Liberia: Pres. Boakai’s Executive Order Halting TIA Concession Ignores Justice Ministry’s Legal Opinion Validating the Deal

MONROVIA – President Joseph Nyuma Boakai’s Executive Order No. 154 suspending the controversial Traffic Monitoring and Revenue Assurance Contract between the Liberia Telecommunications Authority (LTA) and Telecom International Alliance (TIA) has sparked a wave of legal and policy debate. 

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By Gerald C. Koinyeneh
[email protected]

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Documents obtained by FrontPage Africa reveal that the President’s decision contradicts an existing legal opinion from the Ministry of Justice which had earlier validated the concession agreement and affirmed its legality.

The Executive Order

The Executive Order, issued on October 31, 2025, cites findings and recommendations from the General Auditing Commission (GAC), the Liberia Anti-Corruption Commission (LACC), and the LTA Board of Commissioners.

“Based on the recommendation of the General Auditing Commission, the recommendation of the Liberia Anti-Corruption Commission, and a Resolution of the Board of Commissioners of the Liberia Telecommunications Authority, the contract for Traffic Monitoring Services that was signed between the LTA and Telecom International Alliance (TIA), (along with all of its amendments and transformations), is hereby suspended for fraud in the procurement of the contract as stated herein,” the Executive Order reads.

President Boakai ordered the LTA to “desist from further implementation of this contract with immediate effect” and directed the Ministry of Justice to pursue the matter “in accordance with the Penal Code and the rule of law.”

The President cited alleged procurement violations and fraud in the award of the contract, noting that the Public Procurement and Concessions Commission (PPCC) had earlier raised red flags about the process.

According to audit and investigative findings, TIA was registered in the U.S. State of Delaware only four days after receiving the bid documents, and incorporated in Liberia ten months later—long after being awarded the contract.

The reports also found that the revenue-sharing ratio in the original agreement was increased from 35% to 49% in favor of TIA and the duration extended from 6 to 20 years without proper authorization or a value-for-money analysis.

President Boakai’s directive further instructed the LTA and PPCC to engage a “qualified service provider” in full compliance with the law to ensure continuity of the traffic monitoring system.

The Executive Mansion said it intends to notify the Legislature and seek “legislative de-ratification” of any prior enactments linked to the suspended contract.

Contradicting a Legal Opinion

The President’s decision, however, appears to run contrary to a comprehensive legal opinion issued by the Ministry of Justice in October 2024, which validated the TIA concession as a lawful and binding agreement.

The Justice Ministry, in its opinion addressed to the LTA, described the 2022 Amended and Restated TIA Agreement as “a formal legislative statute with the same legal status as the PPCC Act.”

“The ratification of the Amended and Restated Agreement by the National Legislature and the enactment into law of the 2022 Concession Agreement makes the LTA Opinion’s allegations of the LTA’s non-compliance with the provisions of the PPCC Act moot, irrelevant and immaterial, based on the legal presumption of the legality of legislative enactments in the absence of a judicial determination of their illegality,” the opinion stated.

The opinion, prepared by the Ministry’s Economic Affairs Division and signed by Deputy Minister for Economic Affairs Cllr. Charles D.F. Karmo, concluded that the 2022 TIA Concession was “legal, valid, and enforceable” until overturned by a court of competent jurisdiction.

The Legal Background

The LTA first awarded the contract to TIA in 2018 to monitor Liberia’s national and international telecommunications traffic. Following a midterm review in 2022, the parties negotiated an Amended and Restated Agreement which was ratified by the Legislature, signed by then-President George Weah, and printed into handbill—thereby becoming law.

Under the agreement, TIA was tasked to provide equipment and training for monitoring voice, data, and mobile money traffic, as well as managing fraud.

According to the Justice Ministry’s review, the Public Procurement and Concessions Commission had granted a “No Objection” to the 2018 restricted bidding process, and the subsequent amendments—though expanding the contract’s scope—were properly ratified and attested to by both the Ministries of Finance and Justice.

Key Findings of the Ministry’s Opinion

The legal opinion arose from a request made by former Acting LTA Chairman Patrick Honnah on July 29, 2024, seeking clarity on the validity of three related instruments: the 2018 Contract, the 2022 Amended and Restated Agreement, and the final 2022 Concession Agreement.

