Monrovia — Mr. Wilmot Smith, former deputy director general for information coordination at the Liberia Institute of Statistics and Geo-Information Services (LISGIS), has filed a lawsuit against the government, challenging his dismissal by former President George Weah.
In his petition for declaratory judgment filed before the Civil Law Court, Smith is seeking the endorsement of the court to compel President Joseph Boakai to reinstate him to his previous position.
According to Smith, the act by the former Liberian president was un-statutory and unconstitutional.
"The President's action violated the Act establishing LISGIS and Article 89 of the Liberian Constitution, which gives authority to the National Legislature to establish autonomous agencies and thereby create autonomy," the lawsuit added.
Smith was appointed by the Board of Directors of LISGIS, an authority by the Act of June 4, 2018 as deputy director.
The lawsuit claimed to "dismiss the one who occupies a position, it must be for cause, but the Act of LISGIS does not grant power to the President of Liberia to dismiss the Petitioner or the Director-General; rather, it is the Board of LISGIS."
"The Act creating LISGIS is in line with Article 89 of the Constitution of Liberia, and this makes the Act constitutional and autonomy constitutional under Article 89 of the Liberian Constitution. For the president to claim dismissal of the Petitioner "for cause" in the absence of the due process of law is a violation of Chapter III, Article 20 of the Constitution of Liberia, especially when he exercised a power that the law does not give to him. Article 89 of the Liberia Constitution."
He argued the standard of this provision of the Constitution, institutions or agencies created by the Legislature and given tenure status are constitutional, and removal of any official from any of these positions must be for a cause consistent with due process or removal after the tenure period expires is the only constitutional and legal means.
In his case, Smith said that the facts revealed that President Weah strictly violated the Constitution and the Act creating LISGIS. According to him, the action of the ex-president to dismiss him on grounds that his action was for cause in which he was never accorded due process of law, is a violation of the Act of LISGIS.
He said: "Sections 50A.4 (1) and (2) of the Act of LISGIS clearly state that:
Powers of the President: In keeping with the provisions of this Act, the President shall exercise such powers as follows:
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1. Appoint initially the Board of Directors and Its Chairman, with the Board becoming self-appointing after that upon recommendation of the Director General; 2. Appoint a qualified Director-General initially in keeping with Section 50A.2 above. After that, the authority to make subsequent appointments shall vest in these provisions."
Smith added the authority to initially appoint both members of the Board of LISGIS and the Director General of LISGIS from the date that the LISGIS Act was passed and creating the said institution in 2004, and all subsequent appointments of the members of the Board and Director General and Deputy Director Generals are vested in the powers of the Board of Directors of LISGIS.
"In 2004, after the passage of the LISGIS Act, it was the previous president of Liberia, Madam Ellen Johnson Sirleaf, who made such an appointment, and since that requirement of the statute of LISGIS was met, no subsequent president of Liberia has that authority to remove or dismiss the Director-General of LISGIS, the Deputy Director Generals of LISGIS, including members of the board of directors of LISGIS," he added.
