Capitol Hill — Barely few days after voting to pardon three ministers and the director of the Public Procurement and Concession Commission (PPCC) for violating the PPCC law by awarding millions of dollars' worth of contracts for road rehabilitation without a competitive bidding process, members of the Liberian Senate are again raising alleged violations of several laws passed granting tenures to heads of some corporations and agencies in the country.
Last Tuesday, the Plenary of the Liberian Senate held the Ministers of Public Works, Justice and Finance and Development Planning Roland Lafayette Giddings, Oswald Tweh, and Boima Kamara of the Unity Party-led government, including the director of the Public Procurement and Concession Commission (PPCC) liable for grossly violating the PPCC Law of the country by single sourcing separate road contracts totaling US$22.4M to various companies operating in the country without a competitive bidding process.
They signed and attested to the awarding of the road rehabilitation contracts through the issuance of "No Objection" to about 10 companies, with the Ministry of Finance and Development Planning making an advanced payment of US$8m to the contractors without the consent of the National Legislature.
The four officials were booked in a report submitted by the Senate's Joint Committee on Public Works and Rural Development, Public Accounts and Audits and Judiciary, headed by Senator Albert Chie of Grand Kru County.
But following an appeal from the Minister of Public Works, the lawmakers reneged to advance punitive measures to the Executive to penalize the public officials for disregarding the PPCC law.
They justified that the action taken by the four men was not intentional, but intended to actualize President Joseph Nyuma Boakai's 100-day deliverables, especially road rehabilitation.
However, majority members of the Senate, who previously embraced the violation of the laws for the sake of pardoning violators, are not raising issues relative to the same violation of the laws by the executive.
Speaking during a regular session in the Chambers of the Senate on Thursday, Montserrado County Senator Abraham Darius Dillon, observed that the Senate has not provided a definite position on the appointment of acting officials in tenure positions by the executive.
It can be recalled that an Act prohibiting the Tenure of Public Officials within the Executive Branch of Government was submitted to the 54th National Legislature by ex-President George Manneh Weah.
The Act was submitted to prevent impeding and obstructing the development agenda and gives the President full powers over the executive branch of government.
It was passed by the House of Representatives and sent to the Liberian Senate for concurrence.
But in May 2022, the Senate voted to uphold tenure of services for a few government institutions, including the Liberia Anti-Corruption Commission (LACC), General Auditing Commission (GAC), Liberia Extractive Industries Transparency Initiative (LEITI), the Central Bank of Liberia (CBL), Public Procurement and Concession Commission (PPCC), Internal Audit Agency (IAA) and the National Human Rights Commission of Liberia.
They rejected tenures for the National Social Security and Welfare Corporation (NASSCORP) and all other agencies. An ad-hoc committee headed by former Senator Varney Sherman of Grand Cape Mount was tasked with the responsibilities to amongst other things unbundle, review and amend the law individually. However, the committee failed to submit its report up to present.
But Senator Dillon observed that a divided attempt for senators to uphold the law or "wait for certain things to be done" would amount to hindering President Boakai's desire to get his government running.
He said members of the Senate need to be very careful to avoid deliberately or knowingly suppressing good governance in the society.
Senator Dillon recalled that during the 54th National Legislature, actions were taken by senators regarding the tenured law, which grants stay in offices of the heads of certain governmental agencies for certain years. He called for the Senate to make a clear determination on the matter.
Separate Acts creating the Liberia Telecommunications Authority (LTA), Liberia Maritime Authority (LiMA), Governance Commission (GC), National Public Health Institute of Liberia (NPHIL), National Lottery Authority (NLA) WASH Commission, among others gives tenures to heads of these agencies.
"I'm asking the senate for us to take a definitive position so that we know exactly how we want the government to run or these institutions to be governed in keeping with Article 89 of the constitution so as to give the President of Liberia the environment to work. If we sit and allow another branch to violate it (the law) and we do nothing, we will be the enabler of the violation."
Senator Dillon emphasized that if lawmakers cannot define or protect laws passed by them, there should be no need for passing those laws.
He observed that the senate would be aiding and abetting the violation of the law if it confirms presidential nominees appointed to tenured positions in the country.
Article 89 of the 1986 Liberian Constitution states that: "The following Autonomous Public Commissions are hereby established: A. Civil Service Agency (CSA); B) Elections Commission; and C) General Auditing Commission (GAC). The Legislature shall enact laws for the governance of these commissions and create agencies as may be necessary for the effective operation of the government."
"I'm asking this Senate to muster the bold courage and spine for us to settle this matter."
Senator Dillon observed that presently, there are nominees before the senate who have been appointed by the president to serve in tenured positions, while others have been appointed to act in similar positions, noting that, "we will have to muster the courage for us to be firm on this matter."
No acting in tenured positions
He claimed that it is a violation of the law for individuals to be nominated or appointed to act in tenured positions that have been set aside by law.
"Nobody supposed to act in any government positions that require Senate confirmation. That includes tenured confirmation. Anybody who's acting in a position that requires Senate confirmation, it is an undermining of the constitutional provision to require Senate consent."
