Africa-Press – Liberia. The Center for Transparency and Accountability in Liberia (CENTAL) says it Welcomes President Joseph N. Boakai’s determination to recover public assets; but says the Assets Recovery Task Force usurps the mandate of the Liberia Anti-Corruption Commission’s (LACC).
According to CENTAL, the Task Force essentially assumes the role of the LACC, thereby making it a parallel to the commission; and that the Task Force is not independent, as it is situated in the Presidency and includes supporters of Boakai’s 2023 Presidential bid.
Speaking at a news conference in Monrovia, CENTAL boss, Anderson Maimen told a team of reporters that the Task Force assuming the role of the LACC was unacceptable citing parallels in relations to the LACC Act of 2022 and EO # 126: Section 4.1 (d) of the LACC Act of 2022 gives it the power “to, independently and in the name of the Republic of Liberia, investigate and prosecute any and all acts of corruption.”
At the same time Section 5.2(j) provides that the LACC shall serve as the agency of government of Liberia with primary responsibility for the investigation of all acts of corruption.
Meanwhile, he maintained that EO#126 provides in Count 2 that the Taskforce has the mandate to “constitute an investigative Panel to probe into Liberia’s stolen and suspicious assets“.
Further, Count 4 of EO #126 mandates the Task Force to “initiate immediate criminal prosecution and civil litigation where applicable on behalf of the Government of Liberia”.
It is for similar reasons that now have laws requiring open and competitive recruitment to anti-graft institutions. Thus, assuming that the Task Force should be allowed to stand, its membership would not meet the neutrality benchmark.
For instance, Mr. Martin N. Kollie and Ms. Victoria Moinsemah were big supporters of the 2023 bid of President Boakai. Further, it is common knowledge that Cllr. Edwin Kla Martin lost his position at the LACC under the CDC administration.
Having him to head an asset recovery process that might involve officials of the immediate past administration will be construed as a witch-hunt, even if there is a reasonable basis for the task force’s actions.
With LACC having primary responsibility for investigating and prosecuting corruption, CENTAL holds the view that giving the Tasks Force the power to investigate assets lost to corruption does not only create confusion but serves to undermine the LACC.
Maimen told reporters that President Boakai’s issued Executive Order No. 126 (EO# 126), establishing the Office of Assets Recovery, the office has been empowered with the legal mandate and state funding to investigate and retrieve wrongfully acquired government assets and seek the extradition of suspects involved if they were found to be out of the country.
Section 5.2 (f) of the LACC Act of 2022 provides that the Commission shall serve as the primary agency of the government of Liberia authorized to make and receive requests for the purpose of international mutual legal assistance in the combat against corruption.
Meanwhile, Count 7 of EO #126 mandates the Task Force to “employ diplomatic and Interpol means to extradite individuals identified as suspects that are outside the bailiwick of Liberia in order to bring them under the jurisdiction of the investigative team.” With LACC being the primary agency of government authorized to make and receive requests regarding international mutual legal assistance including for extradition, CENTAL believes that LACC is being further undermined or its function is being usurped.
Mr. Maimen said the Laws establishing key anti-graft institutions provide for their operational and financial independence.
“It is, therefore, surprising that a Task Force mandated to recover stolen assets resides in the Office of the President (i.e. Ministry of State).”
“We encourage the government to respect the mandates of existing anti-corruption institutions and remain engaged with them in making decisions bordering on their mandate areas, if the desired collaboration and results must be achieved, “he added.
CENTAL in its statement also believes that such move is reminiscent of the past where anti-graft functions were an extension of the Presidency and were used at the whims and caprices of the President. Also, CENTAL holds the view that anti-corruption efforts need not be politicized.
With anti-corruption efforts often regarded as ‘witch-hunts”, any related mechanism having a dependent or political character will soon crumble under the weight of machinations. It is for this reason that persons leading anti-corruption efforts at integrity institutions are required to be politically neutral.
CENTAL said in its opinion; the LACC is empowered by law to recover assets lost to corruption. Hence, as has been done with EO#126 requires provision of funds, and it believes that the LACC should be adequately supported to fulfill its mandate.
That the Asset Recovery Task Force be dissolved and funds directed to support the LACC, especially the Asset Recovery Unit at the LACC.
As President Boakai acted against his initial plan of commissioning international auditors and became confident in the General Auditing Commission’s (GAC) ability to deliver, we believe that similar wisdom can be applied to repose confidence in the LACC in fulfillment of its mandate.
If the Task Force must be maintained, it should/has to be led/headed by the Liberia Anti-Corruption Commission and not exclusive of the Commission, as it is currently. Also, members appointed to the task force must have track records of integrity and be perceived to be independent and or politically-neutral.
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