The Supreme Court of Liberia is set to delve into a contentious legal battle on Thursday, July 4, 2024, as it considers the validity of President Joseph N. Boakai’s Executive Order No. 126, which established the asset recovery and property retrieval office.
President Boakai’s administration introduced Executive Order #126 on March 6, 2024, with the aim of enhancing credibility, accountability, and transparency in the governance process. The order established the Office of asset recovery and property retrieval, under the leadership of the Minister of State for Special Services.
The Assets Recovery Task Force, formed as part of this initiative, was tasked with developing a legal framework for the recovery of assets acquired unlawfully by current and former government officials. However, the Task Force faced a setback on Thursday, March 28, when the court issued a temporary halt on further seizures until a pending conference on a Writ of Prohibition filed by the management of Gracious Ride Incorporated was addressed.
Gracious Ride Incorporated, a company known for its fleet of taxis, found itself in the crosshairs of the Assets Recovery Task Force, which alleged that the vehicles had been obtained through fraudulent means by a former high-ranking government official. The Task Force specifically pointed fingers at Madam FindaBundoo, the former Chief of Protocol under President George Weah’s administration.
As the legal battle unfolds in the Supreme Court, the outcome of this case could have far-reaching implications for the asset recovery process and the broader fight against corruption in Liberia. The decision will not only impact the fate of Gracious Ride Incorporated but also set a precedent for future asset recovery efforts in the country. Stay tuned as the Supreme Court hears arguments from both sides in this high-stakes legal dispute.
The Gracious Ride brought an appeal to Justice in-Chamber Yusuf D. Kaba, questioning the validity of the presidentially-appointed committee tasked with tracking down illicit assets—a duty of the Liberia Anti-corruption Commission (LACC).
LACC was re-established by an act of legislation in 2022, with the mandate to look into and prosecute crimes of corruption and educate the public about the negative consequences of corruption and the advantages of its eradication. Furthermore, the act grants the LACC direct prosecution authority to pursue cases involving allegations or individuals charged with corruption.
The assets recovery team was instructed to continue its operations after the institution’s request for a writ of prohibition to be issued by the high court chamber justice was denied.
Disappointed with Justice Kaba’s dismissal decision at the time, the car service “Excepted” the decision and appealed to the Supreme Court’s entire bench. The business maintained that since the President did not have the authority to form an Asset Recovery Team, the group ought to disband.
However, it is alleged that 98 percent of the evidence demonstrates that Gracious Ride obtained automobiles through dishonest ways, the reason for the challenge to the team operations.
In answer to the petition before the full bench, the Ministry of Justice and LACC stated that the petitioner must mention the relevant legal sections verbatim under the fundamental legal concept.
Gracious Ride neglected to specify the precise sections of the LACC Act of 2022, section 22.2 of the New Executive Law, and the Anti-Money-Laundering and Counterfeiting Financing Act of 2021 that Executive Order N0.126 violates.
According to the government, legal team, Gracious Ride management lacks the legal status and authority to bring such a petition before this Honorable Court.
They further argued that the issuance of Executive Order is a quasi- Legislative and judicial lawmaking authority and power granted to the President of Liberia by the 1986 Constitution, chapters 4 and 5 to eliminate the misuse of government resources and other corrupt practices.
The Asset Recovery team has been taken to court more than three times since President Boakai formed this institution.
Because they were unable to identify any constitutional clauses that would have made the President’s Executive Order No. 126, which established the Task Force, unlawful, the task force and the Ministry of Justice petitioned to have the Gracious Ride petition removed from the court docket.
Meanwhile, the high court will entertain legal arguments in the matter as both parties will appear before the court on Thursday.