He said lawmakers should not be seen as "enablers" of the violation of the law, because they have the authority, in keeping with Article 89, to grant tenures to public officials.
He maintained that those appointed to act in tenured positions are doing so illegally, thereby questioning the independence of those institutions.
Senator Dillon further observed that from one administration to another, past and current leaders continue to have issues with tenured positions, and as such, the senate should decide to avoid sitting supine and witnessing the disregard for the rule of law in the country.
He said the current situation may appear that Senators are against "certain nominees and are aiding and abetting" the violation of laws in Liberia.
"We are only standing for the rule of law; and our standing for the rule of law should not be discretionary and it should not be selective depending who's in power."
Also speaking, Senator Numene Bartekwa of Grand Kru County recalled that the Liberian Senate previously voted to revisit the law regarding the issue of tenured positions.
According to him, the Senate of the 54th Legislature separated integrity instructions from others, including those in the constitution while scrutinizing the draft bill from ex-President George Manneh Weah.
He said due to the failure of the National Legislature to amend the laws establishing those institutions, nominees for tenured positions have not been confirmed by the Senate.
Senator Bartekwa emphasized that until the laws establishing these institutions are repealed, the Senate cannot decide on the matter.
Playing to the flute of the executive?
Senator Emmanuel Nuquay of Margibi County observed that there is a tendency for the National Legislature to usually dance to the tune of the executive branch when there is a change in government.
He made specific reference to the establishment of a war and economic crimes court in Liberia.
He noted that the establishment of the court was not a priority of the past government of ex-President Weah and as such, Senators did not act to establish the court but embrace a "palava hut style of reconciliation."
Acting on regime's agenda?
Senator Nuquay stated that following a change of government, Senators recently signed a resolution to establish the court as a major agenda under the Boakai led-government.
He said "the law is the law" and as such, any changes should be done by amendment through the National Legislature.
According to him, the appointment of individuals to serve in tenured positions which were already occupied by others has compromised the laws establishing these institutions.
"The government of the day is not interested in respecting the tenured law; so the Legislature is yet to work on that. I think this is not a good example for us. We have to ensure that whatever the government of the day is, we have to ensure that our independence is clearly established."
Senator Simeon Taylor of Grand Cape Mount County stated: "It beats my imagination for us to sit here and see laws breached and the Senate seems to do nothing about it."
He observed that as a result of this, corruption continues to reign from one government to another.
He questioned the Senators 'oversight responsibilities towards working in the interest of the citizenry.
"Every time there is corruption, corruption and corruption. For every governmental institution, there is a committee here. Are we exercising our oversight responsibility? Have there been any times we declare a vote of no confidence in a Minister and ask the government to remove such a person? No. Have we ever invited the President or sent the executive committee to the President to find out certain irregularities in government that we need clarity about? No."
Senator Taylor wondered while the Senate would continue to pardon public officials who intentionally violate the laws of the country and asked for forgiveness.
He said economic criminals and others should not be aided and abetted to grossly disregard the rule of law in Liberia.
"We should decide why we do not want tenure; not the executive. We are seated here to make laws on behalf of the country. If it is important that we uphold the tenure law, let's uphold it. I will not pass or undo tenure law because the executive wants us to undo it; there will always be new leadership that will come."
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Senator Gbotoe Kanneh of Gbarpolu County observed that the executive should have requested lawmakers to get rid of tenured positions, instead of going to others single-handedly and the court to act on the matter without the involvement of the Legislature.
According to her, punishments must be clearly specified for the violation of tenured positions.
Remove tenures
Senator Prince Moye of Bong County called for the matter to be placed on the floor of the Senate.
He said those against the move made by the executive should be courageous to clearly specify what should be done to address the situation.
He maintained that lawmakers would be "deceiving" themselves if they continue to show that they are for or against the current and past governments on the matter.
"Given the entrenched nature of the presidency in Liberia, let's put a communication on the floor to see clearly that all the tenured positions that were created by us, except the ones that are in the constitution, let's remove tenures from all."
There are concerns that members of the Senate who once voted in favor of the violation of the laws of the country for the sake of forgiving public officials, would be showboating for the upholding of the laws of the country relative to tenured positions.
Disregard of the rule of law has been frequent in Liberia due to the failure of lawmakers to "stand their ground" and recommend punitive measures to the executive for possible actions against those involved.
If the executive, through the President fails to act, the constitution gives lawmakers the authority to cast a vote of no confidence in those public officials.
On the other hand, lawmakers have failed to invite the President to respond to inquiries on issues or concerns being raised on critical national issues. Fronting or shielding public officials based on political party lines or family ties has been the order of the day at the National Legislature in Liberia.
Meanwhile, Senate Pro-Temp Nyonblee Karnga Lawrence has recalled that a conclusion was reached by the Senate not to decide until the law was cleared on the matter.
She called for the forming of a conference committee with the House of Representatives to dispose of the matter.
She, however, requested the secretary of the Liberian Senate to make available to all Senators copies of the previous decision reached during the 54th National Legislature.
Pro-Temp Lawrence mandated the Committee on Judiciary to peruse the document and provide briefing to the Plenary next Thursday.
