ON TUESDAY, MAY 28, the Plenary of the Liberian Senate unanimously voted to pardon three Ministers of the Unity Party (UP)-led government of President Joseph Nyuma Boakai, including the director of the Public Procurement and Concession Commission (PPCC) for "willfully and grossly" violating the Public Procurement and Concession laws of the country.
These officials admitted to awarding separate road contracts totaling over $ USD22, 389,667.13 to 10 companies operating in the country without a competitive bidding process.
THE MINISTERS INCLUDE Roland Layfette Giddings, Oswald Tweh, and Boima Kamara of the Ministries of Public Works, Justice and Finance and Development Planning.
IN A REPORT SUBMITTED by the Senate Joint Committee on Public Works and Rural Development, Public Accounts and Audits and Judiciary, headed by Senator Albert Chie of Grand Kru County, the three ministers and the executive director of the PPCC were held liable after they signed and attested to the awarding of the road rehabilitation contracts, with the Ministry of Finance and Development Planning, making an advance payment of US$8m to the contractors.
They also awarded the contracts without any relevant legislative input to catch up with President Boakai's 100 days road rehabilitation deliverables.
THE SENATORS CLAIMED that they pardoned the four public officials for endorsing a "NO OBJECTION" notice for the companies to execute the road rehabilitation project in the absence of the passage of the national budget due to emergency and urgency, as the dry was almost ending.
TWO DAYS AFTER pardoning public officials for violating the PPCC law, members of the Liberian Senate contradicted themselves by attempting to uphold the laws of the country by requesting the Executive branch to uphold existing laws granting tenures to heads of various public institutions.
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, give tenures to heads of these agencies.
BUT 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 proffered to prevent the 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 ON THURSDAY, May 30, many of the senators observed that the Senate would be "aiding and abetting" the violation of the tenured laws had they gone ahead to confirm presidential nominees appointed to tenured positions.
THEIR ACTION STEMMED from a concern raised by Montserrado County Senator Abraham Darius Dillon calling on the Senate to provide a definite position on the tenured law.
THE LEADERSHIP OF the Senate, headed by Pro Tempore Nyonblee Karnga Lawrence requested its secretariat to make available to all Senators copies on the previous decision reached on the tenured law during the 54th National Legislature.
WE BELIEVE THAT the Liberian Senate, which is mostly referred to as the "House of Elders" is not thoroughly executing its oversight responsibility as enshrined in the Constitution to checkmate the Executive and ensure that public officials uphold the rule of law in the country.
IT IS CONSISTENTLY flip-flopping in the execution of its mandate to please the executive as evidenced by the recent pardoning of the four public officials for grossly violating the PPCC law, and even the open admittance from some of them.
THE NOTICEABLE FAILURE of senators to request for a comprehensive report from the Ministry of Public Works on the expenditure of the USD22, 389,667.13 based on personal reasons and political affiliation, continue to raise concerns in the public, as citizens remain questioning the expenditure of such a huge sum of money on the rehabilitation of "muddy roads."
MEMBERS OF THE Liberian Senate may not be taken seriously by public officials from the Executive and the Judiciary branches of government if they continue to backpedal, flip-flop and execute their constitutional responsibility based on pity and political affiliation or party lines.
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PUBLIC OFFICIALS, ESPECIALLY those providing services, would knowingly violate the laws and walk away with impunity due to the short-sightedness of senators to implement their oversight responsibility without fear or favor.
THEY MAY BE appearing as "laughing stock" in the eyes of the public for forgiving public officials for violating the laws today, and calling for the upholding of similar laws tomorrow, while discharging their constitutional responsibilities.
PRESENTLY, LEGISLATIVE DELIBERATIONS and workings at the Senate under the leadership of Pro Tempore Nyonblee Karnga Lawrence have been marred by compromises, party affiliations, showboating, grandstanding and a high level of sycophancy and deceits in the full glare of the public.
AS THE CHALLENGES in post-conflict Liberia remain mountainous, senators should now muster the fortitude to take holistic actions or decisions that will benefit Liberia and its citizens and promote the spirit of patriotism in the execution of their constitutional responsibilities.
