High Court Decides GC Chairperson Atty. Yealue’s Legitimacy This Wednesday
PHOTO: Atty. Yealue’s Tenure (middle) chaired former ruling CDC Party’s Campaign team in Nimba County in the 2023 elections
By Garmah Never Lomo, garmahlomo@gmail.com
The Supreme Court of Liberia is to decide the legal fate of Governance Commission (GC) Chairperson, Atty. Yealue’s Tenure, in the wake of his petition and the temporary Stay Order placed by the Justice in Chambers Yussif Kaba on the abortive takeover of the office by Professor Alaric Tokpa, who was recently appointed by President Joseph Nyuma Boakai.
One of the mandates of the GC is to monitor and evaluate the performance of government to ensure good governance, accountability and transparency. It assesses the overall governance framework and evaluates the performance of public sector in line with adherence to the National Code of Conduct.
Contrary to upholding its integrity, the commission is now before the Supreme Court, to decide whether President Joseph Boakai’s nomination of Prof. Alaric Tokpa to replace Attorney Garrison Doldeh Yealue violates the act making the commission tenure position.
The Supreme Court has summoned the government and the GC head to a conference hearing scheduled for today, Wednesday February 28, 2024.
In its recent decision in the case Edward Kla Martin former executive director of the Liberian Anti-Corruption Commission vs the Liberian Government, the Supreme Court said, “That no public official has vested right to a public office except for those officers or offices that are clearly and expressly protected by the Constitution, which is not the case in the present petition.”
“WHEREFORE AND IN VIEW OF THE FOREGOING, the petitioner’s petition is denied. The Clerk of this Court is ordered to inform the parties in these proceedings of the decision of this Court. Costs are disallowed. AND IT IS HEREBY SO ORDERED.”
The GC head, Atty. Yealue had petitioned the Supreme Court to prohibit the Government from proceedings, contrary to law by nominating Prof Alaric Tokpa to the position of Chairman of the Commission, while his tenure is still active and effective for the period of four years.
Yealue’s petition argued that while he still enjoys his tenure position and exercising the functions and duties as Chairman of the said Commission for the period of four years, while his tenure is still in effect as enshrined in the Act that created the said Commission, and therefore he cannot be removed.
However, during activities leading to the conduct of the 2023 presidential and general elections, the Election Coordinating Committee (ECC), an independent election body accused Attorney Garrison Doldeh Yealue of violating the act that created the commission by openly campaigning for the re-election of former President George Weah.
The ECC, at one of its media briefing claims that Atty Yealue posted on Facebook page, expressing his support for President George Weah’s re-election bid contrary to Section 5.3.4 of the Governance Commission Act-which states that commissioners must maintain a non-partisan stance to prevent the commission’s agenda and processes from being influenced by political biases According to the ECC, Yealue’s actions violated Section 5.1.3 of the Code of Conduct for Public Officials, which explicitly prohibits public officials from engaging in political activities while in officeof Conduct for Public Officials, which explicitly prohibits public officials from engaging in political activities while in office.
ECC further claims in his Facebook post, he wrote: “I am personally endorsing President George M. Weah for re-election, and I will actively work to persuade my constituents to support him as well.
Yealue’s actions, according to Elections Coordinating Committee are troubling as it undermines the Commission, which is tasked with monitoring and evaluating the performance of governance institutions, assessing the overall governance framework, and evaluating the performance of the institutions that constitute Liberia’s governance infrastructure.
“It is unfortunate that Yealue is breaching the laws despite being aware that the commission’s responsibility is to promote good governance, formulate appropriate policies, and advocate for integrity at all levels of society and within both public and private institutions,” Oscar Bloh, ECC Chairperson said. Bloh added that if nothing to stop Yealu’s unlawful behavior, other public officials would follow, saying “Our governance system and practices have been challenged due to impunity and the lack of adherence to the rule of law.”
“Election does not guarantee democracy so it is the collective responsibility of civil society organizations including election obser4vation groups to confront practices and behaviors that undermine the quality of our democracy,” he said. Article 89 The following Autonomous Public Commissions are hereby established: Civil Service Commission; Elections Commission; and General Auditing Commission. The Legislature shall enact laws for the governance of these Commissions and create other agencies as may be necessary for the effective operation of Government.