The Liberia Anti-Corruption Commission (LACC) was established by an Act of Legislature with the mandate to as well investigate acts of corruption, as well as educate the public about the ills of corruption and the benefits of its eradication.
But as it may seem, the LACC terming the case of its own Vice Chairperson, Kanio Bai Gbala as conflict of interest deferred the matter to the Ministry of Justice for investigation but over the weekend, Justice returned the matter to the Commission.
The Commission in a statement said the Ministry of Justice citing part of the LACC’s Act informed the country’s Anti-graft office that it has full responsibility and jurisdiction over the matter.
The Commission said its decision to inform the public about the return of the case is based on the desire of the LACC to remain transparent both from the beginning straight to the end of the investigation but the LACC said it will inform the public in subsequent time about the next course of action.
According to the 9.4.1 of the Act, the Commission may, without the necessity of any reference to the Ministry of Justice or the prior consent of the Ministry, directly prosecute acts or cases of corruption if the accused is an elected official, a member of cabinet, a head or a senior official of a public agency, commission or corporation, or a senior official of the Ministry of Justice;
It can be recalled that few weeks ago, the Executive Chairperson of the LACC, Edwin Kla Martin, in a letter to Justice Minister Frank Musa Dean requested the Attorney General to take seize of the matter involving the Vice Chairperson of the Commission to avoid public perception that the LACC is conflicted by investigating its own member.
Though the prosecution of cases of corruption shall be carried out by the Ministry of Justice in coordination with the Commission, as Section 4.2.4 of the Act that established the Liberia Anti-Corruption Commission states that the Commission is to prosecute, alone or in coordination with the Ministry of Justice, all cases of corruption.
However, Chapter 22 of the Executive Law, title 13, Liberian Code of Laws Revised, presents the Ministry of Justice as the principal institution of the Executive Government charged with the responsibility of ensuring compliance with and respect for the rule of law.
The mandate of the Ministry of Justice is to enforcement of the laws of Liberia and to prosecute all violators of the laws of Liberia as well as to institute all other legal proceedings for the enforcement of the law.
Justice is to also prosecute and defend of all suits and proceedings, civil and criminal, in which the Republic of Liberia or any officer thereof is a party or in which the Republic or its officer may have an interest in his or her official capacity, among other things.