Laws & Order

– Chief Justice Vows Not Appear Before Lawmakers To Defend Judiciary Budget

IPNEWS: Feedback on capitol hill does not look good for the sustenance of the separation of powers, especially in the wake of defiance by Chief Justice Sie-A-Nyene G. Yuoh not to appear before the Liberian Legislature to defend the budget of the judiciary, stressing that the President does not appear before lawmakers to defend his budget, thus, she will not.

“In as much as the President cannot appear before them to defend his budget, we will not appear before them to defend ours,” Chief Justice Yuoh said in a statement at the just-ended African Regional Meeting of the International Association of Judges held at the EJS Ministerial Complex in Monrovia’s Congo Town suburb.

Her comment followed a presentation made by the Chief Judge of the commercial court Eva Mappy Morgan on the topic, Salaries and Benefits: the Impact on an Independent Judiciary System.

Chief Justice Youh, said the present Supreme Court has already had talks with the presidency setting up talking points beginning with the financial antimony act of the judiciary; inform them about the pending case of the association of trial judges, the law regarding salaries of justice of the supreme courts judges and they are not backing.

“The only thing we are waiting for now because we told them (Legislature) no uncertain terms that We are not begging to be given money but according to the budget law, the three branches of government are participatory within that process at such you cannot impose on the judiciary,” Chief Justice Sie-A-Nene G. Youh, said.

According to her, there are laws and everything was by laws saying if the judiciary cannot participate than the budget law will be scrap down.

“If the judiciary cannot be informed as to the purposes or reasons why they have been given certain amount or percentage of the budget, we have the inherent power to scrap that budget law down,” the Chief Justice noted.

She went on to say that the judiciary is a full branch of government and not a segment of the executive at such they will not defend their budget.

Chief Justice Sie-A-Nene G. Youh said it is the constitution that state that the chief justice shall made salary the same as the vice president adding that as a precedent where the chief justice is, the associate justice comes with certain percentage, then the judges and the magistrates.

“We want to start from there and we will not relent,” she noted.

Last week, Chief Justice Sie-A-Nyene Gyapay Yuoh threatened to stop the budget law if the 55th Legislature fails to explain why the judiciary Branch of Government continues to receive low budgetary allocation.

Speaking Thursday at the ongoing International Conference of Judges hosted by the National Association of Trial Judges of Liberia Chief Justice Yuoh, said the judiciary is a branch of government and not a segment of the executive that should be questioned about her budget.

Justice Yuoh, added that the president, the speaker and the pro-term of the house of representative are not subjected to defending their budgets so as the judiciary which is a separate branch of government.

According to her, the judiciary is not begging to be given money, as all dollars or cents sent to the judiciary is required by law, stating that the judiciary law requires that the chief justice shall make a salary in line with the vice president of the republic.

Chief Justice Sie-A-Nyene Gyapay Yuoh, maintained that if the judiciary cannot be informed as to why it is given lesser amounts, they have the adherence power to stop the budget law.

On Wednesday, May 8, 2024, Justice Kaba stated that this action by political people he termed as heavyweight undermines the impartiality and integrity of the judiciary.

Speaking on a topic ‘Reflecting on Judicial Independence and Justice for All in a Democratic State within the African Context’,  Associate Justice Yusif D. Kaba said the continued political interference by political actors to influence judicial decisions or control the appointment, promotion or removal of Judges for their own political gains, it erodes the fundamental principles of separation of powers and the rule of law.

“This interference can manifest in various forms and such as:

Appointment of Judges in some cases, political leader appoints judges based on loyalty rather than merit, compromising the Judiciary’s and erode public trust in the judiciary’s ability to deliver impartial justice.”

Justice Kaba further named case fixing as another political interference can extend to specific cases where powerful individuals or interests pressure judges to rule in a certain way to advance their political agenda or protect their interests which undermines the fairness and credibility of the judicial process.

He also added that another way the Judiciary can experience interference is budget control where the government through the branches of government namely Legislature and Executive control the judiciary’s budget can wield significant influence over its operations including the allocation of resources, infrastructure and staff.

Justice Kaba, furthermore, call for Judicial autonomy to put an end to the continue challenges that continues to hinder the Judiciary to properly function independently.

The legal luminary named ‘retaliation’ as another Judiciary interference cited by Justice Kaba where judges who ruled against the government or ruling party may face threats, intimidation or even removal from office as a form of retaliation. This climate of fear can deter judges from upholding the rule of law and dispensing justice without bias.

