– As Human Rights Commissioner challenges its legality
A commissioner of the Independent National Commission on Human Rights (INCHR) has publicly questioned the legal basis for the Office of the Ombudsman’s recent imposition of $1,000 fines on multiple government officials, sparking a debate about enforcement powers under Liberia’s Code of Conduct.
INCHR Commissioner Atty. Mohammed El-dust Fahnbulleh contends that Parts 14 (“Infringement”) and 15 (“Sanctions”) of the Code of Conduct only permit penalties after a formal determination of wrongdoing – not for procedural matters like hearing attendance.
“The Code requires judgment of wrongdoing before fines can be imposed,” Fahnbulleh stated. “I find it concerning that officials are being fined $1,000 for non-attendance when even violating a presidential proclamation carries just a $100 penalty.”
Controversial Penalties
The dispute follows weekend announcements that 20 senior officials – including Labor Minister Cllr. Cooper Kruah, LPRC Managing Director Amos B. Tweh, and NPA Board Chair J. Luther Tarpeh – were each fined $1,000 for failing to appear at Ombudsman hearings regarding alleged violations of Part V (“Political Participation”) of the Code of Conduct.
The sanctioned officials, all presidential appointees, had reportedly requested multiple postponements through Henry’s Law Firm before ultimately missing their scheduled appearances without notice.
Fahnbulleh emphasized that affected officials serve at the president’s pleasure under Chapter 10 of the Executive Law and Articles 50/54 of the Constitution. He questioned whether the Ombudsman has regulatory authority to establish such fines independently.
“Where is this $1,000 penalty authorized? At the Supreme Court, we don’t see fines of this magnitude for non-appearance,” the commissioner challenged. “Is there a supporting regulation we’re not aware of?”
Pending Compliance Deadline
Despite the controversy, the Ombudsman has ordered all fined officials to appear this Wednesday, April 9, at 10 AM. The office maintains that public officials must uphold ethical standards, particularly regarding: Avoiding political campaign activities, Prohibited use of government resources, and Service on political campaign teams. Other penalized officials include Deputy Minister Cornelia Kruah-Togba, Montserrado County Superintendent Whroway Bryant, and LTA Commissioner Ben A. Fofana.
