Justice-In-Chambers Kaba issues Writ of Prohibition On Tenure Cases At LTA, GC and EPA

The Chamber Justice of the Supreme Court of Liberia has issued an Alternative Writ of Prohibition on three tenure positions at government institutions.

The Alternative Writ of Prohibition must state generally the al- legation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, or to show cause before such court.

This come as a result of petitions filed by  Garrison Yealue, Chairperson of the Governance Commission(GC), Prof. Wilson Tarpeh, former Director of the Environmental Protection Agency(EPA), Liberia Telecommunications Authority(LTA) Commissioners- Edwina Crump Zackpah ( Chairperson), Israel Akinsanya, James Gharwen, Zatowon Titus and Osborne Diggs before Justice Yussif D. Kaba against the Government of Liberia(GoL).

During the conference on Monday, March 12, 2024, Justice Kaba instructed the government to file in their returns and appear on March 23, 2024 at the hour of 4:00 PM to show cause why the court should not grant the petition.

“You are hereby commanded to notify the Executive Branch of Government of the Republic of Liberia by and thru the Ministry of Justice and all Prosecutors of the Ministry of Justice, Republic of Liberia, and Abdullah Kamara, Patrick Honnah, Clarence Kortu Massaquoi, Ben A. Fofana, and Angela Bush Cassel, RESPONDENTS in the above entitled cause of action, to appear (by filing their returns) before His Honor Yussif D. Kaba, Associate Justice of the Honorable Supreme Court of the Republic of Liberia, presiding in Chambers, at the Supreme Court Room, Temple of Justice, on/or before March 23, 2024, at the hour of 4:00 p.m., to show cause why the Petitioner petition as prayed for should not be granted,” Justice Kaba further instructed.

He continued: “You are further commanded to instruct the Respondents herein to file their returns to this Writ, in the Office of the Clerk of this Honorable Court, on/or before the said 23" day of March, A. D. 2024; and to read to them the original, and leave a copy of the Writ of PROHIBITION with the RESPONDENTS.”

As per Justice Kaba's stay order, these individuals nominated by President Joseph Nyuma  Boakai  will be on hold till the court can dispose of the matter as provided by law.

Atty. Garrison Yealue, Chairperson of the Governance Commission, Prof. Wilson Tarpeh, former Executive Director of the Environmental Agency and LTA Chairperson Madam Edwina Crump-Zackpah & others have since questioned President Boakai's decision when he nominated those individuals to their respective positions.

The petitioners through their lawyers filed three separate accounts to the High Court, saying that their clients' positions are tenure positions and cannot be removed as provided by law.

It can be recalled that the Chambers-In-Justice withheld those government institutions tenure positions due to the absence of the Ministry of Justice- Cllr. Natu Oswald Tweh  who is the prosecuting arm of the executive.

According to the petitioner, President Boakai’s action by appointing individuals to tenure positions is unlawful and violates the Act establishing the Governance Commission and 2007 Liberia Telecommunications Authority.

The Governance Commission contented that  the prohibition is the appropriate remedy to stop the Government of the Republic of Liberia from proceeding contrary to law by nominating Prof. Alaric Tokpa as Chairman of the Commission while his tenure is still active and effective for four years in said autonomous agency as provided for by the Article 89 of the Liberian Constitution, which gives rise to the creation of the Governance Commission. 

At the same time, LTA Commissioners prayed that Justice- In-Chambers grants the Writ of Prohibition by preventing the unlawful removal of the commissioners and upholding the principles of justice and legality.

They contended that the Liberia Telecommunications ACT of 2007 says that a person serving as commissioner or Chairman may not be removed from office before the completion of his or her term of appointment without cause as defined by the act, adding  that their tenure will expire in December 2026.

Interestingly, Article 56 (a) of the 1986 Constitution of Liberia indicates that officials working in the Executive Branch of Government should work at the will and pleasure of the President.

It states that “All cabinet ministers, deputy, and assistant cabinet ministers, ambassadors, ministers, and consuls, superintendents of counties and other government officials, both military and civilian, appointed by the President according to this Constitution shall hold their offices at the pleasure of the President.’’