By Wonderr K. Freeman

On April 24, 2024, The Supreme Court of Liberia ruled that article 56 of the Liberian constitution is no greater than article 89. The Court, in their wisdom, opined that just as article 56 gives the President the power to appoint [officials], article 89 equally gives the Legislature the power to create additional agencies of government and ascribe unto them powers in furtherance of the Constitution. The Bottom Line: Mr. Boakai’s decision to appoint officials in contravention of multiple tenure laws was ULTRA VIRES, UNCONSTITUTIONAL, and violative of the DUE PROCESS guarantees under the Constitution. An ostensibly angry Mr. Boakai, within 24 hours of the Court’s decision, has decided to undermine the Supreme Court, undermine the rule of law, and render the judgment of the Court practically meaningless. This is a whole new level of illegality, not seen since 1847. By undermining the Supreme Court, President Boakai is asking for impeachment. I think the National Legislature should give him exactly what he’s asking for. In less than 100 days in power, all Mr. Boakai has managed to do is violate, violate, violate – every possible law on the books.

1. He’s violated the Constitution – by setting up a committee of Senators to manage appointment of executive officials (a violation of article 3 of the Constitution, and the doctrine of separation of powers).
   
   
2. He’s constructively rendering meaningless a decision of the Supreme Court (another violation of the Constitutional dictate of three (3) separate and co-equal branches of Government).

• He’s violated multiple statutes on tenure (position). The Supreme Court has just told him he’s in violation of the law and must withdraw his nominees. Now, he’s angry and has chosen to brazenly undermine the Court. This is a whole new level of illegality.
  
  
• He’s twice offered to bribe members of the National Legislature (1^st) to vote his choice of speaker, and (2^nd) to consolidate forces for a possible removal of the House speaker (Hon. Kofa), as alleged by Hon. Yekeh Kolubah.  Mr. Boakai has opted to remain silent in the face of such grave allegations, which is his right to do so. Notwithstanding, he’s tried to blackmail his accuser using surrogates, an ostensible obstruction of justice.

• He’s violated the Budget law and the Public Financial Management law by incurring US$20m in government debts without Legislative approval.
  
  
• He’s violated the Public Procurement (PPCC) law by supporting the Ministry of Public Works to award a contract worth US$ 20m without following Public Procurement (PPCC) rules.
  
  
• He’s violated the Local Government Act (2018) by appointing people to positions that should be filled by county (provincial) authorities.
  
  
• He’s connived with his Chief of Staff to solicit funds from Social Security for purchase of vehicles (SUV’s) without disclosure and without legislative approval– a violation of the PFM law, the Code of Conduct and multiple anti-graft laws.
  
  
• He’s violated the Code of Conduct Act (2014) by declaring his assets well outside of the period provided by statute. He’s continued his flagrant violation by refusing to enforce the Code of Conduct law against his appointed officials despite his presidential oath that mandates him to respect and enforce all laws of the Republic.
  
  
• He’s violated the LACC & FIA Acts by will ascribing their functions to a bunch of UP zealots, under the guise of an Assets Recovery Team, which Team has gone on to violate article 20/21 of the Liberian Constitution. It took an intervention of the Supreme Court to halt their brazen illegality.
  
  

Under this Boakai/UP regime, it’s just been one violation after another. The question is: Where is the National Legislature? Will they take the necessary action(s) to preserve the Constitution and save the State or will party politics take precedence over the rule of law – as usual?