Boakai Welcomes High Court Ruling

President Joseph Boakai has welcomed the rulings of the Supreme Court in the controversial tenured position saga that has engulfed the new administration since its ascendency.

The court’s opinion, which is the first major judicial blow to the ruling Unity Party government, accuses President Boakai of violating the constitution by appointing a new group of people to various tenured positions that are already occupied.

The Supreme Court on Wednesday, April 24, delivered a landmark precedent decision in the tenure dispute over five Autonomous Public Commissions and Agencies (petitioners), whose leaderships the Executive Branch (respondent) sought to replace. 

Chief Justice Sie-A-Nyene Yuoh, who read the unanimous opinion on behalf of the High Court, said there is no showing that the Act passed by the Legislature, providing tenure violates the power granted the President of the Republic of Liberia, under Article 56 (a) of the 1986 Constitution, to appoint and dismiss at his pleasure, officials of government appointed by him.

“Therefore,” Justice Yuoh said, “this court sees no reason to declare the said Act unconstitutional as the Minister of Justice has urged us to do.

“The alternative writ of prohibition issued by the Justice in Chambers is affirmed and the peremptory writ prayed for by four of the five petitioners are hereby granted,” Justice Yuoh further ruled. “The names of the nominees to the positions currently occupied by the petitioners herein mentioned are ordered withdrawn.”

Despite the ruling being a huge setback to him and his government, Boakai, through an Executive Mansion release issued on Thursday, April 25, reaffirmed his commitment to upholding the rule of law and will, therefore, honor the rulings of the High Court.

The release added that President Boakai believes that strict adherence to the rule of law is fundamental to strengthening institutions and building a vibrant democracy.

This principle, he notes, is at the core of the government’s ARREST AGENDA, which focuses on Agriculture, Roads, the Rule of Law, Education, Sanitation, and Tourism.

The President pointed out that the rulings of the Supreme Court also set a significant benchmark for administrative actions and the procedures leading thereto.

Many believe the President’s public acceptance of the Supreme Court ruling shows the respect that he has for the rule of law and his willingness to protect same.