Monrovia — A significant legal dispute has erupted within the Independent National Commission on Human Rights (INCHR) as the majority of its commissioners have filed a petition for a writ of prohibition against Chairperson Cllr. Dempster Brown.
This legal action, submitted before Justice Yusuf Kaba, was triggered by a directive from Cllr. Brown instructing the Human Resource Manager to withhold the commissioners' June salaries.
The petitioners, including Atty. Mohammed Fahnbulleh, Dr. Cllr. Niveda Ricks Onuoha, Atty. Patmilla Paivey, and Commissioner Pindarous Allison, argue that Cllr. Brown's actions violate Article 9 of the Act establishing the INCHR. This article stipulates that the president holds the appointing authority for seven commissioners, including the Chairperson, who all possess coequal powers to manage the commission's affairs.
The INCHR has recently been embroiled in a publicized internal power struggle. The majority commissioners claim that Cllr. Brown has overstepped his authority by unilaterally deciding to withhold their salaries, a power they assert belongs solely to the president. As of now, Cllr. Dempster Brown has not responded to the lawsuit.
In their petition, the commissioners emphasize that INCHR commissioners are appointed by the president from a list of individuals submitted by the Chief Justice's office, which falls within "other agencies of government independent of the ministries." They further contend that Cllr. Brown's decision contradicts President Boakai's instructions to the Legal Advisor to investigate the ongoing crisis among commissioners at the commission.
The petitioners assert that, as coequals, Cllr. Brown does not have the authority to withhold salaries, a power reserved for the president, who is the head and boss of all presidential appointees in the Executive branch of government.
On June 24, 2024, Cllr. Dempster Brown directed the Human Resource Manager to withhold the June salaries of four commissioners. He cited their absence from work and alleged misconduct, including visiting radio stations to disseminate false information and engaging in other paid occupations, contrary to the commission's 2005 Act.
"Over the past months, I have observed that you have not been attending work. Instead, you have been visiting radio stations to disseminate false information, thereby undermining the integrity of the commission. Additionally, I have noted that commissioners Niveda Ricks and Pindarous Allison are violating Article XV of the commission's 2005 Act, which prohibits commissioners from engaging in any other paid occupation, business, or profession. Both commissioners Ricks and Allison are on two government payrolls," Cllr. Brown stated in his letter to the HR.
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Cllr. Brown accused Commissioner Allison of being a student at the Louis Arthur Grimes School of Law and teaching English at the University of Liberia's Fendell Campus, which allegedly left him no time to fulfill his duties at the commission. Similarly, he accused Commissioner Ricks of teaching full-time at the Law School while receiving salaries from two government positions, constituting double-dipping.
"In light of these observations, I have instructed the Human Resource Manager to withhold your salary checks until you choose to come to work or resign either from the commission or the University of Liberia," he added.
As the internal conflict within the INCHR escalates, the outcome of this legal battle will be closely watched, given its potential implications for the governance and operations of the commission.
