-LTA Commissioners refute reports about their withdrawal from the tenured positions case
By Jerromie S. Walters
Liberia Telecommunications Authority (LTA) Commissioners Osbome Diggs, and James Gbarwea have refuted reports about their withdrawal from the case involving them and the Executive Branch of government.
In what was purported as a notice for withdrawal of the case dated February 27, 2024, to the Supreme Court, it reads that both Commissioners Osbome Diggs and James Gbarwea of the Liberia Telecommunications Authority requested for withdrawal.
“You will please take note and spread on the records of the above-captioned case, that Co-
Petitioners Osbome Diggs, and James Gbarwea, Commissioners of the Liberis
Telecommunications Authority, at this moment, withdraws from the above-entitled cause of Action for personal and legal reasons, previously communicated to the other Co-Petitioners.”
But in a conversation with WomenVoices over the weekend, the Commissioners said they are not knowledgeable about the notice for their withdrawal from the case and they are more communities to the case than before.
James Gbawea, “I’m not aware of it. When asked about his position in the case so far, he noted: “Still good, I’m not aware of it and that’s it. Nothing more than that. I’m out of the country, I will be back in the country and then I will take care of that.”
Taking Gov’t to the law
On February 26, 2024, five Commissioners of the Liberia Telecommunications Authority (LTA) filed a petition for a Writ of Prohibition against the Liberian government arguing that their removal from office by President Joseph Boakai is unlawful and violates the Telecommunications Act of 2007, which established the LTA and governs the appointment and tenure of commissioners.
The petitioners include Edwina Crump Zackpah (Chairperson), Israel Akinsanya, James Gharwen, Zatowon Titus, and Osborne Diggs. According to them, they were appointed as commissioners with fixed terms set to expire in 2026, but have been targeted for removal before the completion of their tenures. They argue that the President’s nomination of new commissioners for confirmation by the Senate, while they are still serving their lawful terms, is a violation of their rights and the laws of Liberia.
According to the petitioners, the Telecommunications Act explicitly outlines the process for appointing commissioners to the LTA, including Senate confirmation and fixed terms of office. They maintained that the President’s authority to appoint commissioners is subject to these statutory provisions and cannot override the tenure guaranteed by law. The petitioners cited legal precedents, including the case of Martin S. Kollie vs.
Executive Branch of Government, which established that removal from office must be for cause and by the law.
The petition: “That consistent with the Liberia Telecommunications ACT of 2007, a person serving as commissioner or Chairman may not be removed from office prior to the completion of his or her term of appointment without cause as defined by the ACT. In the instant cause, the Petitioners have done nothing in violation of the law to warrant their replacement or removal. The court is requested to take judicial cognizance of the law controlling.”
Also, in the case, Martin S. Kollie Versus Executive Branch of Government Heard on October 30, 2018, Decided, August 2019, the Supreme Court held thus… for the President of the Republic of Liberia to remove the Director General of the National Lottery Authority, that removal must be for a cause as provided by law. It was therefore wrong for the current President of Liberia to have appointed another person as Director General of the National Lottery Authority while the tenure of the Petitioner as Director of the National Lottery Authority had not expired.”
In their plea to the Supreme Court, the petitioners emphasized the importance of upholding the rule of law and protecting the tenure rights of government officials. They argued that allowing their removal without cause would set a dangerous precedent and undermine the stability and integrity of Liberia’s democratic institutions.
The petitioners’ legal counsel, represented by Zoe and Partners, urged the court to grant the Writ of Prohibition, prevent the unlawful removal of the commissioners, and uphold the principles of justice and legality.
Following this, the Court ordered the Executive to stay further actions relating to the nominations to those positions until the conference was held on Wednesday, February 28, 2024.
However, it was later reported that the scheduled conference between the government and tenure position holders failed to materialize as the Minister of Justice and government lawyers were absent. The reason for the government’s absence was made known.
Appointments to LRA tenured positions
Early Tuesday, February 20, 2024, President Joseph Nyuma Boakai, Sr., nominated additional officials to positions in government affecting several line Ministries and Agencies.
Shockingly, among those appointed, the Liberian Leader nominated Mr. Abdullah Kamara as Chairperson of the Liberia Telecommunications Authority (LTA), along with other persons as Commissioners, even though these are tenure positions that are currently being occupied.
According to the act that established the entity, it provides that: “(1) A person may not be removed from office as a Commissioner or Chairman, or from any other office that is made subject to this Section, before the completion of his or her term of appointment unless the person: (a) at the time of appointment, or while holding the position of Commissioner, Chairman or other office, has a conviction or is convicted for any offense in Liberia or elsewhere: i) under criminal law; ii) involving dishonesty or corruption; and iii) where the penalty for such offense includes imprisonment for one year or longer (irrespective of whether such penalty has been or is imposed concerning such conviction).”
It continues, “(b) acts contrary to Section 10 (3), and does not remedy the default to the satisfaction of the Minister. Removal can also be applied if there is an undischarged bankrupt; or (is determined by two medical practitioners to be unable to perform the responsibilities, functions, duties, and powers of a Commissioner or other office due to any physical or mental incapacity.”
“(2) If it becomes necessary to replace the Chairman or a Commissioner as a result of death, resignation, or where the person is removed as permitted by Section 10 (1) above, the replacement will be appointed using the process described in Sections 9 (1) to 9 (4) or such other process as is approved by Cabinet.”
On Tuesday, Mr Abdullah Kamara, Chairperson, was appointed along with Mr. Patrick Honnah, Commissioner, Clarence Kortu Massaquoi, Commissioner, Ben A. Fofana, Commissioner, and Ms. Angela Bush Cassel, Commissioner.
As required by the act that established the LTA, the President shall appoint a Commission consisting of five (5) Commissioners to oversee the operation of the LTA and to exercise the functions and powers of the LTA.
It provides that the appointment of Commissioners pursuant to this Section 9 (1) shall be subject to Senate confirmation. The President shall designate one of the five appointed Commissioners to be Chairman of the Commission.
“The term of office for the Commissioners shall be four (4) years. The appointment of any Commissioner may be renewed by the President for another term of four (4) years. No member of the Commission shall serve for more than two (2) terms.“