According to Justice Kaba, Legislative interference played a great impact with the independence of judiciary because political actors may pass laws that restrict judicial independence, such as limiting the jurisdiction of courts, altering judicial procedures, or imposing arbitrary disciplinary measures on judges. These Legislative measures can weaken the judiciary’s ability to act as a check on government power.

“Addressing political interference in the judiciary requires a multi-faceted approach that involves strengthening legal safeguards, promoting transparency and accountability, and fostering a culture of judicial independence the Supreme Court Justice added. International Standards, such as the United Nations basic principles on the independence of the judiciary, provide guidance on safeguarding judicial independence and resisting political pressures,” he said. Courtesy of Garmah Never Lomo, garmahlomo@gmail.com

…Calls For Urgent Probe

IPNEWS: Amid smells of corruption and abuse of authority at the Office of Asset Recovery and Property Retrieval Taskforce (AREPT), which prompted the sudden resignation of a key member of the Taskforce, the National Civil Society Council of Liberia (NCSCL) has raised a red flag and called for an immediate probe into the matter of “serious public concern.”

The CSO Council in a statement signed by Chairperson Madam Loretta Alethea Pope-Kai said the allegation levied by a member in person of Activist Martin K.N. Kollie against Chairperson Cllr. Edwin Kla Martin in a communication, are seriously scaring for an institution that was established to boost the fight against corruption and ensure honesty in the governance process with the redemption of stolen wealth.

Establishment of the Taskforce:

In an effort to restore credibility, accountability, and transparency in the governance process, President Joseph Nyuma Boakai Sr. on March 5, 2024 issued Executive Order #126, for the retrieval and recovery of national assets.

The order established an Assets Recovery Task Force and an Office under the Minister of State for Special Services, with the mandate to put into place the necessary legal framework for the recovery of assets wrongfully acquired by current and former government officials. President Boakai stated that the order is issued with the intent to retrieve, recover, restore, and reinstate fixed and liquid assets from within and outside Liberia that have been converted to private use by unscrupulous government officials and employees who were placed in positions of trust. The decision aims to address the alarming trend of officials converting public assets to private use while in positions of power.

The Taskforce is also required to initiate criminal prosecution and civil litigation on behalf of the Government, return confiscated assets to Liberia upon adjudication, and place travel and other restrictions on all individuals identified as suspects while undergoing investigation for stolen and suspicious assets.

Taskforce slips into “corruption web”

Evident by a communication from Member Martin K.N. Kollie to the Chairperson of the Taskforce, occasioned by the immediate resignation of another member in Emmanuel Gonquoi, the integrity of the taskforce seems to have been thwarted. It seems that the integrity of the taskforce is at stake.

In a communication dated May 5, 2024 by Mr. Kollie addressed to Chairperson Kla Martin, a copy which is in the possession of this paper, he (Kollie) indicated that the Taskforce has been unable to achieve anything substantial due to lack of communication and coordination; lack of consensus and c commonality; lack of methodological framework to operate, lack of mutual respect, motivation, and refusal to prioritize EXPERTISE over inadequacy; and lack of leadership and a clear vision.

Kollie also alarmed over the he abrupt, arbitrary arrest and subsequent seizure of “Grace Ride” and the hasty and unauthorized expenditure of US$9,800 per month for “billboards.”

He also decried the signing of a US$311,200 lease agreement to rent an office space for taskforce without even discussing the decision with any member of the taskforce or without any process of the Public Procurement and Concession Commission (PPCC).

“The crafting of AREPT’s budget, to date, some of us, AREPT’s members, haven’t seen that fiscal instrument as though it’s a society bush. Shouldn’t this be discussed and debated by ALL commissioners of AREPT? The signing of a US$311,200 lease agreement to rent an office space for AREPT without even discussing this decision with everyone is a concern. This is very concerning. After signing this lease agreement, you sent me a note this evening that a US5311,200 deal was reached,” said Kollie in his letter.

Gonquoi resigns amid claims of corruption:

With activities of the Taskforce already receiving thoughtful public lashes, thus prompting key policymakers including the Speaker of the House of Representatives Jonathan Fonati Koffa calling for reconstitution of the Committee with its mandates redefined, the recent allegation of corruption has further exacerbated the problem, especially so, on the immediate resignation of Gonquoi on the heels of these allegations and infightings.

