19 August 2008
Once the new civilian government was inaugurated on January 16, 2006, the next question was how well governance would remain compartmentalized into the Executive, Legislature, and Judiciary and simultaneously decentralized so that it is felt across the nation.
For instance the senate and representative members of the National Legislature represent the counties, but the Constitution gives the administrative authority over the counties to the Executive.
So when the Executive representative, the County Superintendent, differs administratively with the people's representative, whose opinion rules?
The Constitution is effectively silent on that and the silence, a Special Citizens' Committee of Sinoe says, has lured Sinoe County Senior Senator Mobutu Nyenpan into playing on an Executive turf. "But so what?" is what, observers say, is the lead question.
The Analyst Reporter who has been monitoring the activities of the committee filed in this report.
Summary of Committee's Findings
The Special Citizens' Committee of Sinoe County said it is holding Senator Mobutu Nyenpan solely responsible for the polarization of the county along ethnic lines, shielding corrupt county officials, and grossly interfering in county governance through micro-management.
The Special Citizens' Committee of Sinoe County was constituted recently to probe into and mediate the dispute between the County Superintendent, Sylvester Grigsby and the County Senior Senator, Mobutu Nyenpan.
Presenting its report to a cross-section of Sinoe Citizens at the Capitol Building last Wednesday, Committee Chairman Cllr. Oswald Tweh said the Committee, based on consensus, concluded that Senator Nyenpan failed to clearly differentiate between his legislative roles and those of the Superintendent as Chief Executive of the County.
That failure, the committee's report said, has made the county's senior senator to inappropriately and repeatedly intervene in county administrative matters without reference to or the involvement of the County Superintendent.
More Findings
These findings, the committee said, were reached following what it calls "marathon hours of deliberations", filtering through countless source documents for more than twelve days, and based on consensus.
The committee said Senator Nyenpan unilaterally approached the Ministry of Health and Social Welfare and requested the unwarranted transfer of the County's Chief Medical Officer because she reassigned one of Senator Nyenpan's kinsmen, Clifford Johnson.
Mr. Johnson, a physician Assistant, was allegedly habitually performing criminal abortions at the Sinoe Hospital. The county probe committee further alleged that Senator Nyenpan also approached the Deputy Director of Police for Operations and successfully requested the unprecedented transfer of the county police commander.
Whatever "successfully requested the unprecedented transfer" means was not clarified, but the committee said the police commander had earlier arrested and detained Mr. Nyenpan's female confidant in Greenville who was involved in instigating a violent and bloody riot at the Sinoe Rubber Plantation resulting in the burning of a vehicle.
Regarding the shielding of corrupt political appointees in the county against dismissal, the report said the committee further established that Senator Nyenpan has politically protected the Assistant Superintendent for Development, Joseph Jah, against dismissal.
The action, it said, was even after the Sinoe Legislative Caucus had unanimously agreed to recommend Jah's removal for failing to account for materials supplied from the Government's USD$66,000 of county development fund.
"Mr. Jah is suspected of using the materials for the construction of his private residence in Greenville. During the meeting, Sinoe County Representative, Timothy Davies, publicly announced that Mr. Jah misapplied the development funds and has, thus far, gone with impunity with the protection of Senator Nyenpan," the committee said.
The report said based on the gravity of Jah's action, the committee recommended his dismissal if the county development agenda is to get back on track. Mr. Jah was Senator Nyenpan's campaign manager during his bid for the Senate in 2005.
With reference to tribal polarization of the county, the committee found that there was a disproportionate allocation of 87% of the county's development resources to Senator Nyenpan's tribe, the Sarpo.
"Out of USD$366,666, the Sinoe Senior Senator allocated USD$209.500 to the Sarpos while leaving the other tribes to receive about USD$29,000 each," the committee said, adding, "This was vehemently opposed by the County Superintendent to the dislike of Senator Nyenpan.
According to the committee's report, the Sarpos constitute about 23% of the county's population while the Krus constitute about "60% as the majority tribe". It felt short, though, of naming the tribes that constitute the balance 17% and what highlighting the majority status of the Krus would mean for the remaining minorities that may have no vocal voices in the Legislature.
Recommendations
The committee has notwithstanding has made a number of recommendation aimed at guide against the repeat of the processes that resulted in the misunderstanding between the Senator and the Superintendent.
"Henceforth, in order to equitably spread development throughout the county, development funds will be proportionally divided amongst the five Statutory Districts, with the Commonwealth of Greenville receiving 25% of the overall development allocations," the committee said without indicating which authority will approve the recommendations - Superintendent Grigsby or Senior Senator Nyenpan, or both who are at the center of the power wrangle.
While the approval question hangs, the committee appears upbeat about progress in the administration of the county.
"By this recommendation, no one tribe will benefit at the expense of another regarding development. The committee also recommended that, as of now, all members of the Sinoe Legislative Caucus, receiving complaints from any segment of the county, be it from individuals or groups must refer such complaints to the County Superintendent for his observation."
The committee also recommended that signatories to the Sinoe Trust Fund be expanded to include citizens from each county administrative district including the five statutory districts to reflect ownership of the fund by the people of Sinoe, amongst others.
