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Supreme Court Re-Hears Case on Legality of Asset Recovery Task Force

The Supreme Court of Liberia resumed hearing the contentious case between Gracious Ride, a private transport company, and the Asset Recovery and Property Retrieval Task Force on January 14, 2025.

The dispute, stemming from the seizure of Gracious Ride’s vehicles in March 2024, has spotlighted the legality and procedural integrity of the task force established by President Joseph Nyuma Boaka under Executive Order #126.

Gracious Ride, the petitioner, has mounted a fierce challenge against the task force, arguing that its creation and operations are unconstitutional. Their case hinges on four key points: first, the task force was established without legislative approval, violating Article 89 of the Liberian Constitution, which requires such bodies to be sanctioned by the Legislature.

Second, they assert that the executive order breaches the doctrine of separation of powers enshrined in Article 3 and Article 34, which grants lawmaking authority exclusively to the Legislature.

The transport company also accused the task force of duplicating the functions of existing institutions, such as the Liberia Anti-Corruption Commission (LACC) and the Financial Intelligence Unit (FIU), thereby undermining the roles of these statutory bodies. Finally, they argued that the seizure of their vehicles was conducted unlawfully, with no court orders or prior notice, disrupting their business operations and violating their constitutional rights.

On the other side, the government defended establishing the task force as both constitutional and necessary. The Solicitor General, representing the state, argued that President Boakai acted within his authority under Article 50, which vests the executive with broad powers to execute the law and ensure national governance. The state maintained that the task force was essential to recovering stolen assets and addressing systemic corruption.

However, the government conceded that procedural errors were made during the vehicle seizures. While admitting that no prior notice was given, it justified the actions as necessary and consistent with the broader mandate of asset recovery. “The task force was created to serve the public interest,” argued the state’s legal team, “and while there may have been lapses, the overarching intent was lawful.”

The justices of the Supreme Court, led by Chief Justice Sie-A-Nyene G. Yuoh, posed pointed questions about the task force’s legal foundation and its operational procedures. The absence of judicial oversight and the lack of notice provided to Gracious Ride before confiscating their vehicles were of particular concern. The Chief Justice pressed the government on whether the executive order overstepped constitutional boundaries, particularly regarding the separation of powers and due process.

Observers have noted that this case has significant implications for governance and the rule of law in Liberia. Critics of the task force argue that its establishment through an executive order undermines constitutional safeguards and creates a dangerous precedent for bypassing legislative approval. On the other hand, proponents view it as a bold step toward addressing corruption and recovering stolen public assets.

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