Supreme Court Chambers Justice Denies Request For Stay Order
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia –The Chambers Justice of the Supreme Court of Liberia, Yusif Kaba has declined to issue stay order, after tenured officials at the Liberia Telecommunications Authority (LTA) requested the Court to do so.
LTA tenured officials who were later suspended by President Joseph Boakai after the court ruling nearly one week ago in favor of the tenure officials. President Boakai earlier nominated some Stewarts of his party, the affected tenure officials at the Liberia Telecommunications Authority on April 29,2024, filed a Bill of information against President Boakai action for suspending them.
The LTA suspended officials are Edwina Crump Zackpah Chairperson, Israel Akinsanya, James Gbarwea, Zatowon Titus and Osborne Diggs commissioners.
President on April 25, 2024 welcomes the Supreme Court ruling, but went ahead suspending those tenure officials whom the court ruled in favor of them.
Count six of the suspended LTA officials Bill of information states that informants submit that notwithstanding the decision and mandate of the Supreme Court of April 24&29,2024, respectively revoking the nomination of Abdullah Kamara, Patrick Honnah, Clarence Kortu Massaquoi, Ben Fofana and Angela Bush Cassel co-respondents herein above, the Executive Branch of the government through the Excellency, President Joseph Nyumah Boakai in glaring disregard for the rule of law and out right disrespect to the Supreme Court of Liberia, communicated a letter of suspension from office to the informant / commissioners of the LTA are suspended with immediate effect pending the outcome of the investigation.
Count seven of the informants/ commissioners added that the suspension is a form of punishment and same is an act subsequent and not an act precedent; this means that under the law extant, suspension can legally be served after the suspended person has been accorded his rights to due process; that is said suspended person has been heard prior to his suspension. I’m the instant case, the suspension of the informants occurred immediately following the court determination of the prohibition proceedings in which your Honors and this Honorable Supreme Court granted the petition thereof and declared the act of President Boakai ultra virus.
Hence the act of suspending the informants while the mandate of the Supreme Court is yet to be served and said suspension is without the pale of law; as such, same amount to removal of informants from office in violation of the law and an affront to the Honorable Supreme Court.
As to count eight of informants bill of information says that assuming and not admitting that unlawful suspension is not an abstraction in the execution of the court mandate or a refusal to carry out the court mandate or orders and a gross disregard and disrespect to the Honorable Supreme Court of Liberia, it is the law extant in this jurisdiction that a letter of indefinite suspension which places impossible conditions for lifting of the suspension is a constructive letter of dismissal and not a letter of suspension. Further, the informants said, in the instant case, the appointment of the same respondents as in the petition for prohibition as Acting commissioners of the LTA is an impossible condition for the lifting of the suspension.
Informants further says to counts six thru eight hereof, the Act creating the Liberia Telecommunications law of 2007 has no provision covering suspension of its tenure officials, rather its speaks particularly of removal from office. Therefore, it is the express intent of the framers of the Act that in order to preserve their independence commissioners of the LTA should served until and unless proven violations as spoken of in section 10; that commissioners of LTA can be removed for cause; that the act of the president to suspend the informants without due process amounts to an abuse of administrative power and constitutes an act intended to undermine the Supreme Court of the Republic of Liberia. Hence, this bill of information requesting your honors and this Honorable court hold the respondents in contempt.
Informants submit further to count nine hereof, that the LTA’s Bye-Law of the Board of commissioners adopted on 16 September 2016, mentioned in Article 7-violations and sanctions, that All act(s) or omission(s) by a commissioner that violates any provision of these by laws, LTA code of conduct and or LTA conflict of interest policy and or the Act shall results in sanctions determined by the BOC through a resolution adopted and passed at a duly called Board meeting; all alleged violations of these by laws, LTA code of conduct and or LTA conflict of interests policy and any acts of corruption and dishonesty shall be first investigated by the BOC; and when warranted, shall be forwarded to the appropriate authorities to be accorded due process of law; and sanctions shall be based on the gravity of the violations and penalties shall be assessed by a resolution adopted by the BOC, consistent with applicable laws .
Informants further said that the suspension is in violation of the aforesaid Supreme Court decision which outlined the issue of tenure and specifically declares that the informants are covered by the protections it provides. The court specifically said, the President cannot arbitrarily remove informants without due process or negotiations respecting contractual rights. The current suspension (indefinite) coming right after the Supreme Court decision is a pretext for illegal removal and an affront to the Supreme Court of Liberia. Hence, this bill of information, requesting your Honors and the Honorable Supreme Court to hold the Executive Branch of the government thru President Boakai in contempt.
Wherefore and in view of the foregoing facts, circumstances and the law controlling, informants pray your Honors and this Honorable Supreme Court to grant informants. Bill of information thereby ordering the enforcement of the mandate or judgement; that your Honors will declare the suspension unlawful thereby revoking the suspension and the appointment of the acting Board of commissioners of the LTA; that your Honors remind the Executive Branch of government that their actions is contemptuous and should thereby desist from repeating same; and your Honors will order a stay on further action pending deposition of the bill of information; and grant information all other relief that seem just, legal and equitable in premises.
At the same time, suspended Governance Commission chairman Garrison Yealue has also filed a bill of information to the Supreme Court of Liberia.
Count five of Yealue bill of information says, the suspension issued to him before the start of an investigation for what the president termed violated the governance act is a gross violation of the informant’s right to due process as enshrined in Article 20(a) of the 1986 constitution. It also violates the judgement of the Honorable Supreme Court of Liberia. Hence, the the informant filed this bill of information to have your Honors informed about the Supreme Court of Liberia.
Wherefore and given the preceding, informants pray your Honors and this Honorable Supreme Court to issue the following orders: Grant this bill of information; order immediate halt on the suspension of the informant and have him reinstated; order the respondents to appear and show cause why they should not be held in contempt for violating the judgement of the Honorable Supreme Court of Liberia.