Excerpt from the Public Procurement and Concession Commission (PPCC) Act
By Our Staff Writer
The Unity Party Alliance government of President Joseph Nyuma Boakai has admitted that it has not done due diligence in the deal to bring in a huge consignment of yellow machines/earth-moving equipment into Liberia in line with the country’s procurement laws and legislative procedures.
Pres. Joe Boakai
After weeks and months of secrecy, the Liberian leader has now written the House of Representatives informing the body that despite the start of the delivery of some 250 pieces of these yellow machines with no contract yet to be produced, negotiations are still ongoing.
“We are currently in the negotiation phase. No formal agreement or contract has been signed with any party. The discussions are ongoing, and no financial commitment has been made by the Government of Liberia and not a dime paid.”
In fact, in his letter to House Speaker Cllr. Fonati Koffa, President Boakai revealed that the source of the earth-moving equipment is a friend from abroad who is yet to be identified.
“He offered to provide equipment in good faith and on a gentleman’s agreement,” said the Liberian leader who took office on January 24, 2024 with a promise “not to do business as usual” and demonstrate good governance, transparency and accountability, something one of Boakai’s political allies, former Auditor General John Morlu has strongly criticized.
The exact cost of the heavy equipment is not known but it is believed to be over US$40 million.
Mr. Morlu has urged the President to act decisively and punish those involved in any wrongdoing.
According to reports, the former AG has emphasized the need for the President to acknowledge the mistake, apologize, and seek the Legislature’s assistance in rectifying the situation.
Mr. Morlu has also called on the Legislature to promptly take action by holding the wrongdoers accountable, even suggesting imprisonment as a consequence.
Just this week, the anti-graft watchdog group in Liberia, Center for Transparency and Accountability (CENTAL accused the government of flouting the rule of law, transparency and accountability in the yellow machines securing transactions.
From the Freeport of Monrovia, the first consignments of the yellow machines, with picture of the Liberian flag inscribed on them, are being parked at the BTC military barracks in central Monrovia.
Excerpt of the President’s letter:
Dear Hon. Speaker:
Let me first and foremost assure you and members of the Legislature that we are scrupulously pursuing the acquisition process for these machines guided by the principles of transparency and good faith. The initiative originated from a conversation between me and a long-time friend who shares a commitment to the ARREST Agenda. This friend was moved by the spirit of solidarity and a strong desire to participate in the implementation, in the shortest possible time, of our development agenda. He offered to provide equipment in good faith and on a gentleman’s agreement.
The disbelief of many members of the Legislature and some in the public may be understandable, considering, nothing on this massive scale has been done before based on trust and confidence in the leadership of the country and certainly not in the last six years.
Please note the following:
Negotiation Phase: We are currently in the negotiation phase. No formal agreement or contract has been signed with any party. The discussions are ongoing, and no financial commitment has been made by the Government of Liberia and not a dime paid.
No Public Funds Utilized: To date, no funds from the Liberian treasury have been expended on this project. The first batch of equipment that arrived in the country was shipped at the supplier’s expense. The GOL has not incurred any costs related to the transportation or acquisition of these machines. Contingency for Unsuccessful Negotiations: Should the negotiations fail to yield a mutually beneficial agreement; the supplier retains the right to reclaim the equipment. He may choose to sel them within the Liberian market or re-export them. This ensures that the GOL is not financially burdened or contractually bound.
Legislative Involvement: We recognize and respect the role of the National Legislature in ratification process. Once the negotiations are concluded and a formal agreement si being reached, we wil promptly submit the necessary documents to the Legislature for consideration/ratification. At that point, we welcome any request for clarifications or discussions toensure the process remains transparent and accountable.
Maintenance Zones will be established in each county. Each county wil receive requisite numbers of machines for road construction a n d maintenance. This setup will guarantee the accelerated opening up of the entire country for speedy development.
In summary, there is no contract or agreement at this moment that requires legislative ratification. We are committed to maintaining open lines of communication with the Legislature throughout this process. Once we have a formal agreement and CIF value, we will engage the National Legislature consistent with our laws.
We appreciate your understanding and cooperation as we work towards enhancing our nation’s infrastructural development.”