-Orders immediate reinstatement or, the payment of full compensation
By Vaye A. Lepolu
Monrovia – The Supreme Court of Liberia has ruled that the removal of Dr. Christopher Dougbeh Nyan as Director General of the National Public Health Institute of Liberia (NPHIL) was illegal, unconstitutional, and a violation of due process. The Court has ordered his immediate reinstatement or, in the alternative, the payment of full compensation for the unexpired term of his five-year tenure.
Delivering the opinion in chambers on February 16, 2026, Associate Justice Jamestta Howard Wolokolie granted a peremptory writ of prohibition in favor of Dr. Nyan. The Court held that both the Executive Branch and the NPHIL Board of Directors failed to adhere to the mandatory procedures prescribed by the NPHIL Act of 2016 before effecting his dismissal.
Dr. Nyan was initially appointed to the position on August 1, 2024, for a statutory five-year term as defined under Section 4.1 of the NPHIL Act. His tenure was cut short on September 17, 2025, following a resolution by the NPHIL Board recommending his dismissal. The Board’s resolution cited allegations of “gross inefficiency” and “conduct inimical to the public interest.” Acting on this recommendation, President Joseph Nyuma Boakai, Sr. proceeded to terminate Dr. Nyan’s appointment.
In his petition to the Supreme Court, Dr. Nyan argued that his removal was summary and unlawful, as it occurred without any prior investigation, formal charges, or a hearing. He contended that this contravened Section 4.4(c) of the NPHIL Act and Article 20(a) of the 1986 Constitution of Liberia, both of which guarantee the right to due process. He maintained that he was never found liable for any statutory ground that would warrant his removal.
The Supreme Court’s ruling found merit in these arguments. Justice Wolokolie noted that while the Board’s resolution cited provisions of the NPHIL Act related to inefficiency and acts undermining good governance, there was no evidence presented to the Court that these allegations had been substantiated through a proper investigation. The opinion highlighted that the Board’s own resolution made no reference to any investigative findings, and counsels for the government were unable to produce an investigation report when questioned directly by the Court.
The Court also dismissed the government’s attempt to justify the dismissal by referencing a February 2025 inquiry report—the same report that had led to Dr. Nyan’s prior suspension and subsequent reinstatement. According to the ruling, that report had already served its purpose and could not be lawfully repurposed to justify a later dismissal, as doing so would effectively punish him twice for the same alleged actions.
Furthermore, the Court addressed the circumstances surrounding Dr. Nyan’s response to the allegations. He was given an opportunity to respond on the very day he was dismissed. Despite submitting a detailed five-page letter rebutting the claims, the Court deemed this last-minute opportunity grossly insufficient. “This,” the Court held, “fell far short of the requirements of due process and the right to be heard as guaranteed by the Constitution and international human rights instruments to which Liberia is a party.”
Citing its previous decision in Yealue et al. v. Executive Branch of Government (2024), the Supreme Court reiterated the principle that tenured public officials cannot be removed without a proper investigation and a hearing when statutes explicitly require removal for cause.
In its final order, the Court affirmed the alternative writ of prohibition and granted the peremptory writ. It directed that Dr. Nyan be reinstated to his position or, should reinstatement not be feasible, be paid all salaries, benefits, and emoluments due to him for the remainder of his five-year statutory tenure.
“The removal of the petitioner without proven cause and without due process stands in clear violation of the NPHIL Act and the Constitution,” the Court ruled.
The Clerk of Court was ordered to inform all parties accordingly. The ruling was handed down under the hand and seal of Associate Justice Jamestta Howard Wolokolie, presiding in Chambers.
