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In Ex-NPHIL Boss Dr. Nyan’s Petition: Supreme Court Issues Stay Order On Executive Branch

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As Dr. Dougbeh Chris Nyan Vehemently Rejects His Dismissal By Pres. Boakai

By Garmah Never Lomo, garmahlomo@gmail.com

TEMPLE OF JUSTICE, Monrovia- President Joseph Boakai’s recent dismissal of head of the National Public Health Institute (NPHIL), Dr. Dougbeh Chris has hit a legal snag, with the presiding Justice in Chambers of the Supreme Court of Liberia Jamesetta Howard Wolokolie issuing a Petition for a writ of Prohibition on the Executive Branch of government. 

The writ of Prohibition by Justice Wolokolie was issued on the 9th of December 2025 on the Executive represented by the country’s Justice Minister, Cllr. Oswald Tweh and others superior officers, following a petition filed by former NPHIL Director General, Dr. Nyan.

A writ of prohibition is a court order from a higher court telling a lower court, tribunal, or official to stop doing something because they lack the legal authority (jurisdiction) to do it, preventing an abuse of power or a miscarriage of justice before it happens, unlike a writ of certiorari that corrects errors after a decision. It’s used to halt proceedings where a body is exceeding its legal powers, ensuring matters stay within their proper legal framework.

According to the Supreme Court Citation, the Justice Minister and Attorney General and others superior officers are ordered to appear before Justice Wolokolie on or before December 18th 2025 to file their answer/ return to Dr. Nyan’s complaint.

Back in October 2025. President Boakai dismissed the NPHIL boss for “administrative reasons”, something an Executive Mansion press release said was part of the President’s broader commitment to effective leadership, accountability, and institutional efficiency.

However, Dr. Nyan strongly reacted to his sacking describing it as “baseless, vague, and politically motivated,” saying that his removal violates the NPHIL Act of 2016 and compromises Liberia’s progress in public health leadership across Africa.

In the writ of Prohibition, the Supreme Court’s Chambers Justice directs:

YOU ARE HEREBY COMMANDED to notify The Executive Branch of the Liberian Government, represented by the Minister of Justice & Attorney General, The Solicitor General, and all person operating under the authority of the Minister, Republic of Liberia, respondents in the above entitled cause of action, to appear (by filing its returns) before Her Honor Jamesetta H. Wolokolie, Associate Justice of the Honorable Supreme Court of the Republic of Liberia, presiding in Chambers, at the Supreme Court Room, Temple of Justice, on/or before the 18th day of December, A. D. 2025, at the hour of 9:00 a.m., to show cause why the PETITIONER’S PETITION as prayed for should not be granted.

YOU ARE FURTHER COMMANDED to instruct the RESPONDENT (Executive Branch) herein to file its RETURNS to this Writ, in the Office of the Clerk of this Honorable Court, on/or before the said 18th day of December, A. D. 2025; and to/copy To read to them the original, and leave a copy of the Writ of PROHIBITION with the RESPONDENT; and As to when and how you shall have served this Writ, you will make known by filing your Official RETURNS hereto on the back of the original copy of this Writ, in the Office of the Clerk of this Honorable Court, on or before the said 18th day of December, A. D. 2025.

The Marshall returns showed that, On the 10th Day of December A.D. 2025, he served the within Writ of Prohibition together with the Petitioner’s Petition on the Executive Branch of the Liberian Government, represented by the Minister of Justice & Attorney General, The Solicitor General, and all person operating under the authority of the Minister, Republic of Liberia by and thru Ophelia S. Geroge, Filing Clerk, office of the Solicitor General, Ministry of Justice, who signed and received copy of said Writ together with the Petitioner’s Petition.

In view of the above, the party was duly served and notified to comply with the order herein mentioned.

Hence, this official return filed into the office of the Clerk of this Honorable Supreme Court.

On November 12,2025, The Supreme Court of Liberia formally cited the Executive Branch of Government to appear in a high-profile case involving Dr. Dougbeh Christopher Nyan, Director General of the National Public Health Institute of Liberia (NPHIL). The case concerns Dr. Nyan’s recent termination from office and a Petition for a Writ of Prohibition he filed to challenge the action.

According to an official notice from the Office of the Clerk of the Supreme Court, the conference is set for Thursday, November 13, 2025, at 3:30 p.m., under the oversight of Associate Justice Jamesetta H. Wolokolie, who will preside in Chambers. The notice, signed by Cllr. Sam Mamulu, Clerk of the Court, calls for the appearance of all parties for discussions on the matter.

Dr. Nyan’s petition names the Minister of Justice and Attorney General, the Solicitor General, and all officials acting under the Minister’s authority as respondents. The petition asserts that his dismissal, issued on September 17, 2025, was based on a Board of Directors’ resolution alleging unspecified violations of the NPHIL Act of 2016.

The NPHIL Act provides that the Director General serves a five-year tenure and may only be removed for cause—including corruption, incapacity, or conduct inimical to public interest—following due process. Dr. Nyan contends that none of these conditions were met, arguing that his removal was executed without formal charges, investigation, or a hearing, in violation of Article 20(a) of the Liberian Constitution and the Administrative Procedure Law.

In his petition, Dr. Nyan cites Supreme Court precedents, including Martin S. Kollie v. Executive Branch of Government (2019) and Yealue et al. v. Executive Branch (2024), emphasizing that tenured heads of autonomous agencies cannot be removed arbitrarily. He is seeking a court order to suspend the enforcement of his dismissal, declare the action illegal and unconstitutional, and mandate his immediate reinstatement with full rights and privileges.

Observers say that the outcome of this case could have far-reaching implications for the autonomy of Liberia’s public institutions and reinforce legal protections for heads of statutory agencies.

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