Supreme Court Justice In Chambers Puts Stay Order On Takeover @ Governance Commission
After Cabinet Endorse Removal Of Tenured Officials
By Frank Sainworla, Jr., fsainworla@yahoo.com
With just over one month in office, the ruling Unity Party government of President Joseph Nyuma Boakai has slided into a legal controversy over moves to remove current officials serving in tenured positions at some government institutions, including the Liberia Telecommunications Authority (LTA) and the Governance Commission (GC).
On both fronts, all five LTA commissioners and the head of the GC have filed lawsuits against the Boakai government against the action, with the Supreme Court of Liberia’s Justice in Chambers Yussif D. Kaba issuing a Writ of Prohibition against the seating of the newly appointed Governance Commission Chairman, Professor Alaric Tokpa on Monday, February 26, 2024.
The five LTA commissioners and the current head of the GC, Lawyer Garrison Yealue have described President Boakai’s action as unlawful and violates the 2007 Liberia Telecommunications Authority and the Act establishing the Governance Commission.
President Boakai’s action has also been criticized by the head of the Law Reform Commission, Cllr. Boakai Kanneh and the head of the Judiciary Committee of the Liberian Senate, Cllr. Christian Chea of Sinoe County.
Earlier, the Cabinet endorsed the new Liberian leader’s action to removed officials in those institutions whose tenures are yet to aspire.
“The cabinet has authorized the president, and it has been concluded as government policy that all of those tenure positions that the president will exercise his authority to appoint people in any position in the executive whether the person has tenure or not except those positions that are protected by the Constitution of Liberia,” said President Boakai’s Legal Advisor Cllr, Bushuben Keita.
Cllr. Keita added: “If the tenure was created by statute, it is a position of the government that violates article 56a,” Keita said.
But the move by the Executive Mansion is being legally challenged in a petition to the Supreme Court that prompted the issuance of the Writ of Prohition:
“That Petitioner says and avers that prohibition is the appropriate remedy to prohibit the Government of the Republic of Liberia from proceeding contrary to law by nominating Prof. Alaric Tokpa to the position as Chairman of the Commission while his tenure is still active and effective for the period of four years in said autonomous agency as provided for by the Article 89 of the Liberian Constitution which gives rise to the creation of the Governance Commission,” the petition averred.
For the LTA, The petitioners include all fice Commissioners, Edwina Crump Zackpah (Chairperson), Israel Akinsanya, James Gharwen, Zatowon Titus, and Osborne Diggs.
The petitioners include Edwina Crump Zackpah (Chairperson), Israel Akinsanya, James Gharwen, Zatowon Titus, and Osborne Diggs.
The Zoe and Partners, who are representing the legal interest of the aggrieved LTA commissioners, requested the court to grant the Writ of Prohibition by preventing the unlawful removal of the commissioners, and uphold the principles of justice and legality.
Their petition to the Supreme Court said: “That consistent with the Liberia Telecommunications ACT of 2007, a person serving as commissioner or Chairman may not be removed from office prior to the completion of his or her term of appointment without cause as defined by the ACT. In the instant cause, the Petitioners have done nothing in violation of the law to warrant their replacement or removal. Court is requested to take judicial cognizance of the law controlling. Also, in the case, Martin S. Kollie Versus Executive Branch of Government Heard on October 30, 2018, Decided, August 2019, the Supreme Court held thus… for the President of the Republic of Liberia to remove the Director General of the National Lottery Authority, that removal must be for a cause as provided by law. It was therefore wrong for the current President of Liberia to have appointed another person as Director General of the National Lottery Authority while the tenure of the Petitioner as Director of the National Lottery Authority had not expired.”
All five of the LTA commissioners’ tenures are yet to expire, with most expected to end by December 2026.
Some UP officials are said to be opting for removal of tenured officials whose tenured are yet to expire with the believed that they can be paid off by government like what was done with the former Liberia Anti-Corrpution boss, Cllr. Edwin Kla Martin during the regime of former President George Manneh Weah.
But many of them are said not to be considering the huge financial pay out that this will entail, causing strain on the already depleted national coffers.
Earlier this week, 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. Ruling UP Gov’t Slipping Into Legal Debacle Over Appointments To Tenured Positions – News Public Trust
In the wake of the legal challenges from tenured officials and the LTA and GC, the Supreme Court is slated to hold a conference between the plaintiffs and the UP government represented by the Justice Ministry at noon this Wednesday, February 28, 2024.
President Boakai’s Legal Advisor Cllr. Keita recently said that the cabinet has decided that those tenure positions violate Article 56a, which states: “All cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, superintendents of counties and other government officials, both military and civilian, appointed by the President pursuant to this Constitution shall hold their offices at the pleasure of the President.”
H eclaimed that some of the tenured officials have been violating the National Code of Conduct by being actively and visibly involved in political party activities during the 2023 elections, adding that they will be dismissed by the government without compensation.
“You cannot be a tenured official and you actively take part in politics, serve on a campaign, post all your campaign photos, and do all else and still expect your tenure to be respected or expect to be paid if your tenure is taken away,” Keita said.
But in its latest ruling, the Supreme Court has ordered the Executive to stay further actions relating to the nominations to those positions until the conference is held.