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‘Appointment of New FOI Commissioner Improper’ -Outgoing Commissioner Faults President’s Action

By The Analyst News on April 16, 2024

MONROVIA: Another appointment made by President Joseph Nyumah Boakai has come under stern protest as the country looks to the Supreme Court to announce rulings in a couple of other nominations also similarly challenged by Liberians.

“I called you here to speak on a very important national issue which has the propensity to affect Liberia’s image negatively and expose our country to ridicule and possible international isolation. I refer to President Joseph Nyuma Boakai’s recent appointment of an Independent Information Commissioner, without public screening as required by the Liberia Freedom of Information Act (2010), the Model Law on Access to Information for Africa, and international best practices”

Those were words of the out-going Independent Information Commissioner, Cllr. Mark Bedor-Wla Freeman, when he expressed indignation over the appointment of a new Commissioner to Liberia’s Independent Information Commission, Mr. Togar Joash Hodges.

Cllr Freeman is also the West Africa’s Representative within the leadership of the Africa Network of Information Commissioners (ANIC).

The Liberian legal practitioner and instructor at the University of Liberia pointed to Section 5.1 of the Freedom of Information Act which, amongst other things states that “the implementation of this Act, including compliance therewith, shall be overseen by an Independent Information Commissioner to be appointed by the President with the advice and consent of the Liberian.

“The Independent Information Commissioner shall be a Liberian of high moral character and generally acceptable to many stakeholders…”

He pointed out, as he put emphasis on the latter part of the section to make the point that screening is essential to determining that a person is a Liberian of high moral character and generally acceptable to many stakeholders.

“In our case,” Cllr. Freeman indicated, “a panel comprising the Ministry of Information, Civil Service Agency, youth and other stakeholders screened us prior to nomination, confirmation and appointment.”

Relating to what he called “Model Law on Access to Information for Africa,” Cllr Freeman said on the necessity for public screening, Section 46 says in part, “Selection and appointment of the information commissioners must be undertaken by the appropriate authority subject to the following conditions” including the call for nominations must be made public and issued by the appropriate authority; and Identification of candidates and the interview process must be transparent and include public participation…”

Further on international best practices, Cllr. Freeman pointed out that in almost all parts of the world, particularly in responsive democracies, screening is an integral part of selecting and appointing Information Commissioners, especially that Liberia has been in the forefront and an example for other countries to follow.

“In 2013, I was in Germany as Africa’s only Information Commissioner, participating in freedom of information policy formulation. In the same year, I was in Abuja, Nigeria, sharing Liberia’s experiences as the only country in Africa with an Information Commissioner. In 2017, I attended a national conference on freedom of information in The Gambia and served as a facilitator as that country transitioned from the Yaya Jammeh era to new democratic dispensation,” Cllr.  Freeman recounted.

He said this situation becomes even more embarrassing when one looks at Liberia’s position in the history of access to information in Africa.

He added: “In 2010 when Liberia passed its Freedom of Information Act, it was acclaimed as one of the best laws in West Africa, Africa, and the entire world. In 2012, following thorough public screening, I was nominated, confirmed by the Liberian Senate and appointed as the first and only Information Commissioner in Liberia, and on the entire African continent.”

The Liberia lawyer and University instructor further argued that that twelve years later, in 2024, Liberia is appointing my successor without public scrutiny, averring that the basis of his  concern is, “we should continue to be a pacesetter in the international community; we should not and must not retrogress when it comes to access to information”.

He dispelled any misguided notion that he is commenting on the appointment because he wants to continue to serve as Liberia’s Independent Information Commissioner.

“The truth is that I have no desire to remain in office after more than 10 years. I made this position known in a letter to President Joseph Nyuma Boakai two months ago. In that letter, to which I have received no acknowledgement, I requested for a meeting with the President to discuss issues relating to Freedom of Information in Liberia.”

According to him, Liberia’s status and rank in the international community requires the need to set up vetting mechanisms to find his successor in line with the law.

He divulged that up to the time of the President’s appointment of an Information Commissioner, and up to this day, “I have had no opportunity to meet the President”. See full text of Cllr. Bedor-Wla Freeman’s Press statement on page 2 of this edition.

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