Corruption Fight: A Reality or A Mirage – Stabbing Anti-Graft Institutions in the Back?

Politics

Corruption Fight: A Reality or A Mirage – Stabbing Anti-Graft Institutions in the Back?

IPNEWS-Monrovia: On June 17, 2022, the Liberia Anti-Corruption Commission (LACC) released its findings into allegations levied against several government institutions on corrupt practices. The LACC after months of intense investigations deduced that a variety of government institutions, including the Ministry of Agriculture, the Liberia Water & Sewer Corporation, the Planned Parenthood Association of Liberia, the Liberia Institute of Statistics and Geo-Information Services among others have fallen short of government’s integrity policy. The LACC has submitted the alleged culprits to the Ministry of Justice for prosecution. But what remains to be seen is whether the Ministry of Justice will implement the recommendations of the LACC. The LACC has always asked for prosecutorial powers to prosecute economic crimes, but the Legislative has failed over the years to pass that into law.

Genesis of the LACC and other Anti-graft Institutions

The Liberia Anti-Corruption Commission (LACC) was established by an Act of Legislature on August 28, 2008 during the administration of President Ellen Johnson Sirleaf with the mandate to investigate and prosecute acts of corruption, as well as educate the public about the ills of corruption and the benefits of its eradication.

The Liberia Anti-Corruption Commission is the country’s biggest and leading anti-graft institution. The establishment of the LACC was part of Government of Liberia (GOL) continuing efforts to formulate and adopt new regulations and measures aimed at strengthening laws and policies that adequately address the peculiar nature of corruption in society.

These efforts culminated in the Government of Liberia of Madam Sirleaf declaring corruption as “public enemy number one”. The setting up of the Liberia Anti-Corruption Commission (LACC) was a big and motivating step in battling this epidemic which has become a way of life. Truly and evidenced to its commitment, Madam Sirleaf’s government adopted a National Anti-Corruption Strategy (NAS) led by the Governance Commission (GC) in partnership with civil society. Under the National Anti-corruption Strategy, it was mandated that a specialized Commission be established that will be squarely responsibility to deal with corruption issues in the country. A team was set up to start the process leading the formation of the Liberia Anti-corruption Commission through the drafting of the legal framework document in the country.

The establishment of the LACC was also accompanied by renewed efforts to strengthen other integrity institutions in the country including the General Auditing Commission (GAC), Public Procurement and Concessions Commission (PPCC), the Liberia Extractive Industry and Transparency Initiative (LEITI), the Internal Audit Agency (IAA), the Financial Intelligence Unit (FIU), the Liberia Revenue Authority (LRA), the Law Reform Commission (LRC) and the Independent Information Commission (IIC). These interventions in part fulfil Liberia’s obligations under international treaties and conventions, including the United Nations Convention against Corruption (UNCAC), to which Liberia is a signatory and state-party.

Meanwhile, from the time the LACC was established some 14 years ago, it has made significant progress in the fulfilment of its core mandates – education and prevention, and investigation and prosecution. The Commission has been able to adopt several measures and institutionalized policies intended to strengthen the fight against this menace. During the period, the LACC has hired and continues to hire relevant professional staff, drafted and ratified operational instruments; and investigated and prosecuted several cases of corruption. The progress made was achieved under difficult situation, including inadequate financial and material resources.

LACC Executive Chairperson Cllr. Edwin Kla Martin

The area of prosecution seems to generate public interest as compared to education and prevention. This is largely due to the culture of impunity which long permeated the country’s society. But today, serious efforts have been ignited in prosecuting persons accused of corruption despite the surmountable financial challenges in recruiting additional investigators, lawyers and acquisition of logistics to facilitate the work of the Commission.

Additionally, the LACC has called for the passage of several new legislations to empower the Commission to perform its responsibility including the Direct Prosecutorial powers, removal of statute of limitation on corruption cases and the establishment of specialized court on corruption

President Weah’s Stance on the Latest LACC Investigative Findings

On June 21, 2021 the Minister of State for Presidential Affairs, Nathaniel McGill spoke to a local radio relative to the latest LACC’s investigative report that has indicted the Ministry of Agriculture, Liberia Water & Sewer Corporation, the Planned Parenthood Association of Liberia, the Liberia Institute of Statistics and Geo-Information Services, among others that President George Weah will not act based on speculation in the fight against corruption in Liberia.

