defines which corruption-related offenses would fall under the jurisdiction of the new court and which cases would remain before Criminal Court “C,” which currently hears many corruption prosecutions.
Despite those concerns, he maintained that the establishment of both courts is necessary.
Regarding the War and Economic Crimes Court, Sillah said Liberia cannot achieve meaningful national healing without accountability for atrocities committed during the country’s years of conflict.
“Those who bear the greatest responsibility for those atrocities must be brought to justice,” he said. “Victims deserve redress, and accountability is necessary to prevent such crimes from happening again.”
Responding to arguments that Liberia should focus solely on reconciliation rather than prosecutions, Sillah said reconciliation is only one component of transitional justice.
“True reconciliation comes when victims receive justice and perpetrators are held accountable,” he added.
What Would the Two Bills Do?
On the proposed Anti-Corruption Court, Sillah said the establishment of a specialized tribunal could improve the speed with which corruption cases are prosecuted, provided lawmakers first address the legal and constitutional concerns identified by the Bar.
He assured the Senate Judiciary Committee that the LNBA remains available to continue providing legal guidance as lawmakers refine both bills before they are taken up for final consideration.
The proposed War and Economic Crimes Court Bill seeks to establish a special tribunal to prosecute individuals accused of bearing the greatest responsibility for war crimes, crimes against humanity and serious economic crimes committed during Liberia’s years of political conflict between 1979 and 2003. The legislation follows recommendations made by the Truth and Reconciliation Commission (TRC), which called for the creation of a war crimes court to address atrocities committed during the country’s two civil wars.
The proposed National Anti-Corruption Court Bill would establish a specialized court dedicated exclusively to corruption-related offenses. Supporters believe the court would accelerate the prosecution of corruption cases and strengthen public accountability, while legal experts have called for amendments to ensure the legislation fully complies with constitutional guarantees relating to due process, the presumption of innocence and the appellate authority of the Supreme Court.
Discussion about this post