Monrovia — Ex-President George M. Weah's Minister of State for Presidential Affairs, now Margibi County Senator Nathaniel F. McGill, files a twenty-eight (28-count) petition before Chamber Justice Yusuf D. KABA, for issuance of ALTERNATIVE WRIT OF PROHIBITION against the Government of Liberia.
The Supreme Court of Liberia has held that: "A writ of prohibition is the proper remedial process to restrain an inferior court from taking action in a case beyond its jurisdiction or having jurisdiction the court has attempted to proceed by rule different from those which ought to be observed at all times." See Parker v Worrell 2 LLR 525 (1925)
Senator McGill, currently being interrogated by the Liberia Anti-Corruption Commission for alleged payroll padding, is appealing to the Justice-In-Chambers for the issuance of the writ to prevent the LACC, Civil Service Agency (CSA) and the Ministry of Justice (MOJ) from conducting and refraining what he terms as all and any, further actions regarding a purported corruption and payroll padding investigation against him.
The petitioner says he was appointed as Minister of State for Presidential Affairs and, by such appointment, was designated as "principal assistant" of the President in the President's Office, enjoyed and exercised executive privilege, and performed actions and activities at the behest of the President whose office is constitutionally immune from all criminal prosecutions, including but not limited to, criminal investigation unless impeached for a felonious crime as in keeping with Article 61 of the 1986 Constitution.
He submits and argues that the Office of the President has never been the subject of any criminal investigation or inquest because the President democratically surrendered power through the ballot box. Therefore, the Office of the President is and remains constitutionally sacrosanct to any form of investigation.
He points out that his actions and duties performed upon the instructions or directives of the President, consistent with Articles 18 and 25 of the 1986 Constitution, are not reviewable by any judicial or quasi-judicial inquest or any form of criminal investigation because they are protected under the scope of executive privilege, except when impeached consistent with due process.
He notes that this does not exist in the instant case, and therefore, revealing such information absent an impeachment and removal of the President under Article 43 or upon an order of a court of competent jurisdiction will no doubt amount to an illegal invasion of the constitutional immunity of the Office of the President and will jeopardize national interest and national security, saying "Your Honor is most respectfully requested to take judicial notice of the immunity of the president's office to any form of criminal investigation."
Senator McGill further argues that assuming without admitting that the Office of the President initiated a supplementary payroll outside of the CSA process, which is not valid, the Respondents lack the legal capacity or standing to question neither the President nor his principal assistant, who occupies the Office of the President and through whom all actions based on the instructions and directives of the President are performed within the Ministry of State for Presidential Affairs.
"Petitioner says and submits that all and every official act by the Minister of State is covered by immunity, including but not limited to signing pay payrolls and checks for employees and contracts within and without the executive branch, and such actions being the works of the Office of the President are protected under executive privilege, and the Minister of State for Presidential Affairs is statutorily and constitutionally prohibited from divulging certain information in any investigation proceedings, especially regarding national security, diplomatic negotiations, or internal executive deliberations and administration. Your Honor is most respectfully requested to take judicial notice of the role of the Minister of State."
He challenges the jurisdiction of the Respondents on the grounds that he is legally immune from all criminal investigations because his actions then as Minister of State were performed based on instructions and directives given by the President, whose office he formerly occupied as the President's Principal Assistant in keeping with the law.
He terms the LACC's corruption and payroll padding investigation against him as ultra vires, and prohibition will indeed lie on the grounds that constitutional immunity devolves upon the President under Article 61, which refers to actions and activities that the President officially performs as Head of Government under 50, but are, in operational terms delegated to his "principal assistant" under Title 12, Liberian Code of Law Revised Executive Law subsection 2.1 which gives the Minister of State the power and authority.
"COME NOW THE PETITIONER in the above-entitled cause of action and most respectfully prays Court and Your Honor for the issuance of the ALTERNATIVE WRIT OF PROHIBITION, inhibiting, restraining and prohibiting the within named Respondents to refrain from all and any further actions regarding a purported investigation for a Supplementary Payroll for the following legal and factual reasons as shownbelow", he notes.
Senator McGill discloses that he was appointed and served as Minister of State for Presidential Affairs pursuant to Rev. Code 12, subsection 2.1 subtitled: 'Minister of State for Presidential Affairs' which expressly states: "The President by and with the advice and consent of the Senate shall appoint an official within the Office of the President, with the title of Minister of State for Presidential Affairs. He shall be a member of the Cabinet and shall serve as the Principal Assistant to the President.
He shall serve at the pleasure of the President and shall perform the following duties: Follow through and coordinate all decisions of the Chief Executive."
He wants the Chamber Justice to specifically order and instruct the Respondents from spreading misinformation regarding a purported payroll paddling, which he argues is only intended to belittle, demean, and thereby create false and misleading information about corruption allegations involving the Office of the President-occupied by the Minister of State as the President's Principal Assistant.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Instead, he asks the Chamber Justice to cite the parties to a conference and later a hearing that will issue the Alternative Writ, thereby ordering and mandating the Respondents to file their returns to the petition forthwith, and will further instruct and order the parties to return to STATUS QUO ANTE, pending complete determination of the petition.
The former Minister of State maintains that the question presented before the Honorable Court of last resort is generally for determination, not whether another available remedy is adequate.
He wants the court to pass any order to give full effect to Subsection 2.1 of the Executive Law vis-à-vis Articles 18 and 50, emphasizing the guarantee of equal employment opportunity rights for all Liberians and the President's responsibility to form such task as Head of Government.
Senator McGill also requests that he be granted unto all any further relief deemed just and equitable on the premises.
"Finally, Petitioner says prohibition will undo what has not been legally done, and where anything remains to be done, prohibition will not only prevent what remains to be done, but will also give complete relief by undoing what has been done", he rests his argument.
The Boakai is auditing the previous administration under former President Weah, a decision brewing bad blood between current and past officials here.
