Gracious Ride through its legal representation headed by Cllr. Michael Wilkins Wrights and Abraham Zayzay have declared the Asset Recovery and Retrieval Taskforce an illegal body which has not been legislated by the Legislature that has the authority to make law.
The petitioner’s lawyer also questioned the legal authority of President Joseph Boakai Executive Order #126 in which their commercial vehicles were illegally seized by the Asset Recovery and Property Retrieval Taskforce in March of this year.
Former Supreme Court Justice further argued that the purported Asset Recovery and Retrieval task force is obstructing the function of the Liberia Anti-Corruption Commission which is the legal body to investigate stolen state assets.
The Supreme Court on Thursday July 4, 2024, earlier heard and reserved arguments into the case involving Gracious Ride vehicles in which they declared the President’s Executive Order #126 as unconstitutional but the absence of quorum made the high court to re-schedule the case for hearing on Tuesday, January 4, 2025.
During their arguments, the petitioner Gracious Ride said, they have standing because they were affected by the actions of the Asset Recovery and Property Retrieval Task Force by seizing their vehicles in the street without any legal authority.
Cllr. Wright arguing before the full bench of the Supreme Court contended whether or not President Boakai has the authority to dedicate legislative define role to Asset Recovery and property Retrieval Taskforce?
The petitioner’s lawyer Cllr. Wright argued that an Executive order should be issued when there’s a danger like public health, national security and other threats facing the state but in the case of Gracious Ride, there is no danger affecting the state for such state of emergency to be issued.
Whether or not, the President conduct of issuing Executive Order #126 violates the Constitution of Liberia?
To deal with the first issue, Cllr. Wrights answered in the affirmative that President Boakai violated the authority of the legislature in Article three of the Liberian Constitution.
The former Associate Justice Wrights also quoted that President Boakai violated Articles 89 and 5©, 34 and 3 of the Liberian Constitution.
Article 89 the following Autonomous Public Commissions are hereby established: A) Civil Service Commission; B) Elections Commission; and C) 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.
Article 34 of the Liberian Constitution states that The Legislature shall have the power: a) to create new counties and other political sub-division, and readjust existing county boundaries; b) to provide for the security of the Republic; c) to provide for the common defense, to declare war and authorize the Executive to conclude peace; to raise and support the Armed Forces of the Republic, and to make appropriations therefor provided that no appropriation of money for that use shall be for a longer term than on year; and to make rules for the governance of the Armed Forces of the Republic; d) to levy taxes, duties, imports, exercise and other revenues, to borrow money, issue currency, mint coins, and to make appropriations for the fiscal governance of the Republic, subject to the following qualifications all revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills, shall originate in the House of Representatives, but the senate may propose or concur with amendments as on other bills.
No other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality.
In all such cases, a true and correct account of funds collected shall be made to the community or locality; among others.
Article 3 states that Liberia is a unitary sovereign state divided into counties for administrative purposes. The form of government is Republican with three separate coordinate branches: the legislative, the Executive and the Judiciary.
Consistent with the principles of separation of powers and checks and balances, no person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this Constitution; and no person holding office in one of the said branches shall serve on any autonomous public agency.
He said, even though he’s not challenging the authority of the President for issuing his executive order but the establishment and conduct of the Asset Recovery and Retrieval task force which is a Parallel body to the legitimate body of the LACC.
“There are parallel institutions like the LACC, FIU” and others are legal entities enacted by the Legislature responsible to do similar job as the Asset Recovery and Retrieval Taskforce Cllr. Wrights added.
Cllr. Wrights also relied on Article 34(I) of the Liberian Constitution saying,
“By establishing the Executive Order #126, our rights were being violated” by stopping our vehicles in the street by putting off passengers without a court’s order.
He argued that it is the duty of the Legislature to promulgate laws and if President Boakai wants for the Asset Recovery and Property Retrieval task force should be legitimate, let it pass through the Legislature or amend the LACC Act.
“Creating an Executive Order cannot overturn another existing laws” Cllr. Wrights added.
Cllr. Wrights therefore prayed court to declare the President Executive Order unconstitutional because it is the Legislature who has the authority to create laws in the Republic of Liberia.
As for the respondent (Executive Branch) of the government represented by Edwin Kla Martin argued that petitioner (Gracious ride) doesn’t have the standing or capacity to sue.
He relies on the Chapter 11 sub-section 11(e) of the Civil Procedure Law of Liberia.
His contention was whether or not, the establishment of the Executive Order #126 violated the rights of the petitioner as being alleged.
Head of the Asset Recovery and Retrieval task force said, the president acted in line with law and he doesn’t violate Articles 89, 34 and 3 of the Liberian Constitution as being perceived by the petitioner’s lawyers.
Cllr. Martin argued that at no time the President through his Executive order violated the rights of the petition because issuing an executive order power is squarely vested in the President only.
He also quoted that Article 50 of the 1986 Constitution of Liberia states that
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.
The president shall be elected by universal adult suffrage of registered voters in the Republic and shall hold office for a term of six years commencing at noon on the third working Monday in January of the year immediately following the elections. No person shall serve as President for more than two terms.
While arguing, justice Gbeisay asked him whether it was necessary for him to act like police officer by seizing those vehicles without any legal grounds? But he responded that those vehicles were seized in order for them to produce their title documents because they are under obligation to investigate suspicious or stolen properties belonging to the government.
Cllr. Martin was also slapped with another question from Chief Justice Sie-A-Nyene G. Yuoh whether there were any notice, radio and publication done prior to the seizing of Gracious ride’s vehicles in the street but he responded that they partially erred in that direction.
He also relied on Article 3 and 5© of the 1986 Constitution of Liberia to defend their actions.
He therefore prayed for the high court to rule in their favor because Executive Order rights exclusively is vested in the president.
It can be recalled in March of this year that Gracious Ride filed a petition for a writ of prohibition against the Executive Branch of government to prohibit their actions from seizing their vehicles illegally.
