IPNEWS: With less then a week to go into a writ prohibition filed by lawyers representing Margibi County Senator, and former Minister of State for Presidential Affairs, Nathaniel McGill, the lead lawyer and former Solicitor-General Cllr. Cyrenius Cephus, has part ways over mutual consent.
In an authentic leaked transcript in the possession of the authoritative Independent Probe Newspaper, Cllr. Cyrenius Cephus, advised Margibi County Senator to abandoned his quest to pursued his writ of prohibition against the state.
Cllr. Cephus advised his client Senator McGill that ‘as per your solemn acceptance of the latter of two suggestions proffered, namely the petition for the common law writ of prohibition alleging your immunity to criminal investigation on account of your former position as Minister of State for Presidential Affairs and ” Principal Assistant” to the President by statute and the unconditional withdrawal and discontinuance of the subject petition to give the LACC a free hand to investigate the creation of a Supplementary Payroll which you confirmed and affirmed existed but denied was criminally abused’.
The former Solicitor-General to his client Senator McGill to prove his innocence by submitting to the ongoing LACC investigation rather than an injunction.
“I have arrived at the conclusion that the surest way to prove your innocence is to submit to the process and face your accusers. The reason is that there are five sides to every issue, namely (1) the truth,(2). Facts, (3). rumor mill (4) hearsay, and (5) the they say.”
“As it stands, the truth and the facts of your invitation by the LACC have been obfuscated by rumors, hearsays and they says so much that nobody seems to appreciate the sanctity of the petition which is generally seen as an attempt to baffle the case. In fact sacred role as a professional international criminal defense Counsel is being tried on the altar of lies as if defending you amounts to collusion.”
“I am not ruffled by the gullibility of the public which I suspect is either driven by sheer politics or ignorance or both. Whatever the case, your submission and cooperation will not only support your innocence and ultimately elevate your stature as someone who respects the rule of law but it will also demonstrate that we have nothing to hide. In light of that I will proceed, as we have discussed and agreed to discontinue the lawsuit so that all those who, like yourself, were once Ministers of State can submit to the investigation too.”
“Finally, let’s firmness and courage be our credo; let us make war on corruption a Patriotic War for all Liberians. That said, I am taking a back seat in your Defense Team for now and my decision is irrevocable and I’ve no regret. Good night and stay blessed.” Cllr. Sayma Syrenius Cephus told Senator McGill.
Last week, Cllr. Cyrenius Cephus, as Senator McGill’s lawyer told reporters that the process was only intended to protect the presidency.
Cllr. Cephus said that inviting his client, Margibi Senator, cannot slow him down on his vocal call to look into the 2024 national budget fingerings, adding that they are not deterred.
Cephus, who along with Sen. McGill are under US sanctions for alleged corruption, said the appearance of the lawmaker clearly showed that he supports the corruption fight, adding his client is innocent.
“Our being here only recognized that there is a need to fight corruption. This cannot in any way silent the vocal Senator speaking at the level of the Liberian Senate.”
Moments after this statement to newsmen, Cllr. Cephus as lead lawyer of Senator McGill moved to placed a petition for the common law writ of prohibition.
The nucleus of the petitioner states that the petitioner (Senator McGill) was appointed as Minister of State for Presidential Affairs and, by such appointment, was designated as “principal assistant” of the President in the President’s Office, enjoyed and exercised executive privilege, and performed actions and activities at the behest of the President whose office is constitutionally immune from all criminal prosecutions, including but not limited to, criminal investigation unless impeached for a felonious crime as in keeping with Article 61 of the 1986 Constitution.
McGill argues that the Office of the President has never been the subject of any criminal investigation or inquest because the President democratically surrendered power through the ballot box. Therefore, the Office of the President is and remains constitutionally sacrosanct to any form of investigation
He furthermore points out that his actions and duties performed upon the instructions or directives of the President, consistent with Articles 18 and 25 of the 1986 Constitution, are not reviewable by any judicial or quasi-judicial inquest or any form of criminal investigation because they are protected under the scope of executive privilege, except when impeached consistent with due process.
Petitioner Senator McGill argues that this does not exist in the instant case, and therefore, revealing such information absent an impeachment and removal of the President under Article 43 or upon an order of a court of competent jurisdiction will no doubt amount to an illegal invasion of the constitutional immunity of the Office of the President and will jeopardize national interest and national security, saying “Your Honor is most respectfully requested to take judicial notice of the immunity of the president’s office to any form of criminal investigation.”
Additionally, Senator McGill argues that assuming without admitting that the Office of the President initiated a supplementary payroll outside of the CSA process, which is not valid, the Respondents lack the legal capacity or standing to question neither the President nor his principal assistant, who occupies the Office of the President and through whom all actions based on the instructions and directives of the President are performed within the Ministry of State for Presidential Affairs.
“Petitioner says and submits that all and every official act by the Minister of State is covered by immunity, including but not limited to signing pay payrolls and checks for employees and contracts within and without the executive branch, and such actions being the works of the Office of the President are protected under executive privilege, and the Minister of State for Presidential Affairs is statutorily and constitutionally prohibited from divulging certain information in any investigation proceedings, especially regarding national security, diplomatic negotiations, or internal executive deliberations and administration. Your Honor is most respectfully requested to take judicial notice of the role of the Minister of State.”
He challenges the jurisdiction of the Respondents on the grounds that he is legally immune from all criminal investigations because his actions then as Minister of State were performed based on instructions and directives given by the President, whose office he formerly occupied as the President’s Principal Assistant in keeping with the law.
He terms the LACC’s corruption and payroll padding investigation against him as ultra vires, and prohibition will indeed lie on the grounds that constitutional immunity devolves upon the President under Article 61, which refers to actions and activities that the President officially performs as Head of Government under 50, but are, in operational terms delegated to his “principal assistant” under Title 12, Liberian Code of Law Revised Executive Law subsection 2.1 which gives the Minister of State the power and authority.
“COME NOW THE PETITIONER in the above-entitled cause of action and most respectfully prays Court and Your Honor for the issuance of the ALTERNATIVE WRIT OF PROHIBITION, inhibiting, restraining and prohibiting the within named Respondents to refrain from all and any further actions regarding a purported investigation for a Supplementary Payroll for the following legal and factual reasons as shownbelow”, he notes.
Senator McGill discloses that he was appointed and served as Minister of State for Presidential Affairs pursuant to Rev. Code 12, subsection 2.1 subtitled: ‘Minister of State for Presidential Affairs’ which expressly states: “The President by and with the advice and consent of the Senate shall appoint an official within the Office of the President, with the title of Minister of State for Presidential Affairs. He shall be a member of the Cabinet and shall serve as the Principal Assistant to the President.
He shall serve at the pleasure of the President and shall perform the following duties: Follow through and coordinate all decisions of the Chief Executive.”
Senator McGill prayed the Chamber Justice to specifically order and instruct the Respondents from spreading misinformation regarding a purported payroll paddling, which he argues is only intended to belittle, demean, and thereby create false and misleading information about corruption allegations involving the Office of the President-occupied by the Minister of State as the President’s Principal Assistant.
Instead, the petitioner asked that the Chamber Justice to cite the parties to a conference and later a hearing that will issue the Alternative Writ, thereby ordering and mandating the Respondents to file their returns to the petition forthwith, and will further instruct and order the parties to return to STATUS QUO ANTE, pending complete determination of the petition.
The former Minister of State maintains that the question presented before the Honorable Court of last resort is generally for determination, not whether another available remedy is adequate.
“I wants the court to pass any order to give full effect to Subsection 2.1 of the Executive Law vis-à-vis Articles 18 and 50, emphasizing the guarantee of equal employment opportunity rights for all Liberians and the President’s responsibility to form such task as Head of Government. And therefore request that it be granted unto all any further relief deemed just and equitable on the premises.” Senator McGill stated.
The Petitioner furthermore argued that the prohibition will undo what has not been legally done, and where anything remains to be done, prohibition will not only prevent what remains to be done, but will also give complete relief by undoing what has been done
