Temple of Justice, Monrovia – The Supreme of Liberia has denied Gracious Ride’s petition to bar The Assets Recovery and Property Retrieval Task Force (AREPT) from its continuance to function as a legal establishment, by and through the Executive Order #126 issued by President Joseph Nyumah Boakai in 2024.
Gracious Ride’s argument came following AREPT’s seizure of its (Gracious Ride) vehicles on the basis of a finding which suggest that the vehicles were allegedly obtained by Finda Bundo through use of public funds.
After nearly one year of litigation, however, the full Bench of the Supreme Court said Gracious Ride, a motor vehicle company said to be owned and run by Madam Finda Bondo, former Chief of Protocol to former President George Weah lacked the authority to file the petition, especially so when it pleaded for the Court to declare illegal the operations of AREPT.
The ruling of the High Court has given a green light to the Asset Recovery and property Retrieval Team to go ahead with their job after being dormant for nearly one year based on the stay order from the Court.
Reading the Supreme Court’s opinion on behalf of the Bench, Associate Justice Jamesetta Howard Wolokolie said, “Having reviewed the records, heard the arguments and contentions advanced and considered the relevant laws applicable thereto, it is hereby adjudged that the petitioner has no standing to assert the interest of third parties where it has not been given the authority to do so and cannot raise the claims of third parties who are not before the Court; and that in the instant case, the petitioner having failed to sustain the burden that Executive Order 120 for the Establishment of the Office of Asset Recovery as vested statute or creature of a statute it is denied for lack of proper constitutional challenge”
“WHEREFORE AND IN VIEW OF THE FOREGOING, the petition praying for an Order of this Court declaring Executive Order 126 unconstitutional is hereby denied and it HEREBY SO ORDERED,” Justice Wolokollie concluded the opinion.
AREPT has meanwhile welcomed the ruling of the Supreme Court-terming it as an impetus and a catalyst for its continuance of an effort aimed at fighting corruption in the country.
In a press release, which is in the possession of The Liberian Investigator, the office said it respected the stay order to demonstrate that rule of law has to be obeyed and protected at all times, regardless of who or which office is involved or affected.
“The Assets Recovery and Property Retrieval Task Force (AREPT) wishes to inform the general public and the media that it has over the period of nine (9) months complied with the Supreme Court stay order in obedience to the rule of the law. AREPT being a law-abiding institution respected and complied with the high court during the nine (9) months of its stay order, it said.
“The stay order issued on AREPT by the high court suspended its activities for said period, and now, with a ruling in favor of AREPT, it has settled the legality and legitimacy over Executive Order #126 and the constitutional existence of the task force in consonance with Article 5c of the 1986 constitution,” Cllr. Edward Kla Martin’s office added.
Cllr. Martin was an executive chairman of the Board of Directors of the Liberia Anti-corruption Commission (LACC) under the regime of former President George Weah. He earlier served as the County Attorney for Montserrado.
The Task Force was set up in March 2024 by President Boakai through Executive Order No. 126 to trace, identify, and recover government stolen assets that were obtained illegally.
“AREPT says in as much it complied with the rule of law, it calls on persons of interest who will be invited for questioning to also comply and abide by the same rule of law, maintaining that it will do everything within the confines of the law and under the doctrine of due process to conduct its investigation,” Martin said, adding that notice will be served, going forward, to all persons of interest in any AREPT’s investigation.
Case Background
Gracious Ride, through its legal representation headed by Cllr. Michael Wilkins Wright and Abraham Zayzay declared during the argument that the Asset Recovery and Retrieval task force was an illegal body which has not been been legislated by the Legislature who has the authority to make law.
The petitioner lawyers also questioned the legal authority of President Joseph Nyumah Boakai Executive Order #126 in which they said that their client’s commercial vehicles were illegally seized by AREPT in March of of last year.
Wright, a former Supreme Court Justice further argued that the purported Asset Recovery and Retrieval task force is obstructing the function of the Liberia Anti-Corruption Commission which is the legal body to investigate stolen state assets.
The Supreme Court, on 4 July 2024, heard arguments from both the complainant and AREPT’s legal team and reserved ruling in the case. Due to lack of quorum back then, the high Court re-scheduled the case for hearing on Tuesday, January 14,2025.
During their arguments, the court’s documents contain, the petitioner, Gracious Ride said they had standing because they were affected by the actions of the Asset Recovery and Property Retrieval Task Force as their commercial vehicles were seized in the streets of Monrovia and its environs without any legal authority.
Cllr. Wights argument then suggested that President Joseph Boakai’s Executive Order #126 was declared wrongfully because there was no danger or security threat posed to the state nor was there a health emergency which would have restrained people’s movement, among others. He said the Legislature should have taken charge of the matter and enact a law to effect the action taken AREPT.
He claimed that President Boakai violated Articles 89 and 5(C), 34 and 3 of the Liberian constitution . Article 89 states: “The following Autonomous Public Commissions are hereby established: A Civil Service Commission; B Elections Commission; and C General Auditing Commission. The Legislature shall enact laws for the governance of these Commissions and create other agencies as may be necessary for the effective operation of Government.”
“Article 34 of the Liberian Constitution states that The Legislature shall have the power: a to create new counties and other political sub-division, and readjust existing county boundaries; b to provide for the security of the Republic; c to provide for the common defense, to declare war and authorize the Executive to conclude peace; to raise and support the Armed Forces of the Republic, and to make appropriations therefor provided that no appropriation of money for that use shall be for a longer term than on year; and to make rules for the governance of the Armed Forces of the Republic; d to levy taxes, duties, imports, exercise and other revenues, to borrow money, issue currency, mint coins, and to make appropriations for the fiscal governance of the Republic, subject to the following qualifications: (i) all revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills, shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills.”
As for the respondent(Executive Branch) of the government represented by Edwin Kla Martin argued that petitioner (Gracious Ride) doesn’t have the standing or capacity to sue.
He relied on the Chapter 11 sub-section 11(e) of the Civil Procedure Law of Liberia. His contention was whether or not, the establishment of the Executive Order #126 violated the rights of the petitioner as being alleged.
The head of AREPT said the president acted in line with law and he doesn’t violate Articles 89,34 and 3 of the Liberian Constitution as being perceived by the petitioner’s lawyers.
Cllr. Martin argued that at no time the President through his Executive order violated the rights of the petition because issuing an executive order power is squarely vested in the President only. He also quoted that Article 50 of the 1986 Constitution of Liberia states that
The Executive Power of the Republic shall be vested in the President who shall be Head of State, Head of Government and Commander-in-Chief of the Armed Forces of Liberia.
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