The joint Conference Committee of both houses on Concession set up recently, is calling on the Executive to lift the suspension of the TIA concession agreement.
Recently, the concession between the LTA and TIA was suspension by the government due to some irregularities. The Executive submitted to the legislature for review and recommendations.
Some members of the committee are, Albert Chie, Emmanuel Nuquay, Simeon Taylor, Foday Fahnbulleh, Ivar K. Jones and Judith Wiah.
The committee believes that the continued suspension will not help the country.
“The Government of Liberia should immediately lift the suspension of the TIA/LTA Concession Agreement to continue telecommunications traffic monitoring. The continued suspension is causing substantial revenue losses and exposing the country to national security risks. Liberia cannot afford to operate without an active telecommunications monitoring system, particularly in light of increased risks associated with drug trafficking, cross border smuggling and disputes, and revenue challenges due to external conflicts.”
The committee further added that the Government must cease any attempt to initiate or approve a new contract for the same services while the TIA/LTA agreement remains valid. Doing so violates constitutional and statutory protections, undermines Legislative authority, and exposes the Republic to international claims and reputational risks, exposing it to further erosion in its investment climate.
But it appears that the LTA has introduced a new company known as NUMTEL JVC Liberia. Little is known about this new company and only one James Sackie is one of the signatories on their document. There has been no due diligence nor any record of the company.
The committee said that respecting ratified agreements is essential to maintaining the rule of law. The TIA/LTA contract was ratified, signed, published, and executed for more than three years before any dispute arose. De-ratification under these circumstances undermines the rule of law and jeopardizes the country’s investment climate.
Therefore, the committee wants the suspension lifted.
It added that, at the same time, the ratified TIA agreement remains valid. The Conference Committee deems this unlawful interference with contractual relation, a serious violation of Article 25 of the Constitution and the PPCC Act that emphasizes that contracts must be administered according to their terms.
Moreover, it is the Conference Committee’s considered opinion that the Government of Liberia respects the commercial law doctrine enshrined in the TIA Contract Section §§1.2 & 16.2 which states that the contract remains binding unless lawfully amended or terminated. The Government has undertaken none of these lawful steps before initiating negotiations with a new investor, thereby acting outside the established legal framework.
The committee was particularly concerned about constitutional violation, which will not speak well of the country’s image.
Article 25 of the Constitution prohibits impairment of contractual rights. “The Legislature must avoid actions that violate this constitutional protection. The Government should therefore pursue renegotiation rather than DE ratification.”