There were public outcries for President George Weah to dismiss government officials allegedly involved into corruption, but Minister of State for Presidential Affairs, Nathaniel McGill reacted saying “the Liberian leader will not act based on speculations.”

Few days earlier to Minister McGill’s reaction, the Liberia Anti-corruption Commission (LACC) forwarded several investigative reports to the Ministry of Justice for the prosecution of several ranking officials of government and local dealers on the bases of corruption.

But on Tuesday, June 21, 2022, Minister McGill mentioned that such report is yet to reach the office of the president, as such he will not act on speculations.

Minister of State Nathaniel McGill and President Weah

Minister McGill even said that the issues of the LACC’s investigative report is only being heard on local radios and social media, but promised that once it reaches the office of the president, the Liberian leader will act according to the law.

Few days later, President George Weah himself phoned in on a local Talk Show aired on Freedom FM, and reiterated Minister McGill’s statement. The President said the latest LACC’s report is not an indictment so he will not dismiss or send any of the accused to jail based on an investigative report. He said those accused must have their day in court to be heard before any action is taken by him based on the judgment the court will hand down.

He noted his government will not violate the rights of any accused person because human rights is basic and fundamental issue his government will not abuse. But the President failed to state whether he is prepared to implement a lot of findings sent to his office for action by anti-graft institutions or other institutions following investigations.

CENTAL Says Pres. Weah “Appears Indifferent To Foster a Genuine” Commitment to Fight Corruption

Liberia’s premier anti-corruption, transparency and accountability campaign group – The Center for Transparency and Accountability (CENTAL) in a press statement on Friday, June 24, 2022 in Monrovia said despite a number of investigative reports on corruption scandals have been released by the Liberia Anti-Corruption Commission (LACC), further action are yet to be taken by the George Weah-led government.

CENTAIL said it wants timely and concrete actions taken against those investigated for corruption by the LACC and other anti-graft institutions in Liberia.

Domestic and international pressure is mounting on the CDC government of President George Manneh Weah to be serious about the fight against corruption in the 5th year of its 6-year term of office.

In his inaugural address at the Samuel Kanyon Doe Stadium in the Monrovia suburb of Paynesville on January 22, 2018, President Weah vowed to fight corruption.

He emphasized that any of his government officials caught enriching themselves at the expense of the people would be prosecuted.

“It is my belief that the most effective way to directly impact the poor, and to narrow the gap between the rich and poor is to ensure that public resources do not end up in the pockets of government officials. I further believe that the overwhelming mandate I have received from the Liberian people is a mandate to end corruption in the public service. I promise to deliver on this mandate,” the Liberian leader said in his inaugural address.

However, CENTAL says that “the quality of governance in Liberia continues to decline” and finds the presidency to be “indifferent” and not genuinely committed to the fight against corruption.

This statement coming from CENTAL is just the latest in a series of local and international criticisms of the CDC government of largely demonstrating the political will to fight the corruption, although President Weah has repeatedly spoken of his commitment to fight the menace.

CENTAL Executive Director Anderson D. Miamen 

See the Full Text of the Latest CENTAL Press Release Signed By Its Executive Director

“Press Release 

CENTAL Wants Timely and Concrete Actions Taken Against Those Investigated For Corruption 

Distinguished ladies and gentlemen of the Press, fellow Liberians. 

We like to thank the Liberia Anti-Corruption Commission (LACC), Financial Intelligence Unit (FIU), Liberia Extractives Industries Transparency Initiative (LEITI) and other public integrity institutions that are working under difficult conditions, including but not limited to extremely limited budget and logistics from national government. 

Also, CENTAL welcomes LACC’s latest investigative reports covering different corruption scandals and incidences, largely involving high-ranking officials of the Weah-led Government. We are equally grateful to development partners who continue to stand by Liberia and Liberians by providing financial and nonfinancial resources to support key programs and interventions, generally geared at improving the quality of lives of the people. 

