From suspending legally protected tenure officials and subsequently replacing them with acting officials outside of the Liberian Senate to purchasing "yellow machines" outside of procurement procedures, President Joseph N. Boakai is proceeding wrongly.
The Liberian Constitution, which President Boakai swore to protect, contains procedures that guide the actions of the Presidency; anything outside of that is a complete violation.
The law is the law, and President Boakai is not above the law. His actions as President should be within the confirms of the constitution. Article 2.1 of the Liberian Constitution put that succinctly. Article 2.1 of the 1986 Constitution states: "This Constitution is the supreme and fundamental law of Liberia, and its provisions shall have binding force and effect on all authorities and persons throughout the Republic."
The indefinite suspension of Central Bank of Liberia Executive Governor J. Aloysius Tarlue and his subsequent replacement with Mr. Henry Saamoi is not just illegal, but it violates the doctrine of separation of power. Simply put, President Boakai has and continues to step beyond his bonds and show complete disregard for the Constitution.
Many will argue that the same constitution gives Mr. Boakai the right to exercise the power of the presidency, as enshrined in Article 56.
Article 56 (a) of the Constitution gives the President the power to appoint ministers, deputy ministers, assistant ministers, county superintendents, and other government officials who serve at his will and pleasure. However, the same law provides procedures for the removal of certain appointed officials.
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For instance, the President has the power to appoint Justices of the Supreme Court and other judges as prescribed by the Constitution. However, there are procedures for removing them. The same applies to individuals appointed to tenure positions within the Executive branch.
In the instant case, Section 14.4 of the Amended and Restated CBL Act states that the Executive, non-executive, or Deputy Governor shall be removed by the Senate from office only upon a Bill of Impeachment (emphasis supplied) submitted by the House of Representatives.
The provision gives grounds on which the officials can be impeached, which includes gross breach of duty, misconduct in office, conviction of a felony, and declared bankrupt.
Other grounds include disqualification or suspension from practicing his profession in Liberia by order of a competent authority made in respect of him and being adjudged or otherwise declared to be a person of unsound mind or incapable of properly performing the functions of the office owing to ill health.
In suspending Mr. Tarlue indefinitely without pay, President Boakai also violated Article 20 (a) states that no person shall be deprived of life, liberty, security of the person, property, privilege, or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in the Constitution and by due process of law.
As if that was not enough, President Boakai proceeded further by appointing Tarlue's successor outside of the CBL and the Liberian Senate.
