By Laurina B. Lormia
(Cub-Reporter)
The Center for Transparency and Accountability in Liberia (CENTAL) says the Task Force on assets recovery is not independent, as it is situated in the Presidency and includes supporters of Boakai’s 2023 Presidential bid.
It can be recalled that on March 7, President Joseph Boakai announced members of the Assets Recovery and Property Retrieval Core Team, including Cllr. Edwin Kla Martin as Chairperson alongside others who are expected to lead the charge to ensure processes leading to the location, recovery, and retrieval of public resources and properties.
Addressing the press on March 11 at the office in Sinkor, the Executive Director of CENTAL, Anderson Miamen, said the LACC Act of 2022 and EO # 126: Section 4.1 (d) gives it the power “to independently, and in the name of the Republic of Liberia, investigate and prosecute any and all acts of corruption”.
Further, Section 5.2(j) provides that the LACC shall serve as the agency of government of Liberia with primary responsibility for the investigation of all acts of corruption.
Meanwhile, EO#126 provides in Count 2 that the taskforce has the mandate to “Constitute Investigative Panel to probe into Liberia’s stolen and suspicious assets.”
Further, Count 4 of EO #126 mandates the taskforce to “initiate immediate criminal prosecution and civil litigation where applicable on behalf of the Government of Liberia”.
He added that, with LACC having primary responsibility for investigating and prosecuting corruption, CENTAL holds the view that giving the taskforce the power to investigate assets lost to corruption does not only create confusion, but serves to undermine the LACC.
He furthered that Section 5.2 (f) of the LACC Act of 2022 provides that the Commission shall serve as the primary agency of the government of Liberia authorized to make and receive requests for the purpose of international mutual legal assistance in the combat against corruption.
Meanwhile, Count 7 of EO #126 mandates the taskforce to “employ diplomatic and lnterpol means to extradite individuals identified as suspects that are outside the bailiwick of Liberia, in order to bring them under the jurisdiction of the investigative team.”
With LACC being the primary agency of government authorized to make and receive requests regarding international mutual legal assistance, including for extradition, CENTAL believes that LACC is being further undermined, or its function is being usurped.
CENTAL believes that such move is reminiscent of the past where anti-graft functions were an extension of the Presidency and were used at the whims and caprices of the President.
CENTAL holds the view that anti-corruption efforts need not be politicized, “With anti-corruption efforts often regarded as ‘witch-hunts”, any related mechanism having a dependent or political character will soon crumble under the weight of machinations.
“It is for this reason that persons leading anti-corruption efforts at integrity institutions are required to be politically neutral. It is for similar reasons that we now have laws requiring open and competitive recruitment to anti-graft institutions,” he said.
He added, “Assuming that the taskforce should be allowed to stand, its membership would not meet the neutrality benchmark. For instance, Mr. Martin N. Kollie and Ms. Victoria Moinsemah were big supporters of the 2023 bid of President Boakai. Furthermore, it is common knowledge that Cllr. Edwin Kla Martin lost his position at the LACC under the CDC administration.
CENTAL also recommended that the Asset Recovery Task Force be dissolved and funds directed to support the LACC, especially the Asset Recovery Unit at the LACC, stating, “As President Boakai acted against his initial plan of commissioning international auditors and became confident in the General Auditing Commission’s (GAC) ability to deliver, we believe that similar wisdom can be applied to repose confidence in the LACC in fulfilment of its mandate.”
He emphasized that if the taskforce must be maintained, it should be led by the Liberia Anti-Corruption Commission and not exclusive of the Commission, as it is currently. Also, members appointed to the taskforce must have track records of integrity, and be perceived to be independent and/or politically-neutral