Executive Has No Authority To Remove Tenure Officials’ -Senator McGill Chides at Executive Branch

MONROVIA: Margibi County Senator Nathaniel F. McGill has questioned what he called the arbitrary removal of tenure officials from office by the newly elected Unity Party Government, wondering on what authority the Executive Branch of the government will declare arbitrarily any statute without a hearing held by a court of competent jurisdiction.

The Margibi County Senator also wondered whether or not the Executive Branch or any of its officers can deprive any citizen who holds a contractual agreement with the government their rightful contractual benefits without violating.

The one time Minister of State under the CDC government was reacting to a statement by the legal advisor to President Joseph N. Boakai who the Senator quoted as saying the cabinet has decided that “tenure statute violates article 54 of the 1986 Constitution of Liberia and therefore all tenure officials will be removed from office.

Senator McGill further quoted the Legal Advisor as saying they will pay some individuals because the Supreme Court said the government should respect contracts, and that “tenure officials who were campaigning will not get paid because they violated the code of conduct.”

In his reaction, Senator McGill listed provisions of constitutional articles 2, 12, 13, to 21 which deal with human rights issues in defending the tenure officials.

He said in Article 21, “No person shall be made subject to any law or punishment which was not in effect at the time of commission of an offense, nor shall the Legislature enact any bill of attainder or ex post facto law.”

According to him, “No person shall be subject to search or seizure of his person or property, whether on a criminal charge or for any other purpose, unless upon warrant lawfully issued upon probable cause supported by a solemn oath or affirmation, specifically identifying the person or place to be searched and stating the object of the search; provided, however, that a search or seizure shall be permissible without a search warrant where the arresting authorities act during the commission of a crime or in hot pursuit of a person who has committed a crime.

Senator McGill indicated that under the dictates of the Constitution every person suspected or accused of committing a crime shall immediately upon arrest be informed in detail of the charges, of the right to remain silent and of the fact that any statement made could be used against him in a court of law, adding that “Such person shall be entitled to counsel at every stage of the investigation and shall have the right not to be interrogated except in the presence of counsel.”

Any admission or other statements made by the accused in the absence of such counsel shall be deemed inadmissible as evidence in a court of law,” pointing out that “Obligation of contract shall be guaranteed by the Republic and no laws shall be passed which might impair this right.”

He said the executive branch cannot declare any law unconstitutional except by a court, stating that the supreme Court has held that the legislature has the authority to create new agencies of government with tenure consistent with article 89.

“And the executive branch cannot arbitrarily deny a citizen a salary without a court order.   The action of the executive branch is a recipe of bad governance and could have serious future consequences if it is not stopped,” he added.

1 Comment
  1. Jake Doe says

    Boakai and his advisers are so corrupt and extremely ignorant that they care less and of course do not know that according to the plain meaning rule which is their silly argument (the word peasure in Article 56 of the Liberian Constitution), THE PLAIN MEANING RULE IS INAPPLICABLE WHEN APPLYING SAME IS REALISTICALLY ABSURD, AND RUNS CONTRARY, ABUSIVE, AND ARBITRARY TO THE PURPOSE OF THE GIVEN CLAUSE …THE PLEASURE CLAUSE OF ARTICLE 56 OF THE LIBERIAN CONSTITUTION.

    They are so corrupt and dumb that they do not know that no court in Liberia or in the world shall condone their total disregard for fundamental values as honesty, human rights, fairness, ethics, morals, genuine justifications, etc vis a vis the plan meaning rule which prohibits precisely this disgraceful and fraudulent behavior of Boakai on the one hand. And on the other hand, their seeming ignorance of the social purpose rule as it deals with the absurdity limit on plain meaning rule.

    And this is the experience some said Boakai had so much.

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