In its findings, the Justice Ministry determined that the 2018 Contract between LTA and TIA was legally awarded following a restricted bidding process approved by the PPCC on a “No Objection” basis.

The subsequent amendments and revenue-sharing terms (49% for TIA and 51% for LTA) were reached through “good faith negotiations” and duly approved by the Ministers of Finance and Justice. The 20-year concession term contained in the 2022 Agreement was not arbitrarily inserted by the Legislature as stated by the LTA under the UP-led government, but had already been negotiated between the parties and approved by relevant authorities.

It added that the Addendum establishing the 9% Regulatory Fee and TIA’s 49% revenue share was legally executed and attested by the Ministers of Finance and Justice in March 202 and the LTA Legal Department’s prior conclusion declaring the concession invalid was “factually erroneous and based on flawed assumptions.”

The Ministry’s opinion concludes: “In the absence of a specific judicial determination to the contrary, the 2022 Concession Agreement is presumed to be legal, valid, and enforceable.”

The opinion also emphasized that the LTA — as the procuring entity under the PPCC Act — acted within its statutory authority in reviewing, negotiating, and concluding the agreement with TIA.

LTA Declined to Cooperate, Says MoJ

The Justice Ministry noted with concern that it invited LTA’s legal counsel on three separate occasions to clarify key points raised in the Authority’s own opinion, but all invitations were declined.

The Ministry also rebuffed LTA’s claim that TIA began operations late, citing documentary evidence showing that TIA submitted its first billable traffic data to the LTA as early as February 2019, contradicting assertions that work commenced only in October 2019.

TIA’s Position Vindicated

The Ministry’s findings appear to vindicate TIA, whose Vice President and General Manager, William F. Saamoi, had earlier submitted a trove of documents to the Ministry defending the legality of the concession.

Among the documents were bidding records, technical and commercial proposals, approval letters from the PPCC, and correspondence showing compliance with the Public Procurement Act.

Political Undertones and Alleged Interference

Multiple sources told FrontPage Africa that a small circle of President Boakai’s key advisors and financiers, led by a Ghanaian national identified as Naphisa Ibrahim, have been lobbying aggressively for the government to replace TIA with another company.

The campaign reportedly gained traction shortly after the Unity Party-led government assumed office in early 2024.

In July 2024, acting LTA Chairperson Patrick Honnah wrote to the Ministry of Justice seeking a legal opinion on the validity of the TIA agreement. The Justice Ministry subsequently conducted a detailed review and reaffirmed the agreement’s legality in its October 25, 2024 opinion.

Despite this, President Boakai’s Executive Order effectively overrules the Ministry’s legal position—raising questions about the separation of powers, the sanctity of legislative acts, and potential executive overreach.

A Looming Legal Showdown?

The Executive Order’s directive for the Ministry of Justice to “pursue the matter under the Penal Code” suggests that the administration may be preparing to prosecute individuals linked to the deal, though it remains unclear which parties are under investigation.

Legal scholars and political observers have warned that halting a legislatively ratified concession without judicial review could expose the government to legal challenges and possible investor backlash.

“Only a court of competent jurisdiction can invalidate a law or concession enacted by the Legislature,” a senior legal expert told FrontPage Africa on condition of anonymity. “If the Executive can unilaterally suspend a ratified agreement, it sets a dangerous precedent for future investments.”

Analysts say the unfolding dispute over the TIA concession underscores the Boakai administration’s growing struggle to balance its anti-corruption rhetoric with adherence to constitutional and legal processes. The President’s decisive move to suspend a lawfully ratified concession may bolster his image as a corruption fighter in the short term, but could also erode investor confidence and trigger legal uncertainty in the country’s concession environment.

They added that the move by the president raises serious economic, diplomatic, financial and legal implications for the Unity Party- led government with initial suggestions that TIA, a US- based company could pursue and exercise the right to take the administration to court. But more importantly, the constitutional matter is whether the president can suspend a concession agreement when the government’s attorney general concluded that only a court take such action.

As the controversy unfolds, the Boakai administration now faces a difficult balancing act — addressing corruption allegations while upholding the rule of law and respecting established legal frameworks.