The Chairperson of the Independent National Commission on Human Rights (INCHR), Cllr. T. Dempster Brown knowledgeable the Supreme Court of Liberia three of the 5 commissioners of the fee acted illegally after they endorsed a declaration of vote of non-confidence within the Vice-chair of the board, Charles Okay. Harris.
It may be recalled that on July 8, 2022, Cllr. Wilson, Cllr. Allison and Atty. Fahnbulleh endorsed a declaration of vote of non-confidence in Cllr. Harris, a transfer that provoked present authorized tussles on the Commission.
But Cllr. Harris on December 12, 2022 filed earlier than Associate Justice Yussif D. Kaba to challenge an alternate writ of prohibition, inserting a keep order on his unlawful elimination as Vice-chairperson by the three commissioners.
Cllr. Brown, as chairperson of the Commission, was included within the go well with resulting from what the petitioner mentioned was his refusal to intervene and cease his colleagues from finishing up that arbitrary motion.
Responding to a response to a petition for the writ of prohibition filed earlier than Justice in Chambers on the excessive courtroom by Harris, Cllr. Brown mentioned his three colleagues, together with Cllr. Pela Boker Wilson, Pindrous W. T. Allison and Atty. Mohammed E. Fahnbulleh, have been performing out of the regulation and have refused to be checked regardless of quite a few warnings.
In a communication to Associate Justice Joseph Nagbe, who has since changed Justice Kaba as Justice in Chamber, Cllr Brown recounted how he continues to advise the commissioners to function and respect the Act that created the Commission.
“But the commissioners, who are co-respondents in the proceedings, refused to respect the rule of law and operate in accordance with the mandate of the Act that created the Commission,” he mentioned.
Furthermore, Cllr Brown famous that the members of the INCHR board are coverage makers of the Commission, whereas the chairperson is the executive head. As his reliance, Cllr. Brown used Article 10 (4) of the Act of legislature that created the Commission, which supplies that “the Chairperson shall preside over all meetings, he is the spokesman of the Commission and he shall assign responsibilities to members of the Board of Commissioners.”
But Brown claimed that members of the Board of Commissioners are usurping the capabilities of the chairperson by having secret conferences with out the information of the chairperson, a transfer which he mentioned violates that Act.
According to Brown, Vice-chair Harris was assigned the accountability to have oversight over the division of funds and administration, which accountability he carried on for the previous one 12 months with none downside.
“But three commissioners out of 5 accused the Petitioner of corruption, held a secret assembly with out my information and handed a decision, signed by the three for a vote of non-confidence for corruption in violation of the Act,’ alleged Cllr Brown.
Two of the 5 commissioners, Atty. Patmilla Doe Paivey and Cllr. Dr. Niveda C. Ricks Onuoba, who’re but to be confirmed, had been additionally half of the choice to dismiss Cllr. Harris from the Commission. Cllr. Onuoba was elected to switch Cllr. Harris.
The 4 commissioners claimed that whereas additionally serving as Commissioner for Finance, Administration and Budget, Cllr.Harris has negligently, and in some situations deliberately, misapplied the affairs of the Commission “thus leading to administrative malpractices and financial improprieties.”
They named the alleged twin payroll system whereby the area roster on the Ministry of Finance and Development Planning differs from that of the INCHR’s official workers/payroll itemizing, and that the continued remission from the ministry, the salaries for seven (7) commissioners, whereby the fee presently has solely 5 (5) commissioners, as some of the malpractices that led to the vote of no confidence in opposