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Sen. Nathaniel McGill Makes U-Turn On Writ Of Prohibition

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FLASHBACK: Former Min. of State now Sen. Nathaniel McGill in his party beret

By Garmah Never Lomo, garmahlomo@gmail.com

Margibi County Senator Nathaniel Mcgill, who served as Minister of State for Presidential Affairs in the former CDC government, has decided to end his legal battle before the Supreme Court against his investigation by the Liberia Anti-Corruption Commission (LACC).

The LACC had cited McGill, who is also under United States government sanctions for “significant corruption”, is to testify about his knowledge regarding a supplementary payroll scandal over the inclusion of 728 names outside of the framework of the Civil Service Agency (CSA).

However, McGill made the extraordinary decision to withdraw the request from Supreme Court, just a day, after the Presiding Chambers Justice Yussif Kaba schedul to hear the merit and demerit of his argument.

“To ensuring transparency and accountability in public service and to hold both past and present government officials accountable for their stewardship, I have instructed my lawyers to withdraw the Writ of Prohibition filed before the Chamber Justice of the Supreme Court,” McGill’s letter to his lawyer, Senere Cephus.

McGill also endorsed the LACC’S investigation moments after announcing that he would no longer seek the prohibition. “This withdrawal will allow the Liberia Anti-Corruption Commission (LACC) to continue its investigation without any hindrance,” McGill noted. According to McGill, he remains fully prepared to vindicate himself at any time.

“It is important to note that supplementary payrolls are not a crime, and no Civil Service Agency (CSA) framework was violated during my tenure as minister,” he contends. He adds, “The practice of supplementary payrolls is longstanding, having been in place long before my time, and continues to be a standard practice even within the current government.”

It is not clear what led to McGill abrupt changed to his approach to prematurely withdraw from the Supreme Court. Many believe that former President George Weah made have influenced the decision. McGill has repeatedly said he is innocent and didn’t do anything wrong..

“All and every official act by the Minister of State is covered by immunity, including but not limited to signing pay payrolls and checks for employees and contracts within and without the executive branch, and such actions being the works of the Office of the President are protected under executive privilege, and the Minister of State for Presidential Affairs is statutorily and constitutionally prohibited from divulging certain information in any investigation proceedings, especially regarding national security, diplomatic negotiations, or internal executive deliberations and administration,” McGill noted.

According to McGill, he is legally immune from all criminal investigations, because his actions then as Minister of State were performed based on instructions and directives given by the President, whose office he formerly occupied as the President’s principal assistant in keeping with the law.

McGill however revealed Article 61 of the 1986 Constitution, which provides, “The President shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention or other actions on account of any act done by him while President of Liberia pursuant to any provision of this Constitution or any other laws of the Republic.”

 

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