Illegal Hearing? -Senate Committee Defies Court In Tenure Saga -Attempts Confirmation of NASSCORP Nominee

MONROVIA: Ever since brouhaha emerged over attempts by President Joseph N. Boakai to float Liberian laws on tenured positions for the apparent purpose to appoint individuals of his choice, public focus shifted to the National Legislature which has the fiduciary responsibility to block the President’s attempt by refusing to confirm or to go ahead with confirmation as a way of emboldening the president. Many Senate Committees have taken a position not to give the de-tenurization posture credence until the Supreme Court or any other Court of competent jurisdiction in the Republic declare their positions in the controversy. But it seems the Senate Committee on Public Corporations is doing something diametrically different—something pundits see an affront to the rule of law and respect for the judiciary. As The Analyst reports, the Committee headed by Grand Gedeh County Senator Zoe Emmanuel Pennoh, much to the consternation of legal-minded observers, is reportedly going ahead today with the confirmation hearing of nominee for the position of Deputy Managing Director for Administration at the National Social Security and Welfare Corporation (NASSCORP), a tenured position.

The Analyst has reliably learned that the Senate Committee on Public Corporations Chaired by Grand Gedeh County Senator Zoe Emmanuel Pennoh has been making attempts to conduct confirmation hearing for the new nominee, Cllr Moifee Kanneh, to the position Deputy for Administration at NASSCORP.

The actions, described as unlawful and abhorrent by some pundits, comes despite the issuance of the certificate by the Clerk of the Civil Law Court, Mr. Victor Gallor, intended to prevent the appointment of a new Deputy Director-General of the National Social Security and Welfare Corporation (NASSCORP).

Sources at the Senate have considered as illegal further confirmation hearing processes for the position of Deputy Director General of NASSCORP without allowing the court to hear and render judgment into a petition filed by dismissed NASSCORP Deputy Director-General, Madam Carmerna Cephas Yeke.

According to information gathered, the Senator Pennoh-headed committee’s initial attempt to conduct hearing for the confirmation of Cllr. Kanneh was resisted by some Lawmakers on grounds of respect to adherence to the rule of law.

Recently, President Joseph Nyuma Boakai “with immediate effect dismissed Madam Carmerna Cephas Yeke from the position of Deputy Director General of the National Social Security and Welfare Corporation (NASSCORP) for alleged acts of gross defiance to his office”.

But the dismissed deputy director filed a petition for Declaratory Judgment with the Civil Law Court at the Temple of Justice seeking redress for what she considered her “illegal dismissal” by President Joseph N. Boakai.

Accordingly, the Presiding Judge of the Civil Law Court, Her Honor Golda A. Bonah Elliott, assigned Circuit Judge Presiding, ordered the Clerk of the Court, Mr. Victor Gallor, to issue a Clerk’s certificate.

“Counsel for the Petitioner in these Proceedings most respectfully requests This Honorable Court to Issue a Clerk Certificate to the effect that the above-captioned case involving the removal of Madam Carmera Cephas-Yeke, by the President of Liberia, His Excellency Joseph Nyuma Boakal, Sr., from the position of Deputy Director General, National Social Security and Welfare Corporation (NASSCORP) is pending before this Honorable Court of Liberia,” a Court precept signed by the legal representation of the dismissed deputy director general indicated.

Cllr. Arthur Johnson said further: “In so doing, please allow this to constitute your legal and sufficient authority.”

Consistent with that court document, in the case seeking declaratory judgment in favor of Madam Yeke, the Clerk of the Court issued “the Clerk’s Certificate” in which he proclaimed that, “a careful inspection of records in the above named court reveals that the above captioned cause of action/case is pending before the above named court undetermined; up to and including the date of the issuance of this clerk’s certificate.”

Legal experts say the certificate is to deter further action into any attempt to put an appointee into the tenure position pending the Court determination of the “Declaratory Judgment” suit brought against the government.

Some legal pundits opined that the planned confirmation hearing for today will be illegal unless there is a court judgment to the effect of stating whether the government is wrong or right in its action to remove Madam Yekeh from her post.

“In the case that the suit goes against the government, the Boakai-led administration will be constrained to reinstate the dismissed deputy director general or pay her for the remaining time of her tenure,” another legal luminary has said.

Others wonder why the Pennoh-headed Committee is in a rush to confirm amid protests and consternations expressed not only by the petitioner in the “declaratory judgement” case but by many other Liberians who are affected and also seeking the rule of law to take its course.

The Senator could not be reached up to press time, despite efforts made.