Liberia: Fate of Ombudsman In Limbo?

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Liberia: Fate of Ombudsman In Limbo?

–As Calls for US Gov’t Sanctioned Personnel to be investigated and prosecuted echoes

IPNEWS: With at least 65% of his government now being formed into 46 days to go into President Joseph N. Boakai’s 100day deliverables to reform Liberia challenged economy and set the paste for national development especially addressing urban to rural transportation particularly in the Southeastern parts of Liberia.

On January 29, 2024, while delivering his annual message to the joint chambers of the Liberia Legislature, President Joseph N. Boakai assured Liberians of his government’s commitment to enforcing the implementation of the Code of Conduct.

According to the Liberian President, the passage of the Code of Conduct for public officials has not had the full effect of the Law.

In his annual message, President Boakai emphasized that there was a major hurdle which is the lack of ‘implementation infrastructure.’ “To this end, there is a need to establish the Office of the Ombudsman.”

When established according to the Liberian leader, the office will supervise the enforcement of all provisions of the Code of Conduct and will also impose sanctions for infractions.

Demonstrating his commitment to fully implementing such vision, President Boakai asserted that his government would begin the appointing of individuals to the Ombudsman something other administrations did not enforce.

“We must begin looking at appointing an individual with the requisite moral standing to head and run the office,” he noted.

It may be recalled, in 2024 former President Ellen Johnson Sirleaf formulated and published the National Code of Conduct Act but was soon violated by public officials with rampant corruption and looting of state assets.

For 12 years in power, former President Ellen Johnson Sirleaf and her Unity Party which government Boakai served as Vice President for 12 years, failed to set up an Ombudsman Office.

Making matters worse, former President George Weah and his CDC government following the takeover of power in January 12018, also failed to set up the Office of the Ombudsman responsible to enforce the Code of Conduct.

PART XII: THE CREATION OF THE OFFICE OF OMBUDSMAN 12.1 says: “The Office of an Ombudsman is hereby established as an independent autonomous body which shall be responsible for the enforcement, oversight, monitoring and evaluation of the adherence to the Code of Conduct. 12.2 The Office of Ombudsman shall receive and investigate all complaints, in respect to the adherence to the Code of Conduct. In the case where there is a determination of guilt and violation of the code by private and Public Officials and Employees of Government, said violation shall be submitted by the Ombudsman to the Liberia Anti-Corruption Commission (LACC) or other relevant Agencies of Government. The Office of the Ombudsman shall be responsible to collaborate with the three Branches of Government and Civil Society Organizations in order to develop regulations for the Code of Conduct.”

One willful violation of the code of conduct was the case of the appointment of the National Elections Commission Chairperson, Davidetta Browne Lasannah who was indicted on several charges including corruption and taken to court, but she was clear of those charges due to the absent of ombudsman office. The Ministry of Justice indictment, which emanated from a Liberia Anti-Corruption Commission’s investigation, accused the NEC Chair of awarding a COVID-19 testing kite contract to her two brothers who owned and operate the Tuma enterprise during the recent Bong, Nimba, Grand Gedeh and Bomi Counties by-election instead of sending said information to the PPCCC according to the Ministry of Justice indictment.

The contract was signed in October and end on 27 November 2021, and it should have ended, and each of those equipment rented cost US 900 when in fact if purchased said price is less than US$900.

The rented COVID-19 testing materials cost one hundred eighty-two thousand and three hundred and twenty United States dollars.

On December 2, 2022, an indictment was drawn against Madam Davidetta Browne Lansanah, chairperson of the national elections commission (NEC) charging with what it termed, violation of the code of conduct for public officials, and predicate offense to money laundering (insider trading and market manipulation).

According to Judge Carey’s ruling, it is the cardinal functions of the ombudsman are to enforce, to exercise oversight, to monitor and evaluation adherence to the code of conduct.

Speaking on the issue of reforms in government by his leadership, the Liberian President commented on the justice system, adding that, “Our justice system which is meant to protect the innocent and punish the guilty, has been marred by inefficiency, corruption, and lack of public trust. I am counting on this honorable Body to pass effective legislation and support financial appropriations that will help us win the fight against corruption. Anyone caught in the act of corruption will face the full weight of the law, with swift and non-discriminatory enforcement.”

Last month, the Center for Transparency and Accountability in Liberia (CENTAL) urged President Joseph Nyumah Boakai to exert all efforts to establish the office of the Ombudsman to adequately address constitutional breaches.

CENTAL said the Office of the Ombudsman should be constituted and fully supported to allow for investigation of possible breach of Code of Conduct provisions regarding political canvassing and campaigning.

It noted that these breaches could constitute grounds for removal from tenured positions, especially those of public integrity institutions like the Governance Commission.

CENTAL Atty. Gerald D. Yeakula said CENTAL believes that in the absence of a determination by the Ombudsman, officials in violation of the Code of Conduct cannot be lawfully removed.

“Due process must be followed in all cases of removal for cause,” he said and reminded President Boakai of CENTAL’s recently published open letter to him.

He said that letter outlined key anti-corruption reforms and efforts he should pursue to succeed in his anti-corruption efforts.

He further asked President Boakai to lead by example by publishing his assets, income, and liabilities declared with the Liberia Anti-corruption

Commission (LACC) and set very high standards for other officials and others to follow.

Yeakula also urged President Boakai to provide adequate financial, moral, logistical, and other support to public integrity institutions, and urged former government officials sanctioned for corruption by the US Government be investigated and prosecuted.

According to him, Liberia cannot afford a continuation of disregard for the rule of law and promotion of political interest at the expense of Liberians’ hard-fought and growing democracy.

“We cannot continue to repeat the same mistake of yesterday when such can early be avoided,” he pleaded.

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