Published: August 29, 2024
Monrovia – Margibi County Senator Nathaniel McGill has instructed his legal team to withdraw a Writ of Prohibition previously filed before the Supreme Court, effectively allowing the Liberia Anti-Corruption Commission (LACC) to proceed with its investigation into alleged payroll paddling during his tenure as Minister of State for Presidential Affairs.
McGill, who was sanctioned by the United States in 2022 for corruption, initially sought to block the LACC from investigating the establishment of a supplementary payroll under former President George Weah’s administration. The writ, filed by his legal team, aimed to halt the ongoing investigation, arguing that the supplementary payroll was legally established within the Ministry of State’s budgetary allocation and did not violate any Civil Service Agency (CSA) regulations.
In their petition, McGill’s legal team contended that supplementary payrolls have been a longstanding government practice, predating McGill’s time in office and continuing under the current administration. The team emphasized that McGill, as a government appointee, was merely executing the directives of the President, who, as the Chief Administrator of the country, oversaw such decisions.
In his challenge before the Supreme Court, McGill invoked the doctrine of presidential immunity and constitutional protection in an attempt to shield himself from any judicial review or legal proceedings. He claimed that certain actions he took as Minister of State were protected under Article 61 of the 1986 Constitution. He argued that decisions and actions undertaken at the President’s behest, particularly those concerning matters of national governance, are constitutionally immune from investigation or prosecution.
According to the Margibi County Senator, all discussions, conclusions, and directives resolved by the President are protected under Article 61 of the Constitution and should not be subject to any investigation by the LACC or any other body. He further contended that the payroll issues under investigation were part of executive actions directed by the President and, as such, are beyond the LACC’s mandate.
“All official acts by the Minister of State, including signing payrolls, checks for employees, and contracts within and outside the executive branch, are protected under executive privilege. These acts, being the work of the Office of the President, are constitutionally immune from scrutiny,” McGill stated.
McGill’s legal argument hinged on Article 61 of the 1986 Constitution, which provides that the President “shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention, or other actions on account of any act done by him while President of Liberia pursuant to any provision of this Constitution or any other laws of the Republic.”
While his claims of immunity rest on the premise that he was executing the President’s directives, legal experts raised questions about the applicability of such immunity to actions that may fall under corruption-related inquiries.
Despite these claims, Senator McGill has now instructed his legal team to withdraw the writ, stating that he is prepared to vindicate himself during the LACC’s ongoing inquiry. He reiterated his stance that the establishment of supplementary payrolls is not a criminal act and that no legal boundaries were crossed during his time as Minister of State.
“The practice of supplementary payrolls is longstanding and continues even today,” McGill insisted. “We are fully prepared to defend ourselves at any time.”
This withdrawal comes just a week after McGill appeared before the LACC to address concerns regarding the supplementary payroll.
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