Fresh Allegations
Meanwhile, yet-to-be confirmed reports reaching this paper indicate that the consignment of cement that was intended for a USD$45,000 school project in Senator Nyenpan's home town, Voogbardee, has been diverted and sold to a fellow Grand Gedeh legislator on the orders of Senator Nyenpan while the project remains at a standstill.
All efforts to reach the County PMC Chairman, Bedjue McCully, proved unsuccessful up to press time. Another area that is brewing tension between the Sinoe Senior Senator and the County Superintendent, according to the same reports, is that Senator Nyenpan is currently holding the entire county's administration hostage by effectively blocking the confirmation of all five statutory district superintendents nominated by President Ellen Johnson-Sirleaf seven months ago in an attempt to administratively strangulate the County Superintendent.
It, again, did not say how the senator was able to prevail against major opinion of the Senate Committee on Executive that is responsible for vetting executive nominees for local government and how was he also able to keep the Executive Mansion on ice for so long without protesting the delay in confirming nominated county officials that are the lieutenants of the President's direct representative, the superintendent.
But it noted that "all other members of the Sinoe Legislative Caucus have, of course, approved the confirmation of the Statutory District Superintendents".
Incidentally, the report said Senator Joseph Nagbe of Sinoe is currently in the USA on medical leave without saying what his absence met for the current problems in the county.
The committee's report meeting was attended by an array of prominent Sinoe citizens, including Dr. Amos Sawyer, Ambassador Dew Tuan Wleh Mayson, Dr. Thomas G. Koon, Dr. Nathaniel Bartee, Dr. Emmanuel Bailey, and Mr. J. Milton Teahjay, among others.
But Senator Nyenpan, when contacted by this paper indicated that he was still awaiting the release of the committee's report. He said it was agreed by every citizen of Sinoe at the meeting when the committee was constituted that nobody goes to the press to discuss matters related to constituting the committee.
"So I as a political leader of the county is not prepared to discuss any matter to the press concerning to the committee's work; if the report is out and adopted by the citizens, then I will be prepared to talk to the press," he said.
More Questions
The Special Citizens' Committee of Sinoe County may have patted itself on the back for probing into what seems Senator Nyenpan's meddling in Executive matters and playing on the Executive's turf, but observers say its report raised more questions than provided answers.
For instance, according to one observers who did not want to be named, how was it possible for the senator to unilaterally take the actions he reportedly took without being confronted by his colleagues in both the Senate and House of Representatives, if as the committee claimed, none of them supported the senator?
"Why did the Police Director condoned the usurpation of her power by the transfer of a county police commander by a senator? And still, what extra constitutional authority does Senator Nyenpan have to contradict the opinion of the Sinoe Legislative Caucus regarding the dismissal of the Assistant Superintendent for Development, Joseph Jah?" he wondered.
Constitutional commentators say legislators have no role in national or local government administration besides making laws and modifying annual national budgetary projections to create enabling environments for Executive administration covering social, infrastructural, and security developments.
But when they begin to reassign security officers, plan to dismiss or move to abort the dismissal of county officials, that constitutes interfering with the constitutional division of powers and scope of authority, they said.
"But all being said, who is responsible to punish a local government official that acted inappropriately or engaged in outright corruption? Is it the county legislative caucus or the President through the Superintendent?
It is the President; so, why did the Citizen's Committee charged Nyenpan with ignoring the opinion of his colleagues when the colleagues should not have made the decision to dismiss Jah in the first place? Was Nyepan upholding the constitutional separation of powers or shielding his former campaign manager from dismissal? That, the committee should have established," said Steven U. Wleh of New Kru Town.
Steven said while Nyenpan no doubt acted wrongly, those who confronted him failed to hold on the Constitution of Liberia.
"If the superintendent wants a local official dismissed for corruption, it does not need the approval of the country's legislative caucus. It needs only the advice of the President of Liberia. So why did the superintendent bowed to Nyepan's bullying as the probe committee said it has found out?" wonders political science student, Edward K. Sloppoh of West Point.
While analysts say Steven and Edward have legitimate questions that border on constitutional collaboration between the Executive and Legislative branches of government and their operatives, one critical question that remains unanswered is, "Has the committee completed its mandate; has it mediated between the senator and the superintendent?
PUBLIC SERVICE
If yes, what was the outcome of the mediation and what penalty is recommended for Nyenpan's critical inference in Executive matters and the superintendent's apparent failure to inform his principal about the encroachment?
Will the mere fair distribution of county development funds, which is the strongest point in the committee's recommendation so far, prevent Senator Nyenpan from his alleged interference in local administrative matters?
"But what," analysts wondered further, "about the reported diversion of fund, which is a typical case of corruption. Why did the committee think it wise not to lodge a complaint with Nyenpan's Senate colleagues for proper redress or has the probe decided to cover over unfolding case of corruption for the usual 'sake of peace'?"
The answer these questions, analysts say, will send a lasting signal to other county superintendents against taking unilateral decisions. It will also prevent legislative caucus members from playing on the Executive Turf and restricting their activities to legislation and the provision of critical development insights, based on constituency interests as contained in the annual national budget, to the county superintendent for consideration.
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