Published: January 15, 2025
TEMPLE OF JUSTICE, Monrovia – Gracious Ride, through its legal counsel led by Cllr. Michael Wilkins Wright and Cllr. Abraham Zayzay, has declared the Asset Recovery and Property Retrieval Task Force an illegal entity, arguing that it lacks legislative backing. The legal team contends that the task force’s creation and operations are not supported by the Legislature, the constitutional authority responsible for enacting laws in Liberia.
The lawyers also questioned the validity of President Joseph Nyumah Boakai’s Executive Order #126, which they claim led to the unlawful seizure of Gracious Ride’s commercial vehicles by the task force in March 2024. Cllr. Wright emphasized that the Asset Recovery and Property Retrieval Task Force is obstructing the Liberia Anti-Corruption Commission (LACC), which is the legally mandated body to investigate and recover stolen state assets.
Supreme Court’s Role
The Supreme Court of Liberia initially heard arguments in the case on July 4, 2024, and declared Executive Order #126 unconstitutional. However, due to the absence of a quorum, the hearing was rescheduled for January 14, 2025.
During the proceedings, Gracious Ride argued that their vehicles were unlawfully seized on the streets without legal authority, causing direct harm to their operations. The central legal question revolved around whether President Boakai had the constitutional authority to establish the Asset Recovery and Property Retrieval Task Force through an executive order, effectively bypassing the Legislature.
Petitioner’s Arguments
Cllr. Wright argued that Executive Order #126 violated the constitutional principle of separation of powers outlined in Article 3 of the Liberian Constitution. He further contended that executive orders should only be issued in emergencies threatening public health, national security, or other significant state concerns—conditions absent in this case.
Cllr. Wright cited several constitutional provisions, including:
- Article 89: Establishing autonomous public commissions like the LACC and mandating legislative oversight.
- Article 34: Reserving lawmaking powers, including the creation of agencies, exclusively for the Legislature.
- Article 3: Enshrining the separation of powers among the executive, legislative, and judicial branches.
He maintained that the task force duplicates the functions of existing entities like the LACC and the Financial Intelligence Unit (FIU), undermining their legal mandates. Wright also argued that the task force violated Gracious Ride’s rights by seizing vehicles without court orders or proper legal justification.
Respondent’s Defense
The government’s legal representative, Cllr. Edwin Kla Martin, countered that Gracious Ride lacked the standing to sue, citing Chapter 11, Subsection 11(e) of the Civil Procedure Law of Liberia. Martin argued that Executive Order #126 was within the president’s constitutional authority under Article 50, which vests executive power in the president.
Cllr. Martin defended the task force’s actions, claiming they were necessary to investigate and recover suspected stolen government assets. When questioned by Justice Gbeisay about the legality of seizing vehicles without proper documentation or notice, Martin admitted procedural errors but maintained that the seizures were justified.
Judicial Queries
Chief Justice Sie-A-Nyene G. Yuoh questioned the absence of prior notices or public announcements before the vehicle seizures, to which Cllr. Martin conceded partial fault. Despite this admission, Martin argued that the president’s executive authority is paramount and prayed for the court to uphold the legality of Executive Order #126.
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