-To proceed with its operation
By: G Bennie Bravo Johnson I On March 5, 2024, the President of the Republic of Liberia, President Joseph N. Boakai, issued Executive Order No. 126 wherein he established the Office of Assets Recovery, and then proceeded further by mandating the Office of Assets Recovery to identify stolen and suspicious assets within and outside of the borders of Liberia; investigate stolen assets; conduct criminal prosecution and then confiscate stolen assets both in and out of the bailiwick of the Republic of Liberia.
Following their establishment, the access recovery team immediately began their duty by ceasing vehicles belonging to Gracious Ride Transport Service. An act that caused the management of the Gracious Ride to file a petition of Prohibition against the access recovery team.
Praying for the court to grant their petition, they asserted that the establishment of the access recovery team unconstitutionally nullifies, over-rule and sets aside several Legislative statutes, including but not limited to Liberia Anti Money Laundering, and Countering Financing of Terrorism Act of 2021, Section 22.2 of the Executive Law creating the Ministry of Justice; and the LACC Act of 2022.
The petitioner argued that by mandating the Office of Assets Recovery to identify stolen and suspicious assets within and out of the borders of Liberia; investigate stolen assets; conduct criminal prosecution and then confiscate stolen assets both in and out of the bailiwick of the Republic of Liberia, the President is in patent violation of Article 3, Article 3 4(1), and Article 89, of the
Constitution, plus his sacred oath of Office as President which required him the President) to support, uphold, protect, and defend the Constitution and the laws of the Republic of Liberia.
In furtherance, the petitioners stated that Executive Order No.126 is repugnant to Article 3, Article 40, and Article 89, of the Constitution, in that the Executive is usurping and inter-meddling with the law-making authority of the Legislature by creating an Executive Order.
Meanwhile, Justice in Chamber, Justice Yussif D. Kaba, has declined to issue a writ of prohibition prayed for by the management of Gracious Ride after their vehicles had been impounded by the Asset Recovery Team.
Initially, Associate Justice Yussif issued a five-day ultimatum on the management of Gracious Ride to bring their title documents of the vehicle in question.
On April 8, 2024, the justice in the chamber said considering the attached communication from the respondent he cannot grant the petition prayer for a writ of prohibition.
He however reserved all right to the Asset Recovery team to proceed with whatever actions they have started in keeping with the law.
However, the petitioner in their amended petition said that the vehicles were acquired through its parent company the Anita Group of companies executed through a loan agreement with GBK Motors.
On Friday the management of Gracious amended their petition before the justice in-chamber on the ground that the first petition file lacks every legal substance.
Anita Pemala Jallah is the daughter of Liberia’s former chief of protocol madam Finda Bundoo who is serving as incorporator on the article of incorporation.