Fellow Liberians, the state and quality of governance in Liberia continues to decline due to the failure of the most critical players to engender necessary reforms that will make Liberia a transformed, developed, more livable, and prosperous society for all. The Liberian Presidency appears indifferent, from all indications, to foster a genuine and committed fight against corruption—one that gives public integrity institutions the required leverage and push to operate at full capacity, decisively identify and deal with corruption and other related cases, help the President and the government of Liberia and Liberians to succeed at winning the war against corruption, as well as engendering a culture of integrity and zero tolerance for corruption. 

Fellow Liberians, the media, and development partners, scandals continue to be reported in government involving key and strategically placed public officials. Sadly, the actions needed to prevent and arrest the situation and bring the perpetrators to book have not been full and complete, especially from the end of the Presidency. On 22 June 2022, President Weah appeared on a local radio station and intimated to the Liberian public that adhering to the democratic process and human rights norms means that provisional administrative sanctions cannot be taken against officials investigated by the Liberia Anti-Corruption Commission (LACC) and forwarded to the Ministry of Justice for prosecution. The investigations involved corruption scandals at the Liberia Institute for Statistics and Geo-Information Services, Ministry of Agriculture, Liberia Water and Sewer Corporation, among others. 

Ladies and gentlemen of the Press, we remind the President of actions taken to suspend Ma-Tenneh L. Keita, Coordinator of Presidential Special Projects at the Ministry of States for Presidential Affairs, and Duannah Siryon, Tugbe C. Tugbe, and Isaac Roberts of the National Housing Authority (NHA), while they were undergoing investigation respectively. These were not a violation of their rights, but a demonstration of will in ensuring that corruption-related investigations and prosecutions receive the attention they deserve. Rather than having public officials facing such processes and at the same time be required to perform their official duties, allowing them their ‘day in court’ is important if the ends of justice must be met. Thus, were the President to insist on taking no actions on those investigated until the outcome of a court trial, such would be a huge blow to anti-corruption efforts. 

Distinguished ladies and gentlemen of the Press, inaction by the President makes us wonder as to which side he really stands: whether with the majority of the Liberian People and ordinary citizens or some of his officials who have proven to be embarrassment to the country, his government, and the overall growth and development of the country? Where does the President truly stand on corruption, after much talks and rhetoric about being committed to the fight? CENTAL is deeply disappointed in the Presidency’s attitude towards the fight against corruption in Liberia as his inaction is inconsistent with continuous verbal commitment to deal with the vice in the country. It has been more words from the President than concrete actions to support public integrity institutions morally, financially, and logistically to play their respective roles. Also, it has been words in terms of the presidency having concrete and genuine discussions with integrity institutions to identify and make genuine attempts at addressing their logistical, staffing, and other needs to give his government the necessary reputation to engage with partners and mobilize resources from traditional and non-traditional   sources to fund key interventions in the country. 

In conclusion, we call on the President Weah to suspend all officials implicated in recent investigative reports released by the Liberia Anti-Corruption Commission. He cannot continue to love his officials more than vast majority of the Liberian People, as his stance against corruption has been extremely weak and disappointing. Also, we call on the President to provide the necessary moral, financial, and logistical support to public integrity institutions to enable them operate at full capacity, as they have critical roles in giving his government and Liberia the necessary reputation and standing to, among other things mobilize resources from traditional and non-traditional partners to address critical development needs of the country. Finally, we call on the media, civil society, and ordinary citizens to remain vocal and unrelenting in highlighting societal ills and demanding accountability of their leaders, while also denouncing corruption themselves.  The new Liberia we collectively seek will not arrive in the midst of rampant corruption and other forms of bad governance. 

Thank you. 

Signed: 

Anderson D. Miamen, 

Executive Director”

International Pressure – US Warns Corruption Hurting Liberia’s Investment Climate

On the international front, the United States Government through its embassy in Monrovia have continued to call on the George Weah’s administration to get tough in fighting corruption. The Embassy’s Charge d’affaires Joel Maybury stepped up pressure to actualize fight against corruption in Liberia when he spoke this week at a forum organized by the Center for Security Studies and Development (CENSSAD).

