Liberia’s Justice Minister and Attorney General, Cllr. Natu Oswald Tweh, Sr., has raised serious legal, institutional, and political concerns over the Legislature’s passage of the revised Port Authority Act, arguing that the new law fails to address key objections earlier raised by President Joseph Nyumah Boakai, Sr. in his veto message.
In a formal legal opinion submitted to the Executive, the Justice Minister warned that the Act not only weakens existing maritime governance structures but also sets a troubling precedent for relations between the branches of government.
Executive Exclusion Raises Governance Concerns
According to Cllr. Tweh, the Legislature’s decision to proceed with sweeping port sector reforms without meaningful executive consultation carries “profound political and institutional implications.” He cautioned that such unilateral legislative action could fundamentally alter Liberia’s system of interbranch cooperation.
“When the Legislature demonstrates that it will proceed with major governmental restructuring without executive consultation, it signals a shift toward a more adversarial relationship between the branches,” the Minister noted.
He warned that this approach could encourage future legislatures to bypass the Executive on other significant national matters, gradually eroding collaborative governance.
The Justice Minister further emphasized that citizens expect cohesive governance, with the Executive and Legislature working together to address national challenges.
Continued public disagreements over major reforms, he warned, could undermine public confidence in government effectiveness.
Hybrid Structure Lacks Global Precedent
In a separate opinion, Cllr. Tweh criticized the structural design of the Act, describing it as a hybrid framework that borrows from multiple international port governance models without clearly adopting any one system.
“This structural novelty, while not inherently problematic, requires careful justification and comprehensive planning,” the opinion states, adding that such planning appears to be absent from the current legislation.
He observed that the framework lacks precedent among successful maritime administrations worldwide, raising concerns about its long-term viability.
Veto Issues Remain Unresolved
President Boakai previously vetoed the Port Act, citing several substantive legal and policy issues. However, the Justice Minister concluded that the revised Act failed to address these concerns.
One major issue, identified as Substantive Issue #6 in the veto letter, was the weakening of the Liberia Maritime Authority (LiMA).
The President warned that transferring regulatory powers to a new agency would render LiMA partially redundant. According to Cllr. Tweh, Section 720(1) of the revised Act still transfers core regulatory functions, leaving the veto concern unresolved.
Similarly, Substantive Issue #4 of the veto objected to provisions granting the new agency authority to enforce Maritime Authority regulations, including inspection and supervision of seacraft.
The Justice Minister noted that Section 506 of the revised Act continues to confer these broad powers.
Another unresolved concern is Substantive Issue #9, which relates to the collection of 10 percent of all port revenues to fund the new agency.
Cllr. Tweh confirmed that Section 406 of the revised Act retains this provision, despite the President’s objection to its scope and financial implications.
Call for Reconsideration
Taken together, the Justice Minister’s opinions suggest that the revised Port Act remains legally and institutionally problematic.
He implicitly urged lawmakers to reconsider the legislation in light of constitutional balance, administrative efficiency, and respect for executive authority.
As debate continues, the fate of Liberia’s port governance reform now rests at the center of a broader national discussion on the rule of law, separation of powers, and effective democratic governance.
