Monrovia – The Supreme Court Chief Justice was in shock dismay when the lawyer representing the National Lottery Authority (NLA) informed the court that the agency’s bank account was still frozen by the Ministry of Finance Development Planning (MFDP) despite previous order unfreeze.
Report by Bettie K. Johnson-Mbayo, [email protected]
The court previously ordered Solicitor General Daku Mulbah to instruct MFDP to allow the agency operates like the way it used to prior to new appointments by President George Weah.
Cllr. Stanley Kparkillen told the court that the mandates given the MFDP were not adhered to as the ministry is currently allowing all vouchers and checks to be approved by the Minister of fiscal affairs, Samora Wolokolie.
During the legal argument, Cllr. Kparkillen disclosed that the vehicle of the Human Resource section has now been returned to her after the police, by order of MFDP and the Director General, confiscated it. Staff of the HR section has returned to work after they were asked not to go on the premises.
The Supreme Court, in the last hearing, ordered that the Director General and HR be reinstated, that the Solicitor General provides proof that NLA’s account is accessible to the DG while the deputy DG be restrain from carrying out functions without the knowledge of the DG.
Cllr. Kparkillen said prior to the stay order on the agency, the DG worked directly with the board in writing vouchers, checks and employees’ salaries were directly credited through their accounts as compared to now.
According to him, MFDP wrote the bank to grant authorization on all vouchers and checks, which is not the regular procedure, adding that, “The MFDP is in violation, the account is still teleguided and restricted by them.”
In counter arguments, the Solicitor General told the court that immediately when he left the last hearing, the execution of the order was done, adding that he wasn’t in good health conditions so he did not follow-up.
“We called the HR and DG to meet with the Inspector General of police, we made sure that they both returned to work and it was successful, the vehicle was taken back to the office,” Cllr. Mulbah explained.
He said he could not recall if everyone had returned to work or if the agency is operating as it was before.
Cllr. Mulbah consented that the agency has an active board of directors, but could not speak on the procedural of employee’s payment neither on the structure of the entity.
Cllr. Kparkillen counter argued that MFDP has taken over the functions of the board and that they are not part of the functions of the agency.
He said though the Director General has returned to work, new employees of the agency consider him as “disrespectful to the President’s order”.
But Chief Justice Francis Korkpor was baffled by the answers from Cllr. Mulbah, sating the SG should have ensured that the court’s mandate was implemented.
“The employees must get paid, make sure that MFDP doesn’t interfere with the running of the agency and if the mandate is disrespected, we will hold you responsible,” the Chief Justice said.
He also ordered the Solicitor General to ensure that the letter ordering that the bank account is managed directly by MFDP be withdrawn immediately.
The court, however, frowned on the action by MFDP failure to obey its mandate, saying that the action is “disrespectful”.
FPA contacted Wolokolie who denied that the account is not frozen but was managed by them since the incumbent DG has refused to adhere to the appointment of President Weah.
“The new lottery boss was appointed by the president and that was challenged by the incumbent who is there as a basis of tenure,” he said.
“Just as the president came in January and he said that no one should spend money more than US$3,000 without his approval that is a similar manner in which the lottery account has been subjected to.”
Wolokolie added that if the NLA has to spend any money, MFDP is basically asking for permission.
“Who has the authority under the Public Financial Management (PFM) act to open and manage all accounts of the Government of Liberia that is exactly what has happened,” he said.
“What we decided to do as a government is to ensure an additional financial measure preventive measures that the smooth operation of the lottery is enhanced.”
“So, if there is a freeze on the account, then they will not have money getting out of the account, but as we speak there is money getting out of the account on the regular basis but subject to approval.”
“The approval of the ministry of finance, and that approval is designated to me as a fiscal minister, I am the one who signs all government accounts plus the president.”
Wolokolie furthered that MFDP has intended to execute additional preventive measures including the disbursement of any funds from the lottery account “Must meet the express approval of the MFDP and that is the letter written to the bank.”
He said the measure is when they want money they write the MFDP which will be approved.
Wolokolie said all payment will have a review after which a letter will be sent to the bank to release the funds.
Prior to the appointment of Kortu, such measure was not in place but Wolokolie clarified that the measure came into place when Martin Kollie, current DG of NLA, challenged President appointment.
“When MFDP who is responsible for the signing and opening of all government accounts as per the PFM, law we realize that financial activities had not been done in line; we can assume the responsibility of any institutions for which operate government account; we have the authority under the PFM law.”
Meanwhile, Wolokolie declined on speaking on the court’s mandate adding that he was only speaking on the measures MFDP has taken.
“I am not aware of the mandate, I am not saying that the Ministry of Justice has not sent the mandate to me. I am not aware of the mandate. I have not received the mandate from the ministry of justice regarding anything like that; you are the first person I am hearing it from.
Kollie was appointed September 16, 2015, and he has a year left as the NLA act says he has a 4-year tenure job, but President Weah appointed Reginald Nagbe to replace Kollie, though his tenure has not ended.
It can be recalled that President Weah, through Justice Minister Frank Musa Dean, on yesterday admitted, during an argument before the Supreme Court, that he had circumvented the Act that created the National Lotteries Authority (NLA) that the founders put in place for transparency and accountability by appointing a deputy director general of operations.
Under the Act that created the NLA, the board of directors has the power and authority to appoint a deputy director general for operations as the principal deputy to the director general for an initial term of two years.
Consistent with the mandate, the chairman of the board of directors of the NLA, Claude J. Katta, pursuant to a resolution of the board upon review of the record, appointed Madam Agnes Effiong on September 20, 2016, as deputy director general.
However, President Weah, in complete disregard of the act of the NLA, in early June 2018 appointed Neved Kortu to replace Effiong, while she still had three months left to the expiration of her tenure.
It was President Weah’s nominations that resulted in Effiong’s lawyer Cllr. Kparkillen praying for a Writ of Prohibition, challenging President Weah’s appointment of Kortu to her position as illegal and unconstitutional.
The headquarters of the National Lottery Authority was a scene of upheaval on June 29, 2018, when Kortu attempted taking over as Deputy Director General for Operations with the support of his followers.