Gonquoi in a post on his official Facebook page wrote: “I just stepped down from the Assets Recovery Code Team by submitting my official letter of resignation to the office of the President. I’m particularly grateful to the president for always trusting me and my leadership. I’m still committed to your agenda, not just as a leader of the EFFL but also as your son. I believe in your agenda for better Liberia, and you can count on me as always for support. We will think of Liberia, love Liberia, and build Liberia together.”

CSO Council concerned about developments, wants immediate and impartial probe

The National Civil Society Council of Liberia (NCSCL) commonly known as the CSO Council, on the back of these developments has released a short statement calling for an immediate and impartial investigation as these allegations are grave and cannot or should not be taken lightly.

The CSO Council is the umbrella organization for all civil society organizations in the country.

“The National Civil Society Council of Liberia has been following the developments at the Asset Recovery and Property Retrieval Taskforce (AREPT), and we think there is a need for urgent investigation into this matter. With the taskforce being clothed with the responsibility to restore public confidence in the governance process of this country, such news is disturbing and if nothing is done at all to investigate this issue, we are poised to lose all future fights against corruption,” the Council noted.

“To this end, the Council calls on the requisite authority to take charge of this matter so as to restore the sanity of the Taskforce and to restore public confidence in it.”

IPNEWS: An Independent Probe investigation has uncovered that at least 400 underrated persons with ties to former ruling Congress for Democratic Change (CDC) infiltrated the ranks of the Liberia National Police.

Sources tell the authoritative Independent Probe Newspaper that the 400 underrated persons were forced into the LNP on orders of former Chief of Protocol Finda Bondo alias ‘Resue Mother’ during the regime of former President George Manneh Weah. Even though Madam Bondoo is yet to speak on the matter after an inquest by IPNEWS, however, several sources confided in the authoritative Independent Probe that Madam Bondoo had paid these officers singlehandedly over the last three years with many taking up assignment at various zones and Depots across Liberia, including Lofa, Nimba, Montserrado, River Gee, Grand Gedeh counties.

Interestingly, none of the infiltrated persons were placed on the government official supplementary payroll of the Liberia National Police by former Police IG Patrick Sudue, sparking concerns by police Inspector General Gergory Coleman, prompting an investigation into the matter.

At the moment, police sources tell IPNEWS that a SWAT team constituted by Police Inspector General have apprehended several others and investigation are underway.

A source with close ties to the SWAT team tells IPNEWS that many of the infiltrated persons were hidden criminals and former officers who had been disrobed for unprofessionalism within the LNP and discharged during the Police reform process initiated by the United Nations in 2007.

Police Inspector General Gergory Coleman, at a confirmation hearing in February 2024, promised to initiate an ambitious investigative initiative to bring to book perpetrators of crimes committed in recent years that were unresolved and inconclusive.

IG Coleman stated that the LNP has put together a robust strategy on combating the wave of crimes that have taken place across the country in recent times, especially prior to the ascendency of the Unity party-led government.

As part of this strategy, Police Chief Gregory Coleman launched an unprecedented crackdown on crime, aligned with President Boakai’s promise to uphold justice and the rule of law especially in the resolution of cold cases and tackling increasing crime rates in the country.

The initiative highlighted long-standing unresolved cases like the Odell Sherman Case, Princess Cooper Case, and other mysterious deaths, signifying a shift towards transparency and accountability within the Liberian National Police.

Col. Coleman stated that he will ensure a culture of excellence, respect, and justice for all will be at the heart of the reform Police, stressing that there will be more investment in training and professional development of personnel of the LNP to have the necessary skills and knowledge to serve the community effectively.

The presidential nominee said the interactions of the police under his administration will be rooted in respect for the dignity and rights of every individual they encounter.

Col. Coleman further promised to hold officers accountable for their actions, and high standards of professionalism and integrity.

“My whole life has been shaped by public service and the virtues of faith, family, and hard work. Over the years, I have significantly contributed through teams of professionals towards strengthening the integrity of the institution, gaining the trust and legitimacy of the community, increasing accountability, and attracting the admiration of the force at the local and international levels,”

“The police force is inheriting its share of criticism and mistrust; however, we shall restore faith and confidence within the Liberia National Police.” Col. Coleman said.

