Sinoe County Senator and Chairman of the Senate Judiciary Committee, Augustine S. Chea, has termed the recent stay order placed on the Liberia Traffic Management Incorporated (LTMI) as ‘illegal and un-legislative.’ Sinoe County Senator Chea in a Facebook post said the Senate and the House of Representatives or a Committee thereof has neither the constitutional nor statutory authority to place a “stay order” on a business or any activity.
He said stay orders are issued by the courts and quasi-judicial bodies, such as administrative tribunals, regulatory authorities, and others when their enabling statutes grant them that power. “No such power is assigned to the Legislature by the Constitution or our statutory laws. A stay order is issued by a court or a quasi-judicial body to temporarily halt or pause an activity, be it a court proceeding, enforcement of a judgment, operation of a business, or any other activity. The purpose for this is to maintain the status quo (simply meaning, to keep the thing the way it is) and to prevent harm while a matter is being reviewed or investigated or until final decision is made,” he said.
According to him, the Legislature’s power in relation to concessions, such as the LTMI’s concession, is to ratify or reject them and the legislature can also investigate concession performance and summon the concessionaire and/or the sector ministry, agency, or commission.
Senator Chea explained that the legislature can also issue subpoenas for appearance and documents, and if there are violations, or if it appears that the concession is a fraud, to recommend reforms, suspension, renegotiation, or termination to the Executive. “The Legislature has no power to issue a “stay order” or suspend a concession that has been lawfully ratified and is in force, or pass a law to amend or cancel a concession. The Legislature is under constitutional duty to respect the sanctity of contracts (Article 25 of the Constitution). A concession is a contract or an agreement between the Government of Liberia and the concessionaire,” the Sinoe County Senator said.
Considering the public outcry over the potential negative impact of the LTMI’s concession, the senator said the Plenary of the House of Representatives can act on the recommendations contained in the report of its Joint Committee that investigated the LTMI’s concession and the Joint Committee itself does not have the legal authority to do so. “ To recommend the suspension, renegotiation, or termination of the LTMI’s concession to the Executive, and reinforce that by passing a resolution (non-binding or advisory resolution) by itself or a joint resolution (binding resolution) together with the Senate requesting Executive action. The Executive will then take all the legal steps to act on the recommendations,” he noted. He indicated that Liberia is a country of law and the Legislature must at all times act within the bounds of law and due process, ensuring that no actions taken against any investor are arbitrary or unlawful, as such conduct could undermine investor confidence and damage the country’s reputation as an investment-friendly nation.
