How Does The UP Government’s Latest Move Square Up To Its Rule Of Law Agenda?
By Garmah Never Lomo, garmahlomo@gmail.com
Barely 72 hours after the Supreme Court ordered President Joseph Nyumah Boakai to withdraw his nominees named to Tenured positions, the Liberian leader has what Judicial watchers say decided to disrespect the highest Court in the nation by down-playing the rule of law, though he initially welcomed the Court’s opinions. Pres. Boakai Loses Legal Battle: Supreme Court Says He Violated Tenured Positions Law – News Public Trust
He came to power on an “ARREST Agenda”, which stands for Agricultural, Road, Rule of Law and Tourism.
A press release issued by the Executive Mansion on April 26,2024 states:
“The President of the Republic, H. E Joseph Nyuma Boakai, Sr., has suspended, with immediate effect, Madam Edwina C. Zackpah, Mr. Israel Akinsanya, Mr. Zotawon D. Titus, Mr. James Gbarwea, and Mr. Osborne K. Diggs, Chairperson and Commissioners respectively of the Liberia Telecommunication Authority for allegations of questionable financial transactions and other malpractices at the Authority.
The President has requested a comprehensive audit of the LTA by the General Auditing Commission (GAC) to investigate the allegations at the Authority. He urged the suspended officials to cooperate fully with the GAC as they undertake the investigation.
The Liberian Leader expressed confidence that the investigation would reveal any financial impropriety and help identify corrective measures to prevent such occurrences in the future. The LTA is a critical institution responsible for regulating the telecommunications sector in the country and the institution should uphold high standards of integrity and accountability in carrying out its mandate.
The suspension of the Chairperson and Commissioners is a clear indication of the President’s confidence in his Administration’s commitment to ensuring that the LTA operates in the best interest of the Liberian people. The President has emphasized that the Government is committed to promoting transparency and accountability in all sectors and urged all public officials to uphold the hghest standards of integrity and accountability in carrying out their duties to the Liberian people. i
At the same time, President Boakai has also suspended with immediate effect the Chairperson of the Governance Commission Garrison Yealue for being in violation of the Governance Commission Act pending the conclusion of the investigation. Meanwhile, the President has set up a committee to investigate the matter.”
President Boakai and his Unity Party government, who came to power on the ARREST Agenda in which he clearly highlighted the rule of law as being one of the pillars of his government, but there are indications that the rule of law is being regarded.
In its Wednesday, April 24, 2024 ruling, the Supreme Court ordered the President to withdraw his nomination made to four of the five controversial tenured positions at several state institutions including the LTA.
Public concerns
However, the public has raised serious concerns as to why commissioners of the LTA should be suspended in the wake of the Supreme Court’s recent ruling and during the conduct of the General Audit Commission when audit is a usual procedure. Speaking to Journalists and on local radio stations, some describe the move as “a witch-hunt” saying that it is not different from moves made by other past leaders despite the UP’s rescue mantra.
When President Boakai took office in January 2024, he relied on Article 56 of the Liberian Constitution to remove the heads of four autonomous agencies who the Legislature has granted tenure authorities. Governmental institutions in the controversy are Governance Commission (GC), National Identification Registry (NIR), Liberia Lottery Authority (LLA), Liberia Telecommunications Authority (LTA) and the Environmental Protection Agency (EPA).
According to the new Liberian President, those tenured officials are members of the Executive Branch of government and therefore serve at the will and pleasure of the president.
Article 56 (a ) 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.
However, the Supreme Court Justices in a unanimous decision, ruled that Article 89 of the Liberian Constitution authorized the Legislature to create other agencies as may be necessary for the effective operations of government and enact laws for their governance.
“The Legislature acted within the scope of its authority in enacting laws for its governance including the provisions of tenure”, the Court further ruled.
According to the Judgement, an act passed by the legislature is presumed to be constitutional unless the contrary is clearly shown; that is presumed to have acted constitutionally in passing a statute and that courts must start out with the presumption that is constitutional and valid and that every intendment is in favor of the validity of the statute; in addition to the conferred constitutional power to enact laws for the government of the autonomous commissions named under the Constitution, the Legislature was given additional power to create other agencies may be necessary for the effective operation of government.
The high court’s ruling further said that:
At the time of establishing the three autonomous commissions in 1986, the framers of the constitution did not and could not have thought of all the relevant autonomous commissions for the effective operation of government, so they empowered the Legislature to act when the need arises to create additional autonomous commissions.