By Gideon Nma Scott, Jr.
It appears that the embattled Chairperson of the Liberia Telecommunications Authority (LTA), Edwina Zackpah, who has challenged her removal from the LTA, is allegedly using State resources to sponsor her lawsuit against the government.
Many pro-government supporters have deemed the action of Madam Zackpah as an open challenge to President Boakai, and also an attempt to kick against the prick.
‘To kick against the prick’, as enshrined in Acts 9:5, refers to a goad, which is a sharp spear or stick used to poke animals to make them move ahead. But to rather move forward, a stubborn animal sometimes kicks back to retaliate, literally kicking against the prick. So it is with Madam Zackpah, and some of her colleagues at the LTA, and other persons occupying ‘tenure posts’, who do not have the backing of the 1986 constitution of Liberia.
In February, Madam Edwina Zackpah and all commissioners at the LTA were replaced by President Joseph Boakai, though no reasons were given by the Executive Mansion for their removal. But it was speculated that they breached the Code of Conduct for Public officials, which, among other things, instructs all public officials not to participate in political activities, openly display party paraphernalia, or be aligned with political institutions, which Madam Zackpah and her colleagues are guilty of in the court of public opinion. That is why many persons believe that her stay on the job is an open challenge to the powers that be.
Following their removal as Commissioners of the Liberia Telecommunications Authority, Edwina Zackpah, Israel Akinsanya, James Gharwen, Zatowon Titus, and Osborne Diggs, filed in a Writ of Prohibition to the Supreme Court against the Liberian Government for what they termed as their unlawful removal, which violates the LTA Act of 2007.
They argued, “That consistent with the LTA Act of 2007, which established the institution and governs the appointment and tenure of the commission, a person serving as commissioner or chairman may not be removed from office prior to the completion of his or her term of appointment without cause, as defined by the Act, in the instant cause the petitioners have done nothing in violation of the law to warrant their replacement or removal.”
But a source close to the Executive Mansion suggests that President Boakai is relying on the 1986 Constitution for support, and has vowed to remove targeted persons from their tenure posts,such as Article 90, which states that “No person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest; No person holding public office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by government.
The Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof,” and Article 50, Paragraph 1 of the 1986 Constitution of Liberia says, “The Executive Power of the Republic shall be vested in the President, who shall be Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of Liberia; and Article 56 says, “All cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, superintendents of counties and other government officials, both military and civilian, appointed by the President pursuant to this Constitution, shall hold their offices at the pleasure of the President.” Also, Article 89 states that “The following Autonomous Public Commissions are hereby established: Civil Service Commission, Elections Commission and General Auditing Commission. The Legislature shall enact laws for the governance of these Commissions and create other agencies as may be necessary for the effective operation of Government.
But while they are contesting their removal or replacement at the LTA, it has been alleged that the embattled Edwina Zackpah did not receive a presidential appointment from President George Weah, but rather obtained a fake document which she claimed was the authority from President George Weah as a full-time Chairperson and not acting, as it was published by the Executive Mansion-Liberia in June 2020, following the suspension of Chairman Ivan G. Brown by the former President on the same date mentioned in the alleged fake document which Madam Zackpah presented to the court. The date and time, including the year, were allegedly edited to prove that she was appointed by the former President.
It is also alleged that fake communication was used to deceive Senators, so as to not raise concern about her appointment. “She and the CDC lawmakers at the Capitol planned to fake the documents so they could influence other Senators on Capitol Hill to have no issue, but confirm her,” a source said.
All efforts to reach to Madam Zackpah did not materialize, as no one from the LTA, including people from her office, were willing to arrange a meeting with her or share her phone numbers with our reporters.
We contacted Madam Jarsea Burphy, Director of Communications at the LTA, who believes that the institution has the potential to make the difference in the telecommunication sector if the needed attention is given to the institution.
In an interview with her, Madam Burphy said, “It is comical. At the most, it is a clerical error that does not negate the intention of the President. Besides, the commissioning certificate supersedes and validates it,” noting that Zackpah was confirmed by the Senate and that the difference in the reference and the date of the appointment communication was a human error, which could have been made by anyone.
In a communication, which is in our possession, apparently, in the one that was presented to the court by Madam Zackpah, there are differences in the date the letter may have been written, and the reference that links it to the President and the Executive Mansion; and moreover, it was not written on the Presidential letterhead and on Executive Mansion Green Paper, but rather on a plain sheet of paper, which bears only the seal of the Republic and date.
“I have been here, at the LTA, since 2013, and I don’t believe that President Weah or any President will know that an official of government is not properly appointed and allow that person to function in that capacity. I think that there are people who are influencing her removal and they will have to fight harder, because one thing I know is that she doesn’t give up easily,” said Madam Burphy.
When quizzed as to whether she believed that Zackpah may have faked her appointment letter, Jarsea, who could not admit nor deny the allegation, said she was sure that the Chairperson was duly appointed and there has been no objection to her appointment over the last two years, saying, “I insist that she was duly appointed in that capacity and has been serving in that office since June of 2022, with no objection whatsoever from anyone contesting her appointment. So, I cannot say that the letter was forged or not, but looking at it, there may have been some clerical error. That’s what I think.”
However, critics of Madam Zackpah are of the conviction that she was never appointed nor certificated by the former President of Liberia, claiming that forgery is a serious offense under our law and wants the embattled Chairperson of the LTA to clarify why her letter of appointment was not compatible with the time they were confirmed by the Senate and appointed and certificated by President of Liberia.