—- As UP Chair, CDC, Others Call for No Go Zone Revision 

IPNEWS: There seems a high potential for violence over recent mandate by police authorities for a ‘no go zone’ for motorcyclist plying major roads in Liberia’s capital Monrovia.

Ahead of the government expected enforcement of the ‘no go zone’ for motorcyclist on Wednesday, May 15, leaders of motorcyclist and tricycles have called for an indefinite strike action beginning Monday, May 13, across Montserrado county.

The spokesman for the Motorcyclist and Tricycles Trokon Reginald Gray, AKA Yellow Machine, calls on all motorcyclist and tricyclist to assemble at the grounds of the Legislature dress in white signifying peace in demand of jobs.

Gray stated that it is heartless for the government to place a ‘no go zone’ on this due the lack of jobs to feed their families even after tireless period of hard campaign to see the coming to being of the Joseph Boakai’s administration.

“I heard the Police Director saying he has pepper spray, hot water truck to ensure no motorcyclist of tricyclist ride in Monrovia, but we will not wait for his ultimatum for Wednesday, May 15, we will park our motorbikes. My fellow colleagues, we will park our bikes and march to the capital building well-dressed to demand jobs. Tell all your friends, this is a national call, and we must demand jobs as citizens and taxes payers of this country.” Trokon Reginald Gray, said amidst cheers of supporters under the slogan ‘touch on touch all’.

Amidst the potential for violence, Unity Party’s Chairman, Rev. J. Luther Tarpeh, alarmed for an immediate intervention by Vice President Jeremiah Koung to easing growing tension between the Liberia National Police and commercial motorcyclists nationwide.

In a communication to Vice President Koung, Rev. Tarpeh, stated appeals to the government to relinquish its plan to ban motorcyclists and tricyclists from plying the principal streets of Monrovia.

According to him timeliness of the action is worrisome and should be revisited to avoid problem.

He says although the government’s measures are meant to promote safety and orderliness in the capital, its timing could be misconstrued as an act of ungratefulness to young men, who overwhelmingly supported the Rescue Mission during the 2023 election that brought President Joseph Boakai to the Liberian Presidency.

“Mr. Vice President, I write to draw your attention to the growing tension between the Liberian National Police (LNP) and the commercial motorcyclists since the LNP proposed a ban preventing motorcyclists from accessing main streets in Monrovia, beginning May 15, 2024”, the Chairman’s communication reads.

“Several of them traveled with us everywhere at their own expense on the campaign trail because they wanted better living conditions for themselves and their families. I remain optimistic about our government’s economic deliverable to the people of Liberia very soon.”

However, he cautions that the timing of this mandate is worrisome, as implementation may affect bread-and-butter issues for young people in the sector, the majority of whom are jobless.

Tarpeh maintains that VP Koung’s timely intervention cannot be overemphasized to help ease growing tension on this matter, as opposition politicians are gearing up to capitalize on the police mandate to turn the people against the Boakai-led government.

He, at the same time, proposes to Vice President Jeremiah Koung to convene a roundtable between the Liberia National Police and motorcyclists to find common ground and discuss safety issues in the traffic instead of banning them from plying major roads in the first three months of the administration.

Weeks ago, the government, through the Liberia National Police, signed a symbolic MOU with motorcyclists.

In the MOU, the LNP was restricted from the ELWA junction to Central Monrovia and from Freeport of Monrovia to Central Monrovia as no-go zones for motorcyclists and tricycle (keh-keh) riders beginning May 15, 2024.

Recently, the former ruling Coalition for Democratic Change (CDC) vowed to resist the removal of motorcyclists from major streets across Monrovia.

CDC described the planned removal from the streets of all motorcyclists as counterproductive and marginalization of the ordinary citizens.

Janga Kowo, Acting Chairman of the CDC addressing a press conference Monday, April 29, in Monrovia, said motorcyclists are integral part of the local economy as such, their removal is aim at taking bread from the mouths of the cyclists. The CDC contents that the government action will never accept.

“ The road doesn’t belong to Boakai and his gang”. Kowo exclaimed.

However, a recent Memorandum of Understanding on road and public safety signed between the Liberia National Police and Motorcycle and Tricycle Union agreed for a deadline of May 15,2024, to clear off the streets all motorcyclists from major streets across Liberia.

