Home Governance Boakai Succumbs!… Says “Straight Adherence to Rule of Law Builds Vibrant Democracy”

Boakai Succumbs!… Says “Straight Adherence to Rule of Law Builds Vibrant Democracy”

by newsmanager

MONROIVA: Elected on the mantra of “ARREST,” which called for the respect of the rule of law, President Joseph Nyuma Boakai yesterday, April 25, 2024, formally welcomed the ruling of the Supreme Court of Liberia relative to his recent nominations of people to tenure positions in government.

Confirming the President’s acceptance of the Supreme Court’s ruling, the Executive Mansion, in a statement, reaffirmed the Liberian leader’s commitment to “upholding the rule of law and will, therefore, honor the rulings of the High Court.”

The Executive Mansion’s statement maintained that “President Boakai believes that straight adherence to the rule of law is fundamental to strengthening institutions and building a vibrant democracy.”

“This principle”, he noted, “is at the core of the government’s ARREST AGENDA that focuses on Agriculture, Roads, Rule of Law, Education, Sanitation, and Tourism.”

The President further pointed out that “the rulings of the Supreme Court also sets a significant benchmark for administrative actions and the procedures leading thereto.”

“That benchmark”, President Boakai says, “will have significant implications for all government agencies and the country as a whole.”

The Supreme Court’s ruling was delivered following President Boakai’s decision to nominate officials to the Liberia National Lottery Authority, Governance Commission, National Identification Registry and Liberia Telecommunications Authority, among others.

“These cases were lost based on procedural errors on the part of President Joseph Nyuma Boakai in nominating individuals to these positions,” according to a Supreme Court ruling on Wednesday, April 24, 2024.

“There being no showing of the existence of any of the conditions for the petitioners’ removal from office as stipulated in the Acts Creating the respective entities to which the petitioners are appointed, their said removal from office prior to the expiry of their tenures without due process is “ultra vires,” the Supreme Court told the Liberian Nation.

“This decision also affirmed the alternative Writ of Prohibition issued by Justice in Chambers and granted the peremptory writ prayed for by the petitioners,” the Supreme Court opined.

However, the government managed to win just one out of the four cases. The win was against Professor Wilson K. Tarpeh, who had been claiming a tenure position at the state-owned Environmental Protection Agency (EPA).

The Court said the petitioners’ rights were violated, noting that tenure should be respected while unexpired.
The Court decision means that the petitioners, Andrew Peters of the National Identification Registry; Atty Garrison Yealue of the Governance Commission; Edwina Crump Zackpah of the Liberia Telecommunications Authority (LTA), and Reginald Nagbe of the National Lottery Authority, will remain in their respective positions and at the same time, accorded due process as provided by law.

Using Article 89 of the Constitution of Liberia and Article 56, as its reliance, the Supreme Court opined that nominating persons to the petitioners’ positions while their tenures are still in force and unexpired is tantamount to their removal from offices.

“The nominations giving rise to these petitions are hereby ordered revoked,” the High Court declared.

Earlier to the court’s ruling, the government and the heads of the five agencies have been in a legal feud over the legitimacy of the tenure positions.

The four victorious petitioners who filed separate cases at the Supreme Court against President Boakai’s decision to appoint individuals to various agencies argued that it was a violation of their rights and the Acts establishing these institutions for nominations to be made to tenure positions while their terms have not yet expired.

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