Monrovia – The Supreme Court on Monday, August 5, declared that the removal of the National Lottery Authority’s Managing Director Martin S. Kollie by the government was unlawful.
Kollie was suspended on April 10 this year and later replaced as Managing Director of the National Lottery Authority (NLA) for alleged acts of impropriety.
The NLA is the government agency regulating lottery, gaming or chance business in the country.
A press release from the Executive Mansion at the time quoted President Weah as saying that Koillie will remain suspended pending the outcome of a full-scale investigation into alleged acts of improprieties.
Following his suspension, Kollie’s lawyer, Cllr. Stanley Kparkillen filed a writ of prohibition to the Supreme Court against the government’s decision against his client “illegal suspension”.
Cllr. Kparkillen argued that the NLA Board at no time cited Kollie to acquaint him about the alleged act of impropriety committed as claimed by the Executive Mansion; therefore, he was seeking legal redress as the only means to remedy the “politically driven decision” taken by the Executive Mansion,
The Supreme Court ruled into the matter on August 5, 2019 declaring the government’s decision to suspend and later replaced Kollie from the post as unlawful.
The court said although Article 89 of the Constitution of Liberia specifically created three autonomous public commissions, but the same Article authorizes the Legislature to create other agencies as may be necessary for the effective operation of Government.
The Supreme Court then said NLA enjoys all attributes of an autonomous public commission, therefore, the Legislature acted within the scope of its authority in enacting laws for its governance, including the provision of tenure for its Director-General.
The court added that any Act passed by the Legislature is presumed to be constitutional unless the contrary is clearly shown, holding that the Legislature is presumed to have acted constitutionally in passing a statute.
According to the high court, there is no showing that the Act passed by the Legislature providing tenure for the Director-General of the National Lottery Authority is no violation of the power granted the President of the Republic of Liberia under Article 56(a) of the Constitution.
Article 56 gives the President the authority to appoint and dismiss at his will and pleasure.
The Supreme Court further in its Opinion that Section 8.1 (b) of the Act establishing the NLA provides that its Director-General shall hold office for the initial period of four years but may be reappointed for another four years and no more.
The Act also states that the Director-General may resign his post by notice in writing addressed to the President of Liberia through the Board of Directors.
The Court, however, said that the NLA boss may be removed by the President before the expiration of his tenure for inability to discharge the functions of his office whether arising from infirmity of the mind or any cause or proved misconduct.
The Court then concluded that there is no showing that any of the conditions under which the current Director-General of the NLA may be removed by the President before the expiration of his tenure.