MONROVIA - Suspended Chairperson of the Independent National Commission on Human Rights, Cllr. T. Dempster Brown has petitioned the Supreme Court of Liberia for a Writ of Prohibition seeking to stop the Government of Liberia from implementing actions stemming from what he describes as his unlawful indefinite suspension from office.
The petition, filed before the Supreme Court sitting in Chambers during its March Term 2026, names as respondents the Government of Liberia through the Ministry of Justice and Commissioner Mohammed E. Fahnbulleh, who has been designated by the Executive Branch to serve as the purported Acting Chairperson of the INCHR.
In the petition, Brown asks the Court to issue an Alternative Writ of Prohibition immediately restraining the respondents from continuing actions he argues violate the Act establishing the Commission. He also seeks a Peremptory Writ restoring the parties to the status that existed before his suspension until the matter is finally determined by the Court.
According to the petition, the case was brought under Sections 16.21(3) and 16.22 of Liberia's Civil Procedure Law, which empower the Supreme Court to prohibit government officials from acting beyond the authority granted to them by law. Brown argues that the matter is urgent because the Executive Branch continues to implement decisions that allegedly undermine the statutory independence of the country's national human rights institution while causing ongoing injury to his office.
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Brown maintains that he remains the duly appointed and Senate-confirmed Chairperson of the Commission despite being placed under indefinite suspension by the Executive Branch.
Responding to allegations that reportedly formed the basis of the suspension, Brown categorically denies the forgery claims, asserting that notarized copies of board meeting minutes attest to the authenticity of the documents in question. He also rejects allegations that the Commission failed to hold board meetings, noting that invitations and minutes from meetings held between 2024 and 2026 demonstrate regular board activity.
Brown further disputes accusations that he arbitrarily withheld the salaries of some commissioners. According to the petition, that issue was previously litigated before the Full Bench of the Supreme Court in 2024, which allegedly recognized his administrative authority over the Commission. He argues the matter is therefore res judicata, meaning it has already been judicially decided and cannot legally serve as the basis for disciplinary action.
The petition further contends that the Executive Branch violated his constitutional right to due process. Brown points to language in his suspension letter indicating that the Ministry of Justice would conduct a full investigation and later submit its findings to the President. According to the petition, this demonstrates that the suspension was imposed before any formal investigation or hearing was conducted, thereby denying him the opportunity to defend himself before disciplinary action was taken. Brown argues that such action violates fundamental due process protections guaranteed under Liberian law.
The petition provides extensive background on the legal framework governing the Commission, noting that it was established by an Act approved on March 11, 2005, as an independent, non-political institution responsible for promoting and protecting human rights throughout Liberia. According to Brown, the Legislature intentionally insulated the Commission from political interference by providing fixed terms of office for its leadership. The Chairperson serves a six-year term, while the six Commissioners each serve five-year terms to ensure institutional continuity and independence.
Brown states that he was lawfully appointed by the President, confirmed by the Liberian Senate, commissioned according to law and subsequently assumed office as Chairperson before being indefinitely suspended. The petition argues that the Executive's subsequent designation of Fahnbulleh as Acting Chairperson violates the Act establishing the Commission because the law provides a specific process for removing commissioners.
Central to Brown's legal challenge is Article XIV of the INCHR Act, which he argues establishes the exclusive procedure for removing a commissioner or chairperson from office. According to the petition, Article XIV permits dismissal only after impeachment and conviction by the Legislature based on proven gross misconduct in a court of law involving offenses such as treason, bribery, misapplication of entrusted property or other felonies. Brown contends that because no impeachment proceedings were initiated and no conviction has occurred, the Executive Branch lacked legal authority to suspend him indefinitely or appoint an acting chairperson in his place.
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He argues that these actions constitute unlawful executive interference in the affairs of an independent statutory institution and threaten the Commission's autonomy, the legality of its official acts and public confidence in Liberia's national human rights system. The petition asks the Supreme Court to intervene by immediately prohibiting further implementation of the Executive's decisions while the legality of the suspension is judicially reviewed.
As of the filing of the petition, the Supreme Court had not yet announced a hearing date or ruled on Brown's request for an Alternative Writ of Prohibition. The Ministry of Justice and the named respondents are expected to respond should the Court issue the writ and require them to show cause why the requested relief should not be granted.