“We are all very much aware of the realities of corruption in Liberia. The country is now in the bottom 25 percent of nations globally in the Corruption Perceptions Index. A recent report by the Center for Transparency and Accountability in Liberia showed that 90 percent of Liberians rate the level of corruption as high, and nearly two-thirds of Liberians lack faith in the government’s commitment to fight corruption,” Joel Maybury told a one-day forum for civil society and anti-corruption institutions held on Thursday, June 23, 2022 at the head offices of the Liberia Anti-Corruption Commission (LACC) in Monrovia’s Sinkor suburb. The forum was organized by the Center for Security Studies and Development (CENSSAD).

US Embassy’s Charge d’affaires Joel Maybury 

The American diplomat spoke strongly against giving lip service to the fight against corruption saying, “action speaks louder than words” in a keynote address that was partly extemporaneous.

Mr. Maybury noted the longstanding ties between the US and Liberia, saying that it is because of the strong friendship that the US “speaks from the heart” about issues in Liberia. “We are friends, we are family. It’s everybody’s business to fight corruption including friendly partners,” he added.

The American diplomat indicated that corruption was undermining the business climate in Liberia, emphasizing that “all words no action is not acceptable”. Mr. Maybury made it clear that the US will not stop criticizing bad governance practices, because it is Liberia’s friend.

“The scale of corruption may be one of the reasons (inhibiting) investors from investing in Liberia,” the US diplomat warned and maintained that the US insists on ensuring accountability in the country. He said this is in line with American President Joe Biden’s strategy to fight corruption worldwide.

Meanwhile, the US Embassy’s Chargés d’affaires has said that the fight against corruption must be done in line with the rule of law.

Mr. Maybury told Thursday’s anti-corruption forum that one thing he agrees on in the latest statement by President George Manneh Weah is that people are not just arrested and put in jail on corruption allegation without due process of law.

The forum was held under the theme: “Towards strategizing to ensure speedy passage of anti-corruption bills submitted by the executive to the national Legislature.” Among other things, the Bills submitted by the Executive to the Legislature in May 2021 include one calling for amendment of the LACC Act to give the anti-graft commission prosecutorial power and the Whistle Blower Act.

“Weah Failing Miserably” in Corruption Fight

Also speaking during the anti-corruption forum was the head of the civil society organization, Accountability Lab, Lawrence Yealue, who said former President Ellen Johnson Sirleaf admitted that she was unable to fight corruption and asserted that “President George Weah is failing miserably in fighting corruption”. According to him, this is because the Liberian leader lacks the political will.

Mr. Yealue spoke of the need for concerted efforts in fighting corruption in Liberia, saying that this fight cannot be successful without upholding integrity at all levels of society.

FIU Boss Says Corruption Linked to National Security

The Executive Director of Liberia Financial Intelligence Unit (FIU), Edwin Harris said corruption has strong implications for national security, adding that Liberia’s civil society groups are “valuable partners” in the ongoing corruption fight.

He appealed to foreign partners to fund the construction of a complex to house the various integrity agencies in Liberia, and urged his fellow leaders of integrity agencies to improve public confidence by doing internal house cleaning. “Leadership requires that we move to take steps,” the FIU boss urged.

LACC Wants Public and Partners’ Backing

Speaking on behalf of the LACC at the forum was its Chief Prosecutor, Cllr. Jerry D. K. Garlawolu, who urged partners and the Liberian public to stand by the anti-graft agency and “fight for LACC”.

He stressed the importance of the Lawmakers amending the LACC Act to give it prosecutorial power. But Cllr. Garlawolu joined others in saying that the fight against corruption in Liberia will only be successful if there is political will.

The forum was climaxed by a brainstorming session of anti-corruption stakeholders who drew up a number of strategies to be pursued, in order to fast track the passage of the anti-corruption Bills currently before the national Legislature.

