Urges The Liberian Leader To Recall Nominations/Appointments
PHOTO: Anderson Miamen, CENTAL Executive Director
The Unity Party government of President Joseph Nyuma Boakai finds itself repeated the same mistake made by previous government—appointing people to tenured positions.
The Center for Transparency and Accountability in Liberia (CENRA) has expressed concern over recent appointments made by President Joseph N. Boakai, Sr. affecting tenured positions at public entities.
In a press statement issued in Monrovia, CENTAL noted that on Tuesday, February 20, 2024, President Boakai nominated several individuals to the Liberia Telecommunication Authority (LTA), Governance Commission, National Lottery Authority, Environmental Protection Agency (EPA), National Identification Registry, etc. Nonetheless, it has come to our attention that a number of these appointments are being made without regard for tenure security provided in relevant laws.
CENTAL highlights that tenure security is a settled matter and that interferences with it in the form of appointments to positions of active tenures are unlawful. In the case Martin Sallie Kollie vs the Executive Branch of the Government of the Republic of Liberia, the Supreme Court of Liberia upheld the sanctity of tenure against an illegitimate exercise of Presidential appointment. Then President George M. Weah had nominated a Director General of the National Lottery Authority (NLA) when, in fact, Mr. Kollie, had been commissioned by former President Ellen Johnson Sirleaf, prior to the election of President Weah. The Court ruled that the appointment was illegitimate since the NLA Director General had a secured tenure of four (4) years, as prescribed by the Legislature.
The power of the Legislature to insulate public positions against removal by the will and pleasure of the President was further interpreted to include the power to legislate officials out of office through a Legislative act. Hence, in the case “In Re: The Constitutionality Of Sections 16.1 And 16.2 Of The Act To Amend And Restate An Act To Establish The Liberia Anti-Corruption Commission And To Re-Establish The Liberia Anti-Corruption Commission”, the Supreme Court held that tenured positions which are creatures of the Legislature can be divested of tenure by the Legislature. Further, it emphasized that positions constitutionally protected by tenure and, therefore, immune to legislative manipulation are clearly stated in the constitution and includes positions of President, Vice, President, Chief Justice, Associate Justices, Legislators, Judges of Subordinate Courts of records etc. For such categories of public officials, only the Liberian people acting through a referendum can remove or amend their tenures. Simply put, constitutionally protected tenures can only be removed without cause by the people of Liberia, and Legislatively enacted tenures can only be removed without cause by the Legislature. Where cause exists for removal, different competent authorities to effect removal have been designated.
“We are dismayed about the decision of President Boakai to appoint persons to actively occupied tenured positions,” adding that the action of the President does not only violate relevant laws, as enacted by the Legislature and interpreted by the Supreme Court, but undermines the tenets of good governance, which tenures seek to promote and defend.
This is particularly true in the case of public integrity institutions whose leaderships are required to act with utmost independence, impartiality, and void of political interferences.
Given President Boakai’s professed commitment to good governance and the fight against corruption, it is of great importance that his actions are consistent with what he professes. Liberia cannot afford a continuation of disregard for the rule of law and promotion of political interests, at the expense of our hard fought and growing democracy. We cannot continue to repeat the same mistakes of yesterday when such can clearly be avoided. If business must not be as usual, keen attention must be paid to the excesses of yesterday with an eye to averting recurrence.”
Meanwhile, CENTAL as made a number of recommendations to President Boakai, Liberia’s 26th President:
“We therefore recommend the following to President Boakai:”
- That President Boakai immediately recalls appointments to positions occupied by persons with active tenures;
- That President Boakai constitutes the membership of the National Environment Policy Council of Liberia to allow for a recruitment process for the position of Executive Director of the Environmental Protection Agency (EPA), consistent with section 16 of the EPA Act. By appointing an Acting Executive Director, CENTAL believes the trend of interim appointments continues without any deliberate action to comply with the EPA Act. This will be business as usual and not a deviation from the ugly past, which the President has severally promised.
- That the Office of the Ombudsman be constituted and fully supported to allow for investigation of possible breach of Code of Conduct provisions regarding political canvassing and campaigning, which could constitute ground for removal from tenured positions, especially those of public integrity institutions like the Governance Commission. CENTAL believes that in the absence of determination by the Ombudsman, officials in violation of the Code cannot be lawfully removed. Due process must be followed in all cases of removal for cause.
CENTAL is also reminding President Boakai of its recently published open letter to Him, which outlines key anti-corruption reforms and efforts he should pursue, to succeed in his anti-corruption efforts.