Boakai Accused of ‘Abuse of Power’ -Legal Pundit Says Appointing ‘Acting Officials’ Unconstitutional

MONROVIA: One dominant reason most politicians, academics and legal luminaries have been on President Joseph Nyuma Boaka’s back, grilling and accusing him of gross governance misdemeanours is his cracking of the tenure shields that protect a number of executive appointees. That also is believed to be arbitrary, illegal and abuse of power. But, behold, there is another angle of the Boakai missteps which many hardly discuss—his appointments of acting officials, some carrying out official duties almost indefinitely. One legal expert who does not want to be named in print, fearing reprisal due to his proximity to the presidency, pointed to a rarely talked about presidential violation, something he described as “abuse of power” in an interview with The Analyst.

A Liberian legal luminary and constitutional scholar says President Joseph Nyuma Boakai is perpetrating what he calls “abuse of power and abuse of public office” in appointing acting cabinet officials and other members of the Executive Branch.

The anonymous source told The Analyst: “I consider it as an abuse of power and abuse of public office for the President, acting pursuant to Article 50, as Head of Government, extra-constitutional powers by illegally assuming or arrogating unto himself/herself absolute appointment powers under (Article 54(a), absent of Senate confirmation.”

The legal veteran who begged not to be named in this paper said the appointment of an executive governor of the CBL or Governance Commission (GC) is a step by step process of nomination, confirmation, appointment and commission.

“It is not absolute appointment,” he asserted. “The President has taken an oath of office under Article 53, to uphold, defend and protect the 1986 Constitution. For the President to appoint ‘acting officials’ outside the parameters of his powers and to allow these illegally appointed ‘acting officials’ to be taking salaries and performing duties ascribed for constitutionally vetted officials constitutes an obstruction of legislative functions and violates Article 44 of the 1986 Constitution.”

The pundit also said the obstruction of legislative functions under Article 44, includes but not limited to contempt of the Legislature, and an abuse of power or an attempt to undermine the authority of the legislature.

He stressed: “A Legislative obstruction is defined as ‘actions which obstruct the legislative functions.’ It is further defined as  aiding and abetting individuals designated as “acting official’  to act on orders of,  or within the scope of  the President’s   authority and to openly disrespect and flout the authority of the legislature vis-à-vis the Honorable Liberian Senate  by  bypassing confirmation hearing.”

The legal luminary also noted that the President’s absolute exercise of appointment powers of individuals to cabinet and cabinet-relation positions seriously undermines or erodes the principle of coordination of Article 3, and it violates Article 76(5) of the 1986 Constitution.

The quoted provision states that “abrogating or attempting to abrogate, subverting or attempting or conspiring to subvert the Constitution by use of force or show of force or any other means which attempts to undermine this Constitution”, some he emphasized is a treasonable, and constitutes an impeachable offense.

The President’s absolute exercise of   appointment powers of individuals to cabinet and cabinet-relation positions  seriously undermines  or   erodes the principle of coordination  of  Article 3,  and it violates   Article 76(5)  of the 1986 Constitution which  expressly states:  “Abrogating or attempting to abrogate, subverting or attempting or conspiring to subvert the Constitution by use of force or show of force or any other means which attempts to undermine this Constitution”, and therefore treasonable,  constituting an impeachable offense.

The anonymous legal expert also added that the President of the Republic of Liberia, in the first place, lacks automatic appointment powers to cabinet and cabinet-related positions under the 1986 Constitution.

Explaining further the processes involved, he said Article 54(a) of the1986 Constitution grants the President nominating powers, after which, the nominee shall face a confirmation hearing by the Liberian Senate in order to be vetted on the veracity of his/her academic qualification, experience and competence.

He said it is when the nominee is confirmed by the Senate that she/her is then appointed by the President and subsequently commissioned.

“In filing out public offices, the 1986 Constitution devolves upon the President the powers to nominate, appoint and commission, whereas the Liberian Senate is the constitutional examiner to all cabinet and cabinet-related appointments,” our legal source posited.

“I submit that 986 Constitution does not grant the President the power and authority to appoint “acting officials” to cabinet or cabinet-related positions as in the case of the Central Bank of Liberia (CBL),” he said referring to Article 54(a).