The Campaign to Scrap Tenure of Heads of Integrity Institutions

The administration of former president Ellen Johnson Sirleaf and the 52nd and 53rd Legislatures established several governmental agencies including integrity institutions. In the process they attached tenures to most of the administrative positions in order to boost the independence of officials occupying these posts.

But the House of Representatives of the current 54th Legislature under the Weah’s government has been calling for the removal of tenures from some of these institutions on grounds that officials are often complacent in the discharge of their duties because of the tenure attached to their post since they cannot be fired by the President easily.

The Capitol Building – Home of the Liberian Legislature

Some argued that the tenures undermine the functions of the President as the Constitution of Liberia delegate the appointment of cabinet officials and heads of government’s agencies to the President.

As the result, in October 2020, the House passed a bill stripping of tenure from all deputy commissioner positions at the Liberia Maritime Authority.

The decision was based on a bill submitted by President Weah calling for the complete cancellation of tenured positions at the Maritime Authority to grant him full authority over the institution.

The House’s Plenary then mandated House Speaker Bhofal Chambers to constitute a specialized committee dominated by the Committee on Judiciary to review the bill and report with a set of recommendations.

In its report, the committee made slight changes to President Weah’s version by upholding tenure for the Commissioner but eliminating tenure for the deputy commissioners; and at the same time creating assisting commissioner positions.

The polarizing bill garnered huge debate and despite several dissenting views, plenary voted in favor of the Specialized Committee’s report and forwarded the bill to the Senate.

But the House of Representatives’ quest to remove tenure from several governmental agencies has suffered a setback after a ranking member of the Senate, Conmany Wesseh assured heads of integrity institutions that their tenures will be maintained.

Recently there have been renewed debate among members of the 54th Legislature, with some joining the President’s inner circle in calling for the cancellation of tenure from almost all of the agencies except for those ones that were designated by the Constitution; while the other party is against the removal of tenures.

The debate prompted the President Pro Tempore Albert Chie to constitute an ad hoc Committee headed by Senator Wesseh to weigh in on the debate and report to plenary with a set of recommendations.

However, while his committee is yet to report, Senator Wesseh has assured the heads of anti-graft institutions that the tenure will be maintained.

Speaking at the launch of the National Strategy and Action Plan on Anti-Money Laundering and Countering Financing of Terrorism organized by the Financial Intelligence Unit (FIU) of Liberia, the River Gee County Senator said perhaps those calling for the removal of tenures have not really been enlightened on the importance of placing tenures to integrity institutions.

He said: “I have been giving the task to chair the committee which is the ad hoc committee on tenure. It was a suggestion from the House of Representatives that we scrape tenure at certain level, but with no clear understanding from some sources about the importance of tenure to anti-graft institutions. For some reasons, the Senate Pro Tempore appointed me to head that committee and I want to assure you that we are doing everything to maintain the tenure that you have now.”

He pointed out that while he and his colleagues are opting to uphold their tenures, officials of anti-graft institutions who are predominantly young should be honest and diligent in performing their duties.

“You have to be honest to yourself. And you have to do your work properly. You have a special responsibility. We noticed that good number of you are young people and it tells that the future of our country is in the hands of the young people.”

Continuing, he said: “And that starts with all the processes of our people that we confirm; starting with your own qualification. If you bring fictitious papers to the Legislature and convince us to confirm you, then know that is the beginning of the dangerous road to corruption.”

Public Political Pundits Perceptions

The public and political pundits are of the perception that the fight against corruption is far from being a reality as there is no genuine fight to nib the menace in the bud. Some say there are selective prosecutions while those closed to the ruling establishment are protected when they come in conflict with the law relative to corruption.

According to them if the fight against corruption is the succeed, the Weah-led government must put on its political will cap and fight corruption without fear or favor no matter the political affiliation of those who might come into conflict with the law in regards to the corruption fight.

The ball is now in the court of the ruling Coalition of Democratic Change (CDC) government headed by President George Weah as his first term is only months away from end and if he is to secure a second term mandate from the Liberian people, he has to step up the game in ensuring that a genuine fight against corruption is instituted and all anti-graft institutions be given adequate allotments in the national budget to fight the menace called corruption. The book makers are watching.

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