The Supreme Court is expected to rule in a Writ of Mandamus prayed for by four of the commissioners at the Independent National Commission on Human Rights (INCHR) requesting the court to place a stay order on the decision of Chairman Dempster Brown to withhold their salaries for June.
On June 2, 2024, Commissioners Mohammed Fahnbulleh, Neveda Risks Onuah, Patmelia Doe Paivey and Pindarous Allison filed a Writ of Mandamus before the Supreme Court bench to prohibit the INCHR boss’ decision to withhold their salaries on allegation of their refusal to produce proof of work, double dipping, delinquency and improper conducts; something Chairman Brown claimed contravenes the Act that established the Commission.
In an exclusive interview with this paper, Cllr. Brown described their argument before Associate Justice Yusuf Kabbah as lazy, shameless, baseless and has no merit of truth, saying, “How can a person leave his/her job for three months without notice to his/her colleagues including the chairperson and still wants to get paid?” I am referring to Neveda, who abandoned this place for three months without leave.”
He added, “She is also teaching at the Arthur Grimes School of Law where Allison, who did not only confirm to me, but also wrote our comptroller and admitted that he is a student at. In his communication, he also admitted that he teaches in the English Department at the state-run University of Liberia and is working here as a Commissioner. He does not have time to accomplish his task here”
“Patmilia doesn’t come to work because she said government is not giving her gasoline. I even sent her to the Gender Ministry as our focal person, but she has is yet to report to the Board of Commissioners on her engagement with Ministry and partners. And Fahnbulleh who is facing criminal charges for sexual assault at Criminal Court ‘E’ and his alleged involvement in the death of a young man at the Salem Police depot on the Airfield is afraid to come to work because he has done nothing since he came here. Fahnbulleh is responsible to report to this Commission the numbers of treaties, conventions and protocols that have been signed and or not signed by the Liberian government. For the past one a half year, he has not written a single line as a report for tasks accomplished. So, who in their right administrative mind will pay such people who are not able to perform and moreover neglected their jobs,” he wondered.
Article 15 of the Act that established the INCHR state, “The chairperson of the Commission shall hold office for six years. Other Commissioners shall hold office for five years; a commissioner shall not hold any other public or government office upon incumbency; a commissioner shall not engage in any other occupation, business or profession or any other activities for which he or she is paid and a commissioner shall not hold any position incompatible with the proper performance of his/her official duties. Within in ten days following his or her appointment and before taking office, he or she must resign from any position incompatible within this section, or with the office of commission, otherwise the nominated person is barred from accepting the appointment”
Brown said, “Act. 16.1 says that all employees working at the Commission shall be under the discipline, supervision and functional control of the Commission. This is why I have taken disciplinary action against them,” and noted that the withholding of the salaries of the affected commissioners is in line with several counts including 2.3.4, 3.9 of the Standard Operating Procedure (SOP) of the Independent National Commission on Human Rights.
“My brother, Article 10 of the INCHR Art makes me, as chairman, the administrative head, spokesman, and the sole representative of the commission, except I designate someone to act in my stead, when I see it necessary,” the Chairperson reminded.
Article 10 states, “The chairperson of the commission shall be the administrative head of the Commission; in consultation with Commissioners may allocate responsibilities between Commissioners, which may include policy making and advisory responsibilities; shall preside over all meetings of the commission and shall also be the spokesperson of the commission; shall make administrative decision for the welfare of the commission and shall of the commission; shall represent the commission in all conferences, except where he or she designates any of the commission or of staff to represent the commission.”
“So, I don’t see what I have done wrong here. I am only working in confines of the Art that established the INCHR and the roles ascribed to me as chairperson which are clear in Article 10 of the Art. This is why I am not moved by their lazy and baseless arguments. There are standards, procedure and policies that we all as employees of this Commission are required to abide by upon our acceptance to work here,” Brown asserted, stressing that the affected commissioners have willfully disrespected all the norms of the integrity body.
He stressed, “These unnecessary conflicts have made us to lose our essence and confidence in the face of some of our local and international partners. The people don’t want to work and the only way they think they can survive is through conflict.”
Also responding to a group claiming to be majority bloc of the commissioners, calling for his resignation as chairperson, Brown said, “The people don’t know what they are talking. This is why I say their Writ of Mandamus at the Supreme Court is baseless and a waste of our time and energy. Presently, we are looking into major cases such as the 32 years old man who they say killed himself while in police custody on the Airfield, an alleged ritualistic killing in Maryland and other civil political as well as economic social and cultural rights issues.”
“And in fact, some of those people came here frequently. Fahnbulleh claims that he was vetted by the Supreme Court, which is a lie. President Weah did not appoint and or commission Patmilia and Neveda. We have the document to prove. They came with fake documents saying they were acting. I communicated to them to bring their letter of appointment which they have not brought. This is why I am an enemy to them. But even if your hate does not make you to abandon your job’ you are working for the Liberia people and your individual families. It is only that I am your direct supervisor, that’s all. So, you don’t take issues that you claim you have with me to your job. That’s unprofessional and unethical,” Brown charged.
Since their appointments to the Commission in 2021, the INCHR scene for conflict escalated, with commissioners trading claims and counterclaims; with each accusing the other of violating the INCHR Art, Stand Operating Procedure and international protocols and human rights laws.
