Denies them writ of prohibition
By Jerromie S. Walters
The Supreme Court of Liberia has rejected a plea by the suspended Liberia Telecommunications Authority (LTA) Commissioners to overturn their suspension by President Joseph Boakai. The Court decision comes after the President suspended the entire Board of Commissioners on allegations of financial malfeasance within the institution.
President Boakai’s decision, made on April 26, 2024, also included the appointment of an acting Board of Commissioners to oversee the affairs of the LTA while an investigation is conducted. In response, the suspended Commissioners filed a bill of information and requested a writ of prohibition against the President’s actions.
However, the Supreme Court denied their appeal, leaving many wondering about the next steps in this legal battle between the President and the suspended LTA Commissioners. Historically, suspended Commissioners of the LTA have not been reinstated, as seen in similar cases under past administrations.
A writ of prohibition is a court order that prohibits a lower court or government official from taking a particular action. This writ is typically issued by a higher court to prevent an action that is outside the authority of the lower court or official, or that would result in an injustice.
With the Court’s recent decision, political pundits say the fate of the suspended Commissioners remains uncertain, even though they have frowned on the President’s decision to suspend them(LTA Commissioners).
On Sunday, April 27, 2024, one of the suspended Liberia Telecommunications Authority (LTA) Commissioners, Mr. James Gbarwea, told WomenVoices Newspaper, “We will let everything be with the court as we continue with our work. We will take it to the court.” The recent suspension of officials from the LTA and other government institutions sparked public outcry, as political pundits have considered it a witch hunt. This argument is backed by the fact that these officials just won the government at the Supreme Court of Liberia.
Critics say President Boakai is proceeding awkwardly even though these decisions have been hailed by his (President Boakai) supporters. They (Critics) say it has become visible to believe that it’s more of a displeasing copy and paste from past governments, while Weah remains Boakai’s blueprint.
Also on April 26, 2024, President Joseph Nyuma Boakai, Sr., suspended, Mr. Garrison Yealue, Chairperson, and Madam Elizabeth Dorkin, Commissioner of the Governance Commission with immediate effect for activities inconsistent with the Act creating the institution.
An Executive Mansion release noted that he further established a committee to investigate the matter and present a report, indicating his commitment to transparency and accountability. “President Boakai has asked the suspended officials to cooperate fully with the investigating team as this is in line with his commitment to fairness, accountability, and justice.”
Meanwhile, nothing has influenced more criticisms than President Boakai’s decision to appoint individuals to the posts that are occupied by the suspended officials.
Following the various suspensions, the Liberian Leader appointed Mr. Ambullah L. Kamara, Mrs. Angela Cassell Bush, Mr. Clarence K. Massaquoi, Mr. Ben A. Fofana, and Mr. Patrick Honnah as Acting Chairperson and Acting Commissioners respectively pending the finality of the General Auditing Commission’s audit. These are all individuals whose previous appointments were trashed by the Supreme Court
Last week, the Supreme Court of Liberia revoked all of President Joseph Boakai’s nominations at the Governance Commission (GC), the Liberia Telecommunications Authority (LTA), and the National Identification Registry (NIR). According to the High Court ruling, President Boakai wrongly proceeded to nominate people at unexpired tenure positions.
The ruling intimated that the President does not have the power to nominate an Executive Director to the National Identification Registry rather it is the responsibility of the Board of the NIR. Following the Court ruling, President Joseph Nyuma Boakai, Sr., welcomed the decision by the Supreme Court. He also reaffirmed his commitment to upholding the rule of law and will, therefore, honor the rulings of the High Court. An Executive Mansion release noted that President Boakai believes that strict adherence to the rule of law is fundamental to strengthening institutions and building a vibrant democracy.
However, he took a new trend a day after, with the suspension of those he was defeated by at the Supreme Court. President Joseph Nyuma Boakai’s decision doesn’t appear strange in Liberia’s body politics, as it was portrayed by the last two immediate ex-presidents of Liberia, especially in the case of the LTA. This has made many Liberians believe that Mr. Boakai is doing business as usual.
In early May 2009, former President Ellen Johnson-Sirleaf gave a 24-hour ultimatum to all Commissioners at the Liberian Telecommunication Authority (LTA) to tender their resignation or be sacked, saying that they contributed to the 2008/09 budget shortfall.
This decision came after the former president told the commissioners and employees of the entity at the time that they delayed revenue generation at the LTA for almost 18 months. Following this, Madam Sirleaf also reconstituted a new Board of Commissioners of the LTA.
Conspiscously, on June 5, 2020, former president George Weahsuspended the Chairman of the Liberia Telecommunications Authority (LTA), Ivan G. Brown for time indefinite with immediate effect (Without pay(.
An Executive Mansion release noted that Mr. Brown was suspended for administrative reasons including his conspiratorial and unethical activities as chairman of the Liberia Telecommunications Authority. The suspended LTA Chairman was advised to turn over all properties of the Authority in his possession and he was replaced with an Acting Chairperson as President Boakai did recently.
Like Madam Sirleaf and ex-President George Weah, on April 26, 2024, President Joseph Nyuma Boakai, Sr., suspended, with immediate effect, Madam Edwina C. Zackpah, Mr. Israel Akinsanya, Mr. Zotawon D. Titus, Mr. James Gbarwea, and Mr. Osborne K. Diggs, Chairperson and Commissioners respectively of the Liberia Telecommunication Authority for allegations of questionable financial transactions and other malpractices at the Authority.
Meanwhile, the Act of 2007 that established the LTA, provides that: “(1) A person may not be removed from office as a Commissioner or Chairman, or from any other office that is made subject to this Section, before the completion of his or her term of appointment unless the person: (a) at the time of appointment, or while holding the position of Commissioner, Chairman, or other office, has a conviction or is convicted for any offense in Liberia or elsewhere: i) under criminal law; ii) involving dishonesty or corruption; and iii) where the penalty for such offense includes imprisonment for one year or longer (irrespective of whether such penalty has been or is imposed concerning such conviction).
