Liberia: Anti-Corruption Boss Challenges New Anti-Corruption Act At Supreme Court

Monrovia — The Executive Chairperson of the Liberia Anti-corruption Commission (LACC) has moved to the Supreme Court of Liberia challenging critical provisions of the recently passed amended and re-stated act of the LACC.

In his petition filed before the Supreme Court, Cllr. Edwin Kla Martin argued that provisions of the new act are discriminatory and totally against the Constitution and therefore should not be allowed to stand.

Petitioner Martin said Sections 16.1 and 16.2 of the new LACC Act passed by the Legislature in July 2022 was a clear and flagrant violation of the principles and doctrine of expo facto law as enshrined in article 21 of the Constitution.

Article 21 of the Constitution states: No person shall be made subject to any law or punishment which was not in effect at the time of commission of an offense, nor shall the Legislature enact any bill of attainder or ex post facto law”

Cllr Martin argues that the law passed by the Legislature can not affect him since it came into being after his nomination, confirmation, and appointment by the President of the Republic of Liberia to serve as Executive Chairperson of the Liberia Anti-corruption for a period of five years which ends on July 14, 2026 in keeping with the 2008 act of the LACC passed by the Legislature and printed into handbill on August 28, 2008.

The LACC Boss then prayed before the supreme court that judges in the highest court should issue a writ of prohibition against the respondents to prohibit, restrain, and enjoin said respondents from enforcing section 16.1 and 16.2 of the Act to amend and re-state the LACC act of 2022.

He further intimated in his petition before the Court that under Section 6.8 of the 2008 Act establishing the LACC, he can only be removed for gross breach of duty, misconduct in office, or any proven act of corruption. But to the contrary, Cllr. Martin said he has done none of the above and therefore there should be no reason to remove from office.

In his five-page petition before the supreme court, Cllr. Martin said the Legislature flagrantly ignored or disregarded clear provisions of the Constitution and also the 2008 act of the Liberia Anti-corruption Commission and when ahead to amend and re-state the LACC Act thus calling for the appointment of seven(7) new Commissioners and removing all other Commissioners currently occupying posts at the LACC in keeping with law.

Cllr. Martin said he was constrained to file before the supreme Court because a Presidential ad-hoc Committee has been established by the President headed by the President’s Legal Advisor Archibald Bernard and additionally, said committee has placed vacancies up in different newspapers including the Executive Mansion website in further moves at abrogating the constitution of the country.

The Country’s anti-graft chief said his rights are being violated and there is complete usurpation by the Legislation of the authority vested in the President by article 24 the 1986 constitution of Liberia. He said the new act gives the Legislature the power to dismiss him which is not the responsiblity of the National Assembly. This he said is a violation of section 6.8 of the 2008 act and also is a violation of article 20A of the 1986 constitution under the doctrine of due process of law.

In concluding his petition, Cllr. Martin said article two (2) of the constitution of Liberia says the constitution is supreme and the fundamental law of the land. And therefore, any laws, treaties, statutes, decree, customs and regulations found to be inconsistent with it shall be to the extent of its inconsistency, be void and of no legal effects.

Cllr. Martin then called on the Supreme Court to use its power of Judicial review to declare sections 16.2 and 16.2 of the July 22, 2022 act passed by the Legislature as completely illegal and with no strength to stand in law

It can be recalled that trouble started for the Executive Chairperson of the Liberia Anti-corruption Commission following the release of several investigative reports detailing corruption in several Ministries and agencies.

The country’s antigraft Chief released an exhaustive investigative report in which he said Agriculture Minister Jeanie Cooper awarded contracts to her brother Zurbin Cooper and diverted agriculture materials to her personal use.

According to him, she-the agro Minister also awarded contracts to Farbrar- a company in which she has beneficial ownership.

Also in a corruption report at the Liberia Institute of Statistics and Geo Information Services, the Executive Chairperson Cllr Martin informed the Liberian people that Director General Francis Wreh, his deputies Wilmot Smith and Lawrence George violated several laws in the purchase of second-handed generator, and the procurement of tablets for the upcoming census.

In the case with the Liberia Water and Sewer Corporation, the LACC requested the prosecution of Managing Director Moseray Momoh for Economic Sabotage for illegally disposing public assets and converting the funds to his use.

The LACC Executive Chairperson said the officials from the four agencies will be prosecuted on charges of conflict of interest, theft of property, abuse of office, perjury and economic sabotage.

The release of these investigative reports and previous ones are said to have angered heavyweights in government.

It was reported in July 2002(weeks before the passage of the new act) that at a cabinet retreat in Ganta Nimba County senior government officials challenged the Executive Chairperson of the Liberia Anti-corruption Commission to present all investigation reports to the office of the President before releasing them to the public. It was reported the Executive Chairperson Cllr. Edwin Kla Martin told the gathering that the request was illegal and contravene the act establishing the Commission

At the retreat, Chairperson Martin unlike other cabinet officials who presented for only five minutes was made to stand for close two hours undergoing cross examination from senior cabinet officials.

This is first landmark case before a newly constituted Supreme Court Bench in which the new Female Chief Justice Sie-A-Nyene G. Yuoh has promised an uncompromising adherence to the rule of law.

In her last statement at the opening of the Supreme Court in Monrovia, Justice Youh stated: I am renewing my commitment to continue to dispense justice without fear and favor. And readiness to continue to treat all party litigants appearing before me equally, without regards to status, whether rich or poor.”

Her statements sent renewed hope in the public space about a rebound judiciary that have faced criticisms in the past for controversial rulings. In any case the test is now before the Sie-A-Nyene G. Youh’s Bench

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