President Joseph Nyumah Boakai's letter to the Legislature concerning the acquisition of some 285 earthmoving equipment has opened another Pandora's box, raising issues about the acquisition procedures and conflicts of interest.
In his letter dated July 9, 2024, President Boakai informed members of both Houses that the government's effort to acquire what is now known as "yellow machines" came out of a conversation with a long-time friend (relationship) who believes in his political agenda and has expressed his willingness to help.
President Boakai's letter states: "The initiative originated from a conversation between me and a long-time friend who shares a commitment to the ARREST Agenda. This friend was moved by the spirit of solidarity and a strong desire to participate in the implementation, in the shortest possible time, of our development agenda. He offered to provide equipment in good faith and on a gentleman's agreement."
The above statement connotes nothing more than a conflict of interest. This demonstrates why President Boakai initially ignored all laws governing procurement and purchase and failed to disclose full agreement details due to his relationship with the supplier.
Chapter 11 Article 90 of the 1986 Constitution states: (a) No person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy or constitute a conflict of interest. (b) No person holding office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by Government.
The Liberian Code of Conduct, which is premised on Articles 90 (a) &(b), explains that "a conflict of interest occurs when a public servant's private affairs or financial interest are or could be in conflict or believed to be in conflict with the public servant's duties or responsibilities in such a way that (a) his or her ability to act in the public (interest) could be impaired (b) His or her action or conduct has undermined or compromised or could undermine or compromise the public confidence in his/her ability to discharge the responsibilities or trust that is placed in him or her. (c) His or her action leads or could lead to the possibility or personal financial benefits or gains."
Debates surrounding the acquisition of these "yellow machines" proved certain that President Boakai's ability to act in the public interest was impaired by his relationship with the supplier (a long-time friend), prompting him to ignore the laws governing purchasing and procurement at such a magnitude.
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In his December 15, 2021, indictment against the National Elections Commission Chairperson by President Boakai's current Assets Recovery Chief, then Chairman of the Liberia Anti-Corruption Commission (LACC) Cllr. Edwin Kla Martin accused the former of conflict of interest and corruption.
Cllr. Martins, in his allegations or charges of conflict of interest and corruption at the time, indicated that Mrs. Browne-Lassanah rented thermometers from a company called Tuma Enterprises Inc., allegedly owned by her brother (relationship), for over US$180,000 outside of government procurement regulations during the November 16, 2021, by-elections in four counties.
"Knowing full well her vested interest (relationship) in Tuma Enterprise Inc., and having failed to make full disclosure to her fellow Commissioners or the Procurement Committee, is liable of the following counts: Section 1.3.6 (Conflict of Interest) of the National Code of Conduct for all public officials and employees of the government; and Part II, Section 2.2 of the Act establishing the LACC that describes insider trading as an act of corruption," said Cllr. Martin added, "And violation of section 15.3 for money laundering under section 15.2 of the Money Laundering Act of 2012, which provides insider trading and market manipulations."
The idea of bringing in such a huge amount of earthmoving equipment in the country as part of efforts to spur rapid development is laudable. However, one cannot brush the law aside in the name of development. There are laws and procedures governing procurement and purchasing that should be followed to avoid the current suspicion of corruption hovering over this deal.
With his over 42 years of experience in the public sector, President Boakai is expected to know how to "do it well or not at all."
