By Bill W. Cooper
The Senate Committee on Autonomous and Commission yesterday, July 12, 2023, prematurely suspended a confirmation hearing of nominees of the Liberian Anti-Corruption Commission (LACC), for what it termed as breach of the new LACC Act.
The dramatic event occurred in the Senate chambers when the three nominees told the Committee that they did not declare their assets prior to their appearance before Committee for their confirmation hearing.
This, the committee stressed, was in violation of Section 6.12 of the new LACC Act, which calls for anyone nominated to the Commission to declare his or her assets before confirmation.
Those who appeared were Commissioner designated for Monitoring and Investigation, Randolph Tebbs, and Dr. Miata Jeh and Samuel Dakana, who were both nominated to the position of Commissioner for Monitoring and investigation.
It can be recalled that President George M. Weah, on Tuesday, June 20, 2023, sent an official communication to the Senate, submitting the names of nominees of the LACC to be confirmed.
The nominees are Cllr. Alexandra Kormah Zoe, Chairperson, Mr. Ernest R. Hughes, Vice Chairperson, and Mr. Randolph E. Tebbs, Commissioner, Monitoring and Investigation.
Others include Miatta Jeh, Commissioner, Monitoring and Investigation, Atty. Samuel F Dakana, Commissioner, Monitoring and Investigation, Cllr. Oretha Snyder Davis, Commissioner, Prosecution, and Cllr. David A.B. Wilson.
But prior to their first appearance before the members of the Senate, following the reading of the President’s communication, there was a heated debate as to whether they should commence confirmation proceedings for all of the presidential nominees, particularly those nominated for tenure positions.
The Senators, according to our legislative reporter, were also divided on whether to out rightly reject or hold confirmation proceedings for nominees to the Liberian Anti-Corruption Commission (LACC).
The Senators, particularly those from the opposition bloc, including Abraham Darius Dillon, James Biney, Conmany Wesseh, Jonathan Karpay, and Jonathan Boy-Charles Sogbie, argued that while the President has the constitutional power to appoint and the Senate has the power to confirm or deny nominees, it is not politically prudent to confirm nominees for tenure positions with the upcoming Presidential and Legislative elections just four months away.
In their argument, the Senators acknowledge the President’s constitutional authority to appoint individuals to public positions in the executive branch of government, even in the final hours of their administration, but also hold the belief that it is politically incorrect to appoint individuals to tenure positions so close to elections, especially given the situation involving current commissioners whose contracts with the government were automatically terminated by the amended LACC law passed by the legislature.
Meanwhile, those Senators supporting the President argue that because the President has the constitutional authority to make appointments, his nominations should not be subject to debate, as doing so would infringe on the President’s authority.
Pro-Tempore Chie, in resolving the matter, announced that he considered the process to be both legal and procedural, based on the controversial arguments that arose on the Senate floor.