Yesterday, I weighed into the discussions on tenure positions and bitterly argued that if the matter ever went to court, it would be difficult for the affected parties to win. I had assumed that since the President of Liberia has the power to appoint and fire at will, which is enshrined in Article 56-A, people holding tenure positions were not above the constitutional powers given to the President as mentioned in Article 56-A.
However, it’s important to mention here that I did not know that a similar situation occurred before with one Martin at the Liberia National Lottery, and the matter was taken to the Supreme Court for interpretation.
Interestingly, the Supreme Court in 2019, ruled in Martin’s favor. The Court said though the President has the right to appoint people to tenure positions, but does not have any rights while exercising such constitutional powers to dismiss anyone holding a tenure position, EXCEPT for a cause. Please read the article here.
Link: https://inquirernewspaper.com/supreme-court-sustains…/
As such, distinguished comrades and fans, this clarification is necessary so that the learning process can continue. Most importantly, I want to thank a very good friend from Cuttington who provided me with testimonial documents, which indicated that the Supreme Court had already made a decision on this matter.
In this light, I want to sincerely appeal to the President of Liberia to rethink his decision since the Supreme Court had already ruled on this matter.
The ARREST agenda has “Rule of Law,” and as such, the President should obey what is preached on paper. I, too, did not know that the Supreme Court had earlier ruled on this matter, and it is important to correct the wrongs before it gets too late.
Madam Emma Glasco’s Wahala
Based on the above-mentioned reassessment of the law, having previously presented my personal opinion, it is also important to stress the legality of the tenure position occupied by Madam Emma Glasco at the National Fisheries and Aquaculture Authority (NaFAA).
The National Fisheries and Aquaculture Authority (NaFAA) was created by an Act of National Legislation on October 9, 2017 and functions as a fully-fledged autonomous body pursuant to the Public Authorities Law of the Republic of Liberia.
However, there is an ongoing debate that the NaFAA boss, too, needs to be removed from office, even though she currently holds a tenure position.
Honestly speaking, I love how this lady reformed the entity and made it a very lucrative area that now attracts millions of dollars. In the past, that entity was completely dead, but she resurrected it on a global stage, which has increased monetary appetite, thereby causing people to now swallow their spit and hoping to immediately replace her. Chey Liberians, lol. Let talk so and talk so, chamore fine oo.
Ok let’s get serious na. Here Are Specific Sections of The Code of Conduct that people holding tenure position need to know from today’s date.
5.8 It is unlawful for any Civil Servant employed in any branch of the Government to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof.
No officer or employee in the Executive Branch of Government, or any agency or department thereof, shall take any active part in political management or in political campaigns.
All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects.
5.9 Any public official, after due process, who is found guilty of violating any provision of this section shall be immediately removed from the position or office held by him/her, and thereafter no part of the funds appropriated by any law for such position or office shall be used to pay compensation to such person.
While I do not want to preempt anything, here is what those holding tenure positions need to know. When you hold a tenure position, you are “automatically disbarred, disallowed, and prevented from partaking in any political activities.”
If anyone holds a tenure position and is involved in the active political process at the national level, that person can be removed from office immediately.
The question is, did Madam Emma Glasco and those who have been replaced in their tenure positions engage in political activities during the just-ended general and presidential elections in violation of the Code of Conduct?
If so, then section 5.9 of the Code of Conduct already quoted above should be utilized before removing them from office.
