Liberia: Supreme Court Puts EPA’s Operations on Hold

The Supreme Court has placed a temporary suspension on the working of the Environmental Protection Agency (EPA), pending an outcome of a writ of Prohibition filed before it by the Agency’s former executive director, Professor Wilson Tarpeh.

His Honor Yussif Kaba, current Chambers Justice of the Supreme Court who issued the order, has cited the parties (Tarpeh and the government) for a conference on Tuesday, March 12, to determine if he would approve the writ of Prohibition as prayed for by Tarpeh’s legal team. 

The Supreme Court’s decision on what to do, and how quickly it acts, could determine whether President Boakai’s campaign promises to tackle environmental pollution would be realistic in line with his 100 days deliverables.

Tarpeh and his team had urged the Chamber Justice of the Supreme Court, Yussif Kaba, to prohibit Dr. Emmanuel K. Urey Yarkpawolo from exercising his authority as executive director of the EPA. 

Dr. Yarkpawolo was recently nominated by President Joseph Boakai to head the EPA.

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.

Part III, Section 16, counts 1 and 2 of the Act provides that “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.”

It adds: “The Executive Director shall serve for 7 years and shall be eligible for re-appointment, except that there shall be appointed an interim Executive Director."

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 as a violation of the 2014 National Code of Conduct that could justify a replacement. But he is seeking the backing of the court.

In March 2014, Liberia’s legislature passed a National Code of Conduct (CoC) for all public officials and employees of the Government of Liberia. In 2022, the Liberian Legislature amended certain portions of the 2014 Code of Conduct, particularly Part V, sections 5.2 under Political Participation and Part-X 10.2 under Declaration and Registration of Personal Interests, Assets, and Performance/Financial Bonds, because those provisions were too high and unreasonable.

Before the amendment, section 5.2 states: “Wherein, any person in the category stated in section 5.1 herein above desires to canvass or contest for an elective public position, the following shall apply; a) Any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President under Article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors, who desires to contest for elective public office shall resign said post at least two (2) years before the date of such public elections.” 

In the revised portion of the code of conduct, Section 5.2, ‌public officers who wish to contest elections now have one year instead of two to resign before the next election. The amended portion states: “all officials appointed by the President, including all cabinet ministers, deputy, and assistant cabinet ministers, ambassadors, ministers consuls, superintendents of counties and other Government officials, both military and civilian, appointed by the President under Article 56(a) of the 1986 Constitution, and any managing director, deputy managing director, assistant managing director of a corporation owned by the Government of Liberia, any commissioner, deputy and assistant commissioner of any commission established by the Legislature, and any official of the Government who negotiates and executes contracts, procures goods and services, and/or manages assets for and on behalf of the Government of Liberia, who desires to canvass or contest for an elective public office within the Government of Liberia shall resign his or her position one (1) year before the date on which the election for the post for which he/she intends to contest.” 

Breaking it down, section 5.2 bars presidential appointees from actively participating in the presidential and legislative elections as a candidate without resigning one (1) year before the election date for the position for which he/she intends to contest. 

These are some of the issues Associate Justice Yussif Kaba is expected to consider during the conference before determining Tarpeh’s argument.