As Liberians across the country observe today’s National Day of Reflection and Prayer, a spirited debate has emerged over whether President Joseph N. Boakai has the constitutional authority to declare such a holiday without legislative approval.
The question, once a topic for legal scholars and civil servants—is now a subject of heated discussion across radio talk shows, classrooms, and social media.
Many Liberians are asking: Can the President declare a national holiday that hasn’t been legislated by the National Legislature?
One of those providing clarity is Danicius K. Sengbe, veteran investigative journalist and current Head of Corporate Communications at the Liberia Revenue Authority (LRA).
In a widely circulated commentary, Sengbe explained that the President does, in fact, have legal authority to declare temporary, one-time observances.
“Yes, the President of Liberia has the legal authority to declare temporary, non-legislated holidays,” Sengbe stated. “This authority is grounded both in the Constitution and in statutory law.”
Legal Backing: Constitution and Statute
According to Sengbe, the President’s authority stems from Article 50 of the 1986 Constitution, which vests Executive Power in the President as Head of State and Chief Administrator.
Though the Constitution doesn’t explicitly reference holidays, it gives the President broad discretion to administer the affairs of the government and respond to national concerns.
Additionally, the Executive Law of Liberia (Title 12, Chapter 1) provides further support. Sections 1.2 and 1.3 authorize the President to issue executive orders and proclamations on matters of public concern.
“These proclamations don’t create permanent holidays,” Sengbe clarified. “But they serve symbolic, spiritual, or moral purposes—and they are well within the President’s discretion.”
Not a Boakai Innovation
Sengbe also emphasized that this is not unprecedented. Past presidents have exercised similar powers in times of crisis or national significance:
In 2014, President Ellen Johnson Sirleaf declared three days of national prayer and fasting during the Ebola outbreak.
In 2020, President George Weah issued a proclamation for a National Day of Prayer amid the COVID-19 pandemic.
Even President Charles Taylor, in the early 2000s, declared national observances for peace, mourning, and thanksgiving.
“So no, this is not some new invention. It’s not ‘Boakaism,’” Sengbe said. “Other presidents have done the same, and none of these proclamations required legislative passage.”
Legislated vs. Declared Holidays
To better understand the legal framework, Sengbe drew a clear distinction between types of holidays:
Legislated Holidays: These are permanent and recur annually (e.g., Independence Day, Fast and Prayer Day), established by acts of the Legislature.
Declared Holidays: These are temporary, one-time observances announced by the President through an executive proclamation.
“The President cannot create a permanent holiday by proclamation alone,” Sengbe said. “But he can absolutely declare a national observance day in response to a particular situation.”
Leadership, Not Overreach
Far from being an abuse of power, Sengbe argues that such executive proclamations are an expression of national leadership.
“When a President declares a National Day of Prayer, or anything similar, I view it not as a constitutional overreach, but as an act of moral and national leadership,” he wrote. “Whether such calls are necessary or merely symbolic is another debate—but from a legal standpoint, the proclamations themselves are valid.”
Public Response Split
While many citizens see today’s observance as timely and spiritually needed, others have expressed concerns about the economic implications—particularly in a struggling economy where non-working days could impact productivity and revenue generation.
Still, constitutional experts say the President’s action is within bounds and grounded in long-standing Liberian practice.
As the nation pauses for reflection, one thing remains clear: the President’s ability to proclaim temporary national observances remains a legal and historical reality—a tool of leadership used across administrations when the moment calls for national unity, mourning, or thanksgiving.