Kowo, addressing hundreds of supporters of the party at the headquarters, said his party will resist any attempt by the police to remove motorcyclists from the streets of Monrovia, noting, motorcyclists are integral part of the local economy as such, their removal is aim at taking bread from the mouths of the cyclists, Kowo told journalists.

On Tuesday, April 23, 2024, Deputy Police for Operation, Nelson Freeman signed the MOU on behalf of the police, while Mr. John Kenyor, the president of the Motorcycle and Tricycle Union, signed for his organization.

Freeman, speaking at the police headquarters during the signing ceremony, stated that the MOU was agreed upon on April 2, 2024, but it will take effect on May 15, 2024.

He mentioned that over the last month, the police have conducted a safety campaign to ensure safety measures for Liberian society.

“Today, we address the issue of Motorcyclists, next, we will engage with the truck drivers’ union and other stakeholders affected by the police safety measures. We aim to create conditions wherein drivers plying the streets will observe all safety rules,” he stated.

He further explained that, according to the MOU, both the police and the Union have agreed to designate the roads from Freeport to Central Monrovia and all parts of town as restricted areas for the movement of motorcycles.

The Deputy Inspector General for Operations elaborated that the route from ELWA junction through Tubman Boulevard and the rest of Monrovia will also be designated as a restricted area for motorcycles.

He added that, similarly, Kehkeh riders will be allowed to ride from Freeport through Clara Town and Via Town areas. However, Kehkeh riders will not be permitted to use the new bridge but must use the old bridge leading to Waterside and other areas.

The Deputy Police boss asserted that Kehkeh en route from Airfield and New Matadi will use the Jallah Town Road to Benson Street corridors to enter town. Kehkeh riders will be allowed to use the Japan Freeway and also the ELWA to RIA route, he stated.

Mr. John Kenyor, president of the union, pledged his group’s support for the MOU, and further stressed the importance of respecting the agreement between both parties, as there will be punishments for violators.

But in reaction to this MOU, the CDC said it will not allow such to be achieved, noting that such will not hold, a situation that seems to smell trouble and create fear in many Liberians, mainly commuters.

By: Austin S Fallah  – A True Son of Liberia,  Africa, and Planet Earth Soil.

With the evolving geopolitical landscape and the emerging demands of true democracy, there is a paramount need for an efficient and impartial system in Liberia, that can investigate misconduct and violations perpetrated by members of the Security Apparatus thoroughly and judiciously.

It is therefore crucial, in this era of accelerating change in socio-political structures, to establish a Bureau of National Security Criminal Investigations under the soon-to-be-formed Ministry of Local Government.

In the advent of the comprehensive reforms proposed by President Boakai, wherein the Ministry of Internal Affairs is to be metamorphosed into the Ministry of Local Government of Liberia, it is prudent to consider incorporating the creation of a Bureau of Nation Security Apparatus Criminal Investigations.

A dedicated institution of this nature is not just a necessity but a requirement to uphold the sanctity of the law and deliver justice to all those who find themselves in contradiction to it.

One of the noteworthy features of the proposed bureau is its composition.

The recommendation is to include experienced current and former security personnel, lawyers of repute, and knowledgeable community leaders who will report directly to the Minister of Local Government with the stringent legislative mandate to recommend to the Minister of Justice for the prosecution of any national security apparatus personnel found violating the constitution, laws, and their assigned areas manuals.

This diversity in the composition is designed to ensure that investigations are carried out without any bias and reflect the true spirit of fairness.

A focus on building a representative body is critical to avoiding regional, ethnic, or communal leanings in the interpretation of law and order situations.

Investigations conducted by persons from varied backgrounds will not only ensure fairness but also bring a balanced perspective in every case.

Security personnel, backed by their wide experience, can provide insights into the modus operandi and dynamics of crime committed by any national security apparatus personnel.

Lawyers, with their profound knowledge of the legal framework, can ensure the integrity of the investigation process.

Additionally, community leaders, well-versed with the local populace and cultural norms, can serve as the crucial bridge between the establishment and the common community member, thus ensuring the involvement of societal stakeholders in the process of justice delivery.

The need to establish the said bureau is also rooted in Liberia’s effort to align with internationally acceptable conduct of peace or law enforcement officers.

The undertaking will not only enhance the credibility of Liberia’s security apparatus on the international stage but also reassure the citizens about the commitment of the state towards the fair administration of justice.

Such a bureau will act as a deterrent for potential violators within the national security apparatus.