The Ministry of Justice (MOJ) has advised President Joseph Nyuma Boakai to veto the re-enacted and re-submitted Liberia Sea and Inland Ports Regulatory Act of 2025, warning that the bill remains fundamentally flawed and in conflict with the existing Liberia Maritime Authority (LiMA) Act of 2010.
In a detailed legal opinion addressed to the President, Acting Minister of Justice and Deputy Minister for Administration and Public Safety, Cllr. Cora Hare-Konowa, said the Legislature failed to correct the core deficiencies that led to President Boakai’s earlier veto of similar legislation in July 2025.
Senate Claims Disputed by MOJ
According to the Ministry, the Senate formally claimed that all overlapping maritime functions had been deleted from the revised bill and that the new version aligned with international best practices. However, a clause-by-clause review of the statutory text revealed otherwise.
“The Legislature’s representations do not match the actual contents of the Act,” the legal opinion states. “In several critical areas, provisions that were claimed to be deleted or substantially revised remain intact, either unchanged or only cosmetically modified.”
The Ministry cited multiple examples, including:
Port safety regulation, which the bill still empowers the proposed Liberia Sea and Inland Ports Regulatory Agency (LSRA) to “ensure,” despite LiMA’s existing mandate
Implementation of International Maritime Organization (IMO) conventions, which the Senate claimed was deleted but remains expressly stated in the bill.
Vessel inspection, certification, and detention powers, which the LSRA would exercise alongside or in potential conflict with LiMA
Regulation of dangerous goods under the IMDG Code, which the Act continues to reference explicitly
Operational authority over ports, including acquisition, ownership, leasing, and operation of port facilities
“These are not deletions,” the opinion notes. “They are retained authorities that perpetuate the same institutional conflicts previously identified.”
Overlap With LiMA Remains Central Problem
The Ministry emphasized that the most serious defect in the bill is its continued overlap with LiMA’s statutory mandate. Under existing law, LiMA is responsible for regulating merchant shipping standards, enforcing maritime laws, and coordinating Liberia’s international maritime obligations.
The new bill, however, grants the LSRA similar regulatory and enforcement powers without clearly defining boundaries or precedence between the two agencies.
“This creates legal uncertainty for vessel operators, port users, and the Government itself,” the opinion warned. “Where standards differ, the Act provides no guidance on which authority prevails.”
Conflict of Interest and Governance Concerns
The Ministry also raised concerns about conflicts of interest embedded in the proposed law. The LSRA would both regulate ports and operate them, a convergence of roles that contradicts accepted principles of regulatory independence.
“The same agency that sets port safety standards would also manage and operate port facilities,” the opinion stated. “This undermines impartial enforcement and creates incentives for regulatory leniency.”
Additionally, the Act was criticized for centralizing port ownership and control under the LSRA, contrary to the government’s stated policy objective of decentralization.
All major ports-Monrovia, Buchanan, Greenville, and Harper—would be transferred to the new agency, raising questions about the fate of previously proposed independent port authorities.
Presidential Veto Recommended
While acknowledging the Legislature’s constitutional authority to enact laws, the Ministry underscored the President’s equally important role under Article 35 of the Constitution to approve or reject legislation based on governance, enforceability, and policy coherence.
“A law may be constitutionally valid yet operationally unworkable,” the opinion stated, adding that the Executive Branch bears responsibility for implementation.
Based on its findings, the Ministry of Justice formally recommended that President Boakai exercise his veto power and return the bill to the Legislature for comprehensive amendment or clearer legislative justification.
“The re-submitted Act perpetuates the very deficiencies previously identified,” the Ministry concluded. “Approval in its current form would entrench institutional conflict rather than resolve it.”
