Those who disagree with President Weah’s last minute appointments of an associate Justice and a head of LRA with just weeks to the end of his tenure are struggling to explain the basis of their protest.
Is the sitting President without the power to make these appointments? Are there express or implied law or Supreme Court rulings that prevent President Weah from proceeding in the manner in which he is proceeding?
I have consulted at least 6 Liberian constitutional lawyers and they all say the President has broken no law and their opinion was also vindicated when the Chief Justice cleared the move.
Opponents of the move whom are mostly Unity Party activists, executives, sympathizers or just critics of Weah have been nurturing another argument, the argument of “expediency”. Although repeated a lot, this “expediency hasn’t really been explained yet.
In the absence of a coherent public explanation of the expediency argument being made by the Weah hatters and JNB enthusiasts, I have decided to help myself.
My first stop? The Oxford Dictionary; “the fact that an action is useful or necessary for a particular purpose, although it may not be fair or right.”
With the definition above is a lexical definition of the word expediency, I will also supply below before showing that expediency as a concept operates more in favor of Weah’s decision not against it.
“helping you deal with a problem quickly and effectively, but in a way that may not be fair or honest. Where it is available, foreclosure by power of sale is generally a more expedient way of foreclosing on a property. expedient meaning – Legal definition – World Law Dictionary.”
Both the lexical and legal definitions of expedient action actually support the decision of President Weah who could not anticipate the early retirement of Cllr. Joseph Nagbe neither could he anticipate the death of Thomas Doe Nah.
Both circumstances compelled the President to make a last minute appointment to ensure smooth transition and meet constitutional requirements.
What would the critics have Weah do? Let JNB be worn in without a full Supreme Court bench?
Would they want LRA to remain without a Director General as that crucial state body prepare important documents and transitional instruments with reaching ramifications?
My guess is no to all of the questions posed above and this is why Weah’s appointments are legal and expedient with clear constitutional authority. Although it may seem unfair to JNB as an incoming President, the late appointments are expedient to assure the proper hand over of power in accordance with the Constitution.
I am sure most of the anxieties being created in the UP about the appointments are being driven by politicians who were hoping to take these posts themselves and not born out of any sense of patriotism. By Menipakei Dumoe