Liberia: Supreme Court to Hear EPA's Tenure Case Today

Published at: 03/26/2024 - 08:10 / Updated at: 03/26/2024 - 08:13
AD
Article by Abednego Davis

The Supreme Court is expected today, Tuesday, March 26, to begin proceedings into an appeal filed by former Executive Director of the Environmental Protection Agency (EPA), Wilson Tarpeh, and the government of Liberia over the latter’s decision to terminate his service at the agency despite reportedly having a few years to end his tenure.

Tarpeh is challenging President Joseph Boakai’s decision to nominate Dr. Emmanuel K. Urey Yarkpawolo, as an Acting Director, while him (Tarpeh) his seven (7) years have not elapsed.

However, beyond the decision that is being challenged, there are issues, controversies, and even contradictions in the entire matter.  

With the complexity of the November 26, 2002 Act of the EPA (without prejudice to its amendments), there were bound to be some sections of the required interpretation by the Justices of the highest court to put the matter to rest.

One such is the provision which relates to the acting executive director being equivalent to a tenure position Section 16 Executive Director: PART III–ORGANIZATION AND ADMINISTRATION OF THE AGENCY Section 16 The Executive Director 1) There shall be an Executive Director who is a person with wide environmental knowledge and recognized comment to sustainable management of the environment, appointed by the President from a list of three names recommended by the Council, except that the President may appoint an interim Executive Director pending the formation of the Council;

2) The Executive Director shall serve for 7 years and shall be eligible for reappointment, except that there shall be appointed an interim Executive Director; 

3) The Executive Director shall have security of tenure but shall cease to hold office if he: a) Resigns; b) Is found guilty of gross misconduct on the advice of the Board and the approval of the Policy Council; c) Is unable to discharge the functions of his office for health reasons.

But, Tarpeh has argued that he was appointed by President George Weah on October 1, 2020, to serve as executive director, which is a 7-year tenured position, according to the Act that created the EPA.

Tarpeh alleges that without regard to the EPA’s Act, President Boakai nominated. Dr. Yarkpawolo, to replace him. The embattled EPA boss is now soliciting the involvement of the highest court to complete his remaining years under the Boakai administration. 

Interestingly, Prof. Tarpeh actively participated in the 2023 presidential and general elections campaign for President George Weah’s re-election, which many considered a violation of the 2014 National Code of Conduct that could justify a replacement. But he is seeking the backing of the court.

In counter-argument, Yarkpawolo alleges that Tarpeh's interpretation of the EPA Act is flawed and has contributed to his misconception that he was given tenure by President Weah.

Yarkpawolo also argued that the EPA Act requires that the President shall only appoint an executive director after the recommendation of the Policy Council, which shall submit to him a list of three names from which he shall choose one.

He noted that according to Section 16 of the EPA Act; the president has the authority to appoint an Interim Executive Director pending the constitution of the Policy Council.

He further argued that the only correction required to be provided is the fact that Tarpeh as interim/Acting Executive Director of EPA cannot legally continue holding himself out to the public as the tenured Executive Director since the agency to act as executive director expired on January 22,  2024, with the inauguration of President Joseph Boakai. He said when he was appointed Interim/Acting Executive Director by President Joseph Boakai in keeping with the act, Tarpeh could not have legally been in office as he was deemed resigned as of noon on Monday, January 22, 2024, when President Boakai was sworn into office.

According to Yarkpawolo, Tarpeh violated Section 9 (Non-Tenured Presidential Appointees) of Executive Order No 123 dated November 22, 2023, by President George Weah, informing all non-tenured presidential appointees to deem themselves resigned as of the date of the inauguration.  

Yarkpawolo argued that it was based on Executive Order 123 that the most senior civil servant of the EPA assumed leadership of the Agency following the inauguration of President Boakai.

These are some issues Justices are expected to consider during the proceedings.