IPNEWS: On Monday, April 29, President Joseph N. Boakai appointed long-time intelligence veteran J. Henric Pearson, II., as Director General for Passports & Visas, with the rank of Ambassador, Ministry of Foreign Affairs, sparking misgivings in several quarters what led to the President’s decision.
Already there are uneasiness between the Executive breach and the Judiciary following a recent Supreme Court opinion that went against President Boakai’s attempt to forcibly remove commissioners of the Liberia Telecommunication Authority and other tenure position holders from office, and subsequent action by the President to taken another route by suspending all five commissioners of the LTA, including its chair, Madam Edwina C. Zackpah.
The Executive Mansion announced in less than 24hrs after the Supreme Court opinion last week that President Joseph Nyuma Boakai, Sr., has suspended, with immediate effect, Madam Edwina C. Zackpah, Mr. Israel Akinsanya, Mr. Zotawon D. Titus, Mr. James Gbarwea, and Mr. Osborne K. Diggs, Chairperson and Commissioners respectively of the Liberia Telecommunication Authority for allegations of questionable financial transactions and other alleged malpractices at the Authority, the move many legal luminaries have viewed as a recipe for an contempt of court and a possible constitutional crisis.
The 1986 revised Constitution, Chapter 4 Article 29 states: “The legislative power of the Republic shall be vested in the Legislature of Liberia which shall consist of two separate houses: A Senate and a House of Representatives, both of which must pass on all legislation. The enacting style shall be: “It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.”
Now, with the of Mr. veteran J. Henric Pearson, II., as Director General for Passports & Visas, with the rank of Ambassador, Ministry of Foreign Affairs, political pundits are contemplating what would be the next move by the Legislature of the President taking upon himself Legislative powers in the elevation of the position of Director of Past and visas to a Director General status contrary to the act creating the Ministry of Foeign Affairs.
Under the general regulations of the Ministry of Foreign Affairs, enshrined in Chapter 20.3(f) of the Executive Law authorizes the Minister of Foreign Affairs to issue or grant passports and visas as part of his/her statutory duties and functions and to facilitate the fundamental rights of freedom of movement for all citizens of Liberia. These functions are in harmony with chapter III (3) article 13(a & b) of the Constitution of the Republic of Liberia.
“Therefore, it becomes imperative to formulate a mechanism that will enhance the passport issuance responsibility of the Minister of Foreign Affairs. Accordingly, these Regulations are hereby promulgated to ensure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay in the issuance of Liberian passports and other travel documents. These Regulations also specify the categories of passport and to whom they are issued.” The statue creating the Passport.
In its Legislature Assembled at the First Regular Session of the Forty-Sixth on May 11, 1972, and subsequently published on June 9, 1972, the ACT creating the Ministry of Foeign Affairs principally defines the functions and responsibilities of the Minister of State for Presidential Affairs and the Minister of Foreign Affairs as follows:
Chapter 20.12, section 20.1 of the New Executive Law titled: “Minister of Foreign Affairs, “There shall be in the executive branch of the Government a Ministry of Foreign Affairs to be headed by the Minister of Foreign Affairs, who shall be appointed by the President by and with the advice and consent of the Senate.”
However, section 20.2 of the same ACT titled: “Organization of the Ministry” states” The Ministry of Foreign Affairs shall be organized to include the following:
(a)Office of the Minister of Foreign Affairs
(b) Office of the Deputy Minister of Foreign Affairs
(c) Office of the Deputy Minister of Foreign Affairs for Administration
(d) Office of the Counselor
(e) Office of the Assistant Minister of Foreign Affairs
(f) Office of the Special Assistant to the Minister of Foreign Affairs
(g) Office of the Foreign Service Inspector General
(h) Office of the Chief of Protocol
(i) Bureau of Asian and African Affairs
(j) Bureau of European Affairs
(k) Bureau of American Affairs
(l) Bureau of International Organizations Affairs
(m) Bureau of Economic Affairs
(n) National Archives and Records Management Service
(o) Division of Administrative Services
(p) Division of Finance
(q) Division of Passports and Visas
(r) Division of Publication
The statute also provides that: “The Minister of Foreign Affairs is authorized to determine the internal organization of each of the agencies listed above, subject to the provisions of this Chapter.”
And Section 20.3 of the statue titled: “Duties of Minister of Foreign Affairs” expressly states: “It shall be the duty of the Minister of Foreign Affairs, under the direction of the President to —
(a) Formulate and implement the foreign policy of the Government of Liberia;
(b) Promote beneficial intercourse between Liberia and other countries;
(c) Protect Liberian rights and interests throughout the world;
(d) Direct the conduct of the Foreign Service;
(e) Issue regulations governing the activities of foreign diplomatic and consular missions accredited to the Republic of Liberia;
(f) Issue passports and visas;
(g) Act as custodian of archives of the Republic of Liberia;
(h) Promote, in cooperation with other Government ministries and agencies, improved records management practices and supervise the preservation, storage, and disposal of Government records;
(i) Oversee the publication of all papers and documents required by law to be published and required for the use of any of the agencies of Government;
(j) Publish an official newspaper;
(k) Act as custodian of the seal of the Republic;
(l) Certify public documents in the custody of the Minister and authenticate the signatures of public officials;
(m) Inform elected officials of Government of their election;
(n) Issue certificates of incorporation to business corporations formed in Liberia and register foreign corporations doing business there;
(o) Register patents, copyrights, and trademarks.
The appointment of Mr. veteran J. Henric Pearson, II., as Director General for Passports & Visas, with the rank of Ambassador, Ministry of Foreign Affairs, now rises constitutional issues on the functions, roles and responsibilities between the Ministry of Foreign Affairs and the new portfolio of Director General for Passports and Visas.
Political pundits wondered what’s the necessity for the appointment without repealing the act creating the Ministry of Foreign Affairs.
With this, there are two basic fundamental legal questions lingering:
1.Will this office of Director General for Passports & Visas, with the rank of Ambassador, Ministry of Foreign Affairs, now be another public autonomous Agencies?
2. Under whose Directive will this office of Director General for Passports & Visas with the rank of Ambassador, Ministry of Foreign Affairs function? Investigation continues.
