Former Deputy Director for Information Coordination at the Liberia Institute of Statistics and Geo-Information Services, Wilmot Smith, has sued the Boakai–Koung led administration for wrongful dismissal.
On June 19, 2024, at the Civil Law Court at the Temple of Justice in Monrovia, Smith through his lawyer filed a petition for Declaratory Judgment.
Mr. Smith said he was appointed by the Board of Directors of the institution and as such, the authority delegated by LISGIS 2008 Act says that only the Board of Commissioners can dismiss the Directors and the Deputy Directors of the entity.
Smith prayed the court to grant him Declaratory Judgment against the lawyers representing the Boakai-Koung Government.
He also prayed the court to undo the illegal action of the government and prevent them from proceeding or engaging in any act that interferes with his employment functions.
The former LISGIS Deputy wants the court order both parties to return to status quo ante.
According to Smith’s summary of the violations, the government lacks the authority for purportedly dismissing him from the position without proper legal basis, and his dismissal violates employment laws and regulations of Liberia.
Smith’s thirty-five-count petition indicated that the government of former President George Manneh Weah illegally dismissed him which action he stated constitutes a breach of contract, as there was no cause or legal basis for the termination.
Count 21 states that the then government acted ultra vires by dismissing him without proper authorization or legal basis adding that there was no due process granted him in the dismissal process something he argued, violates the fundamental principles of fairness and justice.
According to him, President Weah abused him of his position of authority by unlawfully dismissing him from the position, a dismissal which he said lacked proper administrative procedure and was carried out arbitrarily and capriciously denying him the right to administrative justice as guaranteed by law.
Mr. Smith claimed that the government’s actions undermine the rule of law by disregarding legal norms and procedures in dismissing him from the position and has caused economic harm to him including loss of income and benefits.
Smith said he had suffered emotional distress and mental anguish as a result of the government’s wrongful dismissal.
Smith is requesting Judge Golda Bonah Elliotte of the Civil Law Court for damages to deter future unlawful actions by the present government of President Joseph N. Boakai and Vice President Jeremiah Koung and others in positions of authority.
The former LISGIS official prayed the court for injunctive relief to prevent the present government from taking further unlawful actions against him and or other employees.
Quoting Mathies & Fima Capital Corp. Vs. Alpha International Investment Ltd. 40LLR561 (2001), Smith said the government preceded by the rule by ascribing an authority not within his ambit. Therefore, “Prohibition Will Lie To Undo What Has Been Illegally Done, And Where Anything Remains To Prohibition Will Not Only Prevent What Remains To Be Done, But Will Also Give Complete Relief By Undoing What Has Been Done.”
He added that while this is not a petition for {2001}LRSC 21 prohibition, the petition for declaratory judgment may serve as a ban because he seeks remedy to declare his rights, which he said the government is proceeding and continues to proceed by the wrong rules.
Smith added that it is his right to file a petition before a court of records to request the court to declare his rights under the statute adding that it is the right of the court to prohibit the Boakai-Koung government from proceeding wrongly.
It can be recalled that sometimes last year, Smith complained the Management of Spoon FM/TV of being engaged in defamatory and libelous campaign to harm and defame him.
Smith alleged that the news network was using its platform for more than three months where they branded him as a criminal and person who stole census money intended to pay enumerators.
“This allegation remains a severe stigma on the petitioner in Liberia and outside of Liberia; this allegation of the management of SPOON TV and Mr. Stanton Witherspoon is untrue and defamatory and has injured the petitioner unjustifiably,” he intimated.
