Rédaction Africa Links 24 with Wilson
Published on 2024-03-01 07:50:40
In recent news from Monrovia, the Chamber Justice of the Supreme Court of Liberia has made a decision regarding tenure positions at the Governance Commission (GC) and the Liberia Telecommunications Authority (LTA) due to the absence of the Ministry of Justice, the prosecutorial branch of the executive branch. The decision comes after concerns were raised about President Boakai’s appointee allegedly violating the legislation that created the LTA.
Five Commissioners of the LTA along with Mr. Garrison Yealue, Chairman of the Good Governance Commission, filed a petition for a Writ of Prohibition in an attempt to halt the appointment. With the absence of the newly appointed Minister of Justice, Justice Yussif Kaba issued the Writ of Prohibition during a conference, withholding the nomination as sought.
The case has brought attention to the tenure status of Cllr. Edward KlaMartin, who previously served as the executive director of the Liberian Anti-Corruption Commission (LACC). The issue of tenure positions has resurfaced, although a date for the matter to be heard by the high court justice-in-chamber has not been announced.
In a recent Supreme Court precedent case regarding Cllr. Martin’s tenure status, Justice Sie-A-Nyene Yuo emphasized that, with certain exceptions specified by the constitution, no Liberian is eligible to hold any public office. She also stated that no public official, unless their position is protected by the Constitution, has a guaranteed right to hold a public office.
Garrison Yealue and the LTA commissioners have declared President Boakai’s actions as illegal and in violation of the 2007 Liberia Telecommunications Authority Act. They argue that the appointment of Prof. Alaric Tokpa as Chairman of the Commission while he is still serving his four-year term as an autonomous agency, as stated in Article 89 of the Liberian Constitution, is against the law.
Simultaneously, the LTA Commissioners are seeking approval from Justice In-Chamber for the Writ of Prohibition to prevent their dismissal and uphold legal standards. They point out that the Liberia Telecommunications Act of 2007 prohibits the removal of Commissioners or Chairman before the end of their term, which in this case is December 2026, unless specific circumstances outlined in the act occur.
However, Article 56(a) of the Liberian Constitution from 1986 asserts that employees of the Executive arm of the government are subject to the President’s discretion. This means that government officials appointed by the President, including ministers and commissioners, serve at the pleasure of the President.
The ongoing legal dispute raises important questions about governance, legality, and adherence to constitutional provisions in Liberia. As the case unfolds, it will be interesting to see how the courts navigate these complex issues and make decisions that uphold the rule of law.
Read the original article on New Republic Liberia
