Monrovia — The Unity Party has submitted a petition for a Writ of Prohibition against the Liberian Senate, urging a temporary halt to the confirmation hearing of Atty. Samora Woloklie as the Commissioner General of the Liberian Revenue Authority (LRA). At the same time, certain party members are urging Justice in Chambers, Jamesetta Howard Wolokolie, to recuse herself from the case, citing familial connections with the contested nominee.
Justice Wolokolie is set to hear a similar petition filed by the Unity Party on the confirmation of Cllr. Frank Musa Dean as Associate Justice of the Supreme Court. Associate Justice Wolokolie is expected to hear arguments into the petition filed against Cllr. Dean and the Senate Monday.
In the push for her recusal from hearing the petition for prohibition on Atty. Wolokolie, it is unclear whether she would step aside, given that she is no longer married to Atty. Wolokolie's father.
The petition is similar to the one filed against Cllr. Dean.
The petition challenges the proposed confirmation of Atty. Samora P. Z. Wolokolie as the Commissioner General of the Liberia Revenue Authority (LRA). The legal action argues that the nomination and confirmation process violate constitutional provisions and established norms.
Background:
The crux of the Unity Party's argument revolves around the events following the 2023 presidential election. According to the petition, President George Manneh Weah, after losing the election, issued Executive Order 123 on November 21, 2023, establishing the Joint Presidential Transition Team (JPTI) to facilitate the smooth transfer of power to President-elect Joseph Nyuma Boakai.
The Unity Party contends that President Weah, during this transition period, issued a directive on December 18, 2023, freezing employment, borrowings, and payments beyond ten thousand United States dollars. Despite this directive, the President nominated Atty. Samora P. Z. Wolokolie as Commissioner General of the LRA on December 30, 2023, just 22 days before the inauguration of President-elect Boakai.
Legal Arguments:
The petition argues that the nomination and confirmation of Atty. Wolokolie go against the spirit and intent of the Liberian Constitution. The Unity Party claims that the nomination, considering the circumstances and timing, undermines Article 1 of the Constitution, which emphasizes that all power is inherent in the people.
The petitioner asserts that the extension of the regular session of the 54th Legislature, recalled by the President to confirm the nominee, does not align with the constitutional provision (Article 32 (b)) that allows such extensions only for matters of national emergency or concern.
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The petition also raises concerns about the composition of the Senate, stating that eleven senators who are part of the confirmation process were rejected by the voters in the October 10, 2023, elections. The Unity Party argues that allowing these senators to make decisions with long-term consequences contradicts the democratic principles outlined in Article 1 of the Constitution.
Request for Writ of Prohibition:
The Unity Party, through its petition, seeks the issuance of an Alternative Writ of Prohibition against the Liberian Senate. The party requests the court to command the Senate to halt all proceedings related to the confirmation of Atty. Samora P. Z. Wolokolie as Commissioner General of the LRA.
In response to these allegations, Cllr. Frank Musa Dean, the nominee and former Minister of Justice and Attorney General for the Weah-led government, had earlier cited Article 54 of the Constitution to emphasize the President's appointing powers. Dean argued that a mere directive cannot abrogate a constitutional provision, and he pointed out that Article 2 of the Constitution designates it as the supreme law, not to be superseded by any law or treaty. Moreover, Dean highlighted that the Presidential Directive was directed at Ministries, Agencies, State Owned Enterprises, etc., and not explicitly at the nomination process for the Supreme Court or the appointment powers of the President.
