Editorial: Pres. Boakai’s Appointments To Actively Occupied Tenured Positions: The Test Of The UP Leader’s Commitment To Good Governance And The Rule Of Law

𝐎𝐍 𝐓𝐔𝐄𝐒𝐃𝐀𝐘, 𝐅𝐄𝐁𝐑𝐔𝐀𝐑𝐘 20, 2024, President Boakai nominated several individuals to the Liberia Telecommunication Authority (LTA), Governance Commission, National Lottery Authority, Environmental Protection Agency (EPA), National Identification Registry, but the Center for Transparency and Accountability in Liberia (CENTAL) has expressed concern that these appointments are being made without regard for tenure security provided in relevant laws.

𝐓𝐇𝐄 𝐏𝐑𝐎𝐆𝐑𝐀𝐌 𝐌𝐀𝐍𝐀𝐆𝐄𝐑 𝐨𝐟 𝐂𝐄𝐍𝐓𝐀𝐋, Atty. Gerald D. Yeakula, on Wednesday, February 21, 2024 underscored that tenure security is a settled matter, and that interferences with it in the form of appointments to positions of active tenures are unlawful. “In the case Martin Sallie Kollie vs the Executive Branch of the Government of the Republic of Liberia, the Supreme Court of Liberia upheld the sanctity of tenure against an illegitimate exercise of presidential appointment. Then President George M. Weah had nominated a Director General of the National Lottery Authority (NLA) when, in fact, Mr. Kollie, had been commissioned by former President Ellen Johnson-Sirleaf, prior to the election of President Weah. The Court ruled that the appointment was illegitimate since the NLA Director General had a secured tenure of four (4) years, as prescribed by the Legislature,” Atty. Yeakula recalled.

𝐀𝐂𝐂𝐎𝐑𝐃𝐈𝐍𝐆 𝐓𝐎 𝐇𝐈𝐌, the power of the Legislature to insulate public positions against removal by the will and pleasure of the President was further interpreted to include the power to legislate officials out of office through a legislative act. Hence, he said, in the case “In Re: The Constitutionality Of Sections 16.1 And 16.2 Of The Act To Amend And Restate An Act To Establish The Liberia Anti-Corruption Commission And To Re-Establish The Liberia Anti-Corruption Commission”, the Supreme Court held that tenured positions, which are creatures of the Legislature, can be divested of tenure by the Legislature. Further, it emphasized that positions Constitutionally protected by tenure and, therefore, immune to legislative manipulation are clearly stated in the Constitution, and includes positions of President, Vice, President, Chief Justice, Associate Justices, legislators, judges of subordinate courts of records etc. For such categories of public officials, only the Liberian people, acting through a referendum, can remove or amend their tenures. “Simply put, Constitutionally protected tenures can only be removed without cause by the people of Liberia, and legislatively enacted tenures can only be removed without cause by the Legislature. Where cause exists for removal, different competent authorities to effect removal have been designated,” he stated.

𝐓𝐇𝐄 𝐂𝐄𝐍𝐓𝐀𝐋 𝐏𝐑𝐎𝐆𝐑𝐀𝐌 Director thus expressed dismay about the decision of President Boakai to appoint persons to actively occupied tenured positions. “The action of the President does not only violate relevant laws, as enacted by the Legislature and interpreted by the Supreme Court, but undermines the tenets of good governance, which tenures seek to promote and defend. This is particularly true in the case of public integrity institutions whose leaderships are required to act with utmost independence, impartiality, and void of political interferences. Given President Boakai’s professed commitment to good governance and the fight against corruption, it is of great importance that his actions are consistent with what he professes. Liberia cannot afford a continuation of disregard for the rule of law and promotion of political interests, at the expense of our hard-fought-for and growing democracy. We cannot continue to repeat the same mistakes of yesterday when such can clearly be avoided. If business must not be as usual, keen attention must be paid to the excesses of yesterday with an eye to averting recurrence,” Atty. Yeakula observed.