Justice-in-Chambers Yamie Quiqui Gbeisay has declined to issue a writ of prohibition requested by the Unity Party (UP), the National Democratic Reformation (NDR), African Liberation League (ALL), and the Liberty Party (L.P.) against the Office of the Ombudsman, citing a procedural defect in their filing.
The Chambers Justice comes following a conference held between both parties on Tuesday, November 5, 2024, at the Temple of Justice in Monrovia.
Justice Gbeisay’s decision to decline to issue the preemptory writ was predicated upon procedural errors by the complainant.
He said the UP Alliance had defects in their procedure, so he could not issue the writ.
The Associate Justice furthered the Office of the Ombudsman’s ability to carry out their administrative functions, which were temporarily halted by the presiding Justice in Chambers.
These political parties recently opposed the Ombudsman’s directive that government officials holding dual roles (serving in government and party positions) must step down from one.
The Office of the Ombudsman recently sent a warning to government officials, urging them to take note of Section 5.1(a) and (b) of the Code of Conduct, which provides that “All Officials appointed by the President of the Republic of Liberia shall not: (a) Engage in political activities, canvass or contest for elected offices; and (b) “Use Government facilities, equipment or resources in support of partisan or political activities.”
Following the commissioning of the Office of the Ombudsmen in August 2024, the institution immediately commenced monitoring, evaluating, enforcing, and investigating non-adherence to the Code of Conduct of Public Official.
In this regard, 26 appointed officials of the Government of Liberia (GOL) were written to resign their political party positions or government positions in obedience with Section 5.1 (a) of the Code of Conduct.
In response to the directive issued by the Office of the Ombudsman, four individuals, including Hon. Dixon Tamba (Dept. Commissioner General, Liberia Immigration Service), Hon. Kundukai Jalibah (Deputy Commissioner General, Liberia Immigration Service), Hon. Leon Talery (Assistant Minister, Ministry of Foreign Affairs), and Hon. Richard Huff (Deputy Director, Liberia Refugee Repatriation and Resettlement Commission (LRRRC)) resigned their respective political party positions and submitted evidence to the Office.
Despite the public demonstration of the individuals mentioned above, all other government officials that were written have remained defiant and refused to adhere to the directive as provided for under Section 5.1(a) of the Code of Conduct.
By this announcement, the Ombudsman directs all those individuals it interacted with and others who are similarly situated (public servants appointed by His Excellency Joseph N. Boakai and those appointed by the previous Liberian presidents since the coming into force of the Code of Conduct), to comply with Section 5.1(a) of the Code of Conduct to resign their political party positions or resign from the Government of Liberia positions within five business days of this pronouncement.
Let it be known that Section 5.9 of the Code of Conduct provides that “Any public official, after due process, who is found guilty of violating any provision of [section 5] shall be immediately removed from the position.”
The latest decision by the Chambers not to issue the writ of prohibition prayed for by the UP, NDR, ALL, and L.P. has further armed the Office of the Ombudsman to continue with their work.
The public is now looking forward to those public officials occupying positions in Government and their respective positions resigning from either position per the Code of Conduct.
