After taking nearly one year to rule in the matter, the Full Bench of the Supreme Court has denied Gracious Ride, owned and operated by former Chief of Protocol Nora Finda Bundoo, a petition seeking to block the Asset Recovery and Property Retrieval Team from seizing its vehicles.
The Supreme Court’s ruling on Tuesday, February 18, 2025, sends out clear signals to the Asset Recovery and Property Retrieval Team to go ahead with its job after being dormant for nearly one year.
Reading the opinion on behalf of her colleagues, Associate Justice Jamesetta Howard-Wolokollie brought down a ruling in favor of Cllr. Edwin Kla Martin along with his Asset Recovery Team.
Associate Justice Howard-Wolokollie said after reviewing the records, heard arguments and contentions, advanced and considered the relevant laws applicable thereto, Madam Bundoo has no standing to assert the interest of third parties where it has not been given the authority to do so and cannot raise the claims of third parties who are not before the court of the Executive Order 126 for the Establishment of the Office of Asset Recovery.
The Associate Justice said the former Chief of Protocol lacks the legal standing to question the function of the Liberia Anti-Corruption Commission (LACC).
She denied Finda’s petition due to the lack of proper constitutional challenge. “WHEREFORE AND IN VIEW OF THE FOREGOING, the petition praying for an Order of this Court declaring Executive Order 126 unconstitutional is hereby denied and it is HEREBY SO ORDERED.”
Recently, the case was reargued due to a lack of quorum on the Beach, based on Madam Bundoo’s petition questioning the constitutionality of the Executive Order issued by President Joseph Boakai, which established the Asset Recovery and Property Retrieval Task Force.
On Thursday, July 4, 2024, the Supreme Court entertained arguments in the case of the Assets Recovery and Property Retrieval Team and Gracious Ride through their legal teams.
The High Court heard and reserved ruling in the arguments from both parties based on an appeal by Gracious Ride following a petition for a writ of prohibition.
Gracious Ride through her petition sought to stop the Task Force’s operation, which was denied by the Chambers Justice Yusuf D. Kaba.
Justice Kaba at the time order stated, “By directive of His Honor, Yusif D. Kaba, Associate Justice Presiding in Chambers, and considering the attached communication from the respondent, you are hereby informed that the Justice has declined to issue the writ prayed for by the petitioner, reserving the rights to the respondent to proceed in keeping with the law.”
However, following Madam Bundoo’s request being denied, Gracious Ride proceeded to the full bench of the Supreme Court questioning the legal status of the President to create an Asset Recovery Team.
In counter argument, Gracious Ride lawyers Cllrs. Michael Wilkins Wrights along with Abraham Zayzay declared President Boakai’s Executive Order #126 as unconstitutional and prayed the court to declared President Boakai Executive Order #126 as unconstitutional and the legal authority of the President in which their commercial vehicles were illegally seized by the Asset Recovery and Property Retrieval Task Force in March of last year illegal.
Bondoo’s lawyers said she has the standing because she was greatly affected by the actions of the Asset Recovery and Property Retrieval Task Force by seizing her vehicles in the street without any legal authority.
The former Associate Justice Wrights claimed that President Boakai violated Article 89 and 5(C) of the Liberian constitutions, as he also relied on Article 34(I) of the Liberian Constitution, stating that “By establishing the Executive Order #126, our rights were being violated by stopping our vehicles in the street by putting off passengers without court order.”
But Cllr. Edwin Kla Martin representing the Assets Recovery Team argued that Gracious Ride doesn’t have the standing or capacity to sue. He relies on the Chapter 11 sub-section 11(e) of the Civil Procedure Law of Liberia.
Cllr. Martin quoted Article 50 of the 1986 Constitution of Liberia which states that, “The Executive Power of the Republic shall be vested in the President who shall be Head of State, Head of Government and Commander-in-Chief of the Armed Forces of Liberia. The president shall be elected by universal adult suffrage of registered voters in the Republic and shall hold office for a term of six years commencing at noon on the third working Monday in January of the year immediately following the elections. No person shall serve as President for more than two terms.”
He then relied on Article 3 and 5(c) of the 1986 Constitution of Liberia to defend their actions. He therefore prayed for the high court to rule in their favor because an Executive Order right exclusively is vested in the president.
It can be recalled that in March of 2024, Gracious filed a petition for a writ of prohibition against the Executive Branch of Government to prohibit their actions from seizing their vehicles illegally.
By T.Q. Lula Jaurey
