A Humble Constitutional Call To Duty!

Hon. Marvin Cole, Hon. Musa Hassan Bility and Hon. Frank Saah Foko, let me first salute you Honorable Gentlemen for your recent Facebook posts and interviews questioning the unlawful and unconstitutional act of the Executive to bring into the country yellow machines under dubious circumstances. The three of you have raised issues bordering on legislative oversight, usurpation of powers, constitutional abuses, etc. Besides, the three of you, I have also heard few of your colleagues expressed similar views and are willing to join you at the Legislature in order to bring a halt to the Executive flagrant disregard for the laws of our land.

---

By: Hon. Acarous Moses Gray, contributing writer and former Representative, District#8, Montserrado County

---

Honorable Gentlemen, having listened to the two school of thoughts emerging from the Legislature, with one postulating that lawmakers cannot act because nothing has yet been brought before them and the second opting to seek inquiry and act, I support the latter. The Legislature has three cardinal functions—which are representation, lawmaking, & oversight—and at this juncture an oversight of the Executive function is needed urgently.

WHY LEGISLATIVE OVERSIGHT?

The announcement of procured yellow machines heading to the country was made public during the last Cabinet Meeting by the Minister of State Without Portfolio who was confirmed by the Liberian Senate.

The President of the Republic of Liberia validated this announcement by stating that he had earlier rejected the usage of his photos on the equipment. In addition to the pronouncement, the official spokesperson of the Government confirmed the arrival of the machines in the country.

The Legislature is under obligation at this point to seek inquiry as reflected in its oversight mandate and act in accordance with the law. These are machines for the usage of government as was pronounced (and now that they have been received and paraded by the Minister of State without Portfolio and few officials of government).

The question as to whether the equipment will be privately owned is mute and doesn’t have any merit, especially when the Executive has taken ownership and made public pronouncements on how the distribution is expected to take place.

Interestingly, the Ministry of Public Works that was created by an Act of the Legislature and charged with the responsibility to do our roads have said nothing and is conspicuously distant from the yellow machine’s saga.

Why should the Minister of State Without Portfolio be so interested instead of the Minister of Public Works who is charged to do so by law? Who are the suppliers of the machines and what is their source of funding or what do they want in return from Liberia are all legitimate questions Liberians are asking through their direct representatives.

There is a growing fear of terroristic financing and money laundering surrounding all this, which is of concern to our international partners. The safety of our people and country matters, and at such speculation of an alleged criminal enterprise behind the most secret Yellow Machines Deal ought to be laid to rest now and forever.

Honorable Gentlemen, you are fully cognizant of the fact that the source of funding for this equipment is not provided for by the current budget nor by any existing loan agreement.

Many of you are still baffled by the fact that not even in the spirit of coordination has the Executive been able to have fully briefed you the People’s Deputies. You are left with no explanation to your constituents and it’s of absurdity that you, our representatives are kept in isolation of key information which should affect the entire country.

You are therefore under constitutional obligation to bring in the Minister of State, the Minister of State Without Portfolio, the Minister of Information, The Public Works Minister, the National Port Authority Managing Director, the Director General of the Liberian Revenue Authority, the Head of the Road Funds, the Finance Minister, the Head of the PPCC [Public Procurement and Concession Commission], the Justice Minister and the Defense Minister to query them on the Yellow Machines Saga.

Some reading this may be concerned why am I designating some of these entities. That’s because they all have a role to play.

The National Port Authority for instance is the gate way to the country’s economic where these equipment are being received and the Managing Director is on public record for stating how payments for the machines will be done.

 Also, the Port Authority will be able to help with appropriate importation documents, while the Liberia Revenue Authority will be able to make available for example taxes and duties paid on the equipment.

The Minister of Defense because the equipment were taken to the grounds of the military barracks and explanation is needed on why they are there. Maybe they are for military use so we need to know.

The Ministers of Finance and Justice must both affix their signatures to financial documents that are ratified by the Legislature. And the Head of the PPCC will be better suited to tell us if those equipment were purchased in line with the entity regulations.

Constitutional Concerns, Usurpation Of Power And Violation Of The Ppcc Regulations And PFM Law

Honorable Gentlemen, the constitution gives you the authority to approve loans and guarantees. Article 34 of d(iii) states clearly that “No loans shall be raised by the Government on behalf of the Republic or guarantees given for any public institution or authority otherwise than by or under the authority of a legislative enactment.”

Honorable, your oversight will provide you the first-hand information on whether the Executive negotiated for a loan or guarantee without your approval. If this is the case, it means that is a usurpation of your constitutional authority under the doctrine of separation of powers.

Also, if there is an attempt to seek a loan agreement to be brought before the Legislature, it also means that the Legislature will be unconstitutionally acting for the fact that the pieces of equipment should have been procured and brought into the country after a ratified loan agreement. This means that Article 21 of the Liberian constitution has to be protected as it frowns on “ex post facto law.”

Your oversight under the doctrine of check and balances is also a constitutional guarantee that must be used to establish whether the PPCC Regulations and that of the PFM laws were adhered to or not.

Honorables, to sit and allow your constitutional functions to be wrapped up in a TOILET PAPER as the Executive has seemingly done, could be interpreted as being in cohort with the Executive and its secret and shady Yellow Machine Mamaka-Gate.

Also, beware of the well-constructed political ploy and arm twisting being cooked up by the Executive which attempts to portray you as anti-developmental. These are scare tactics to have you kowtow to this creeping dictatorship in our country.

Honorable Gentlemen, we are also hearing from the corridors of the Executive about an attempt to backdate procurement processes leading to the purchasing of the machines. Also, from the corridors of the Senate there are reports about a concocted bogus resolution intended to justify the machines’ illegal purchase and imports. These are all concerning rumors and where there is smoke there is fire.

Finally, let me inform you that history will record you kindly if you stand on the side of the law by halting this gross violation of our constitution. You shall be remembered for standing up against an imperial presidency in defense of the oath you took to uphold, protect and defend the Constitution and all other laws of the Republic of Liberia.