Legal Mindset

SUPREME COURT RULING IN LTA, NIR, GC 🆚 GOL

The court’s judgement explains that the establishment of institutions and assigning tenure positions by the legislature is in line with the constitution. It further explains that all authorities bestowed upon the president in Article 56 (appointment & dismissal) are effective.

The ruling added that the president decision to remove tenure officials without the existence of any of the conditions in the act creating the respective entities is a misstep. This means that the government needed to determine reasons for removal and allow those officials be heard (due process).

☑ Liberia Telecommunications Authority LTA: A person may not be removed from office as a Commissioner unless the person while holding the position has a conviction or convicted or involve in corruption; and violation of the code of conduct. (DUE PROCESS)

☑ National Identification Registry NIR:
The President appoints members to the Board of Registrar at the National Identification Registry. It is the responsibility of the Board to appoint the Executive Director and not the president. (MISSTEP)

☑ Governance Commission GC:
A commissioner may however be removed from office by the president for proven misconduct and gross breach of duty and violation of the code of conduct. (DUE PROCESS)

The ruling maintained that the request of those tenure officials asking the court to direct the president to stop the intimidation of dismissal is accepted (peremptory writ). The president can only remove them when there is an establish cause(s) and a due process is carried out.

In conclusion, the court instructs the president to withdraw the nominations of all those appointed at LTA, NIR, and GC.

Harris Gballey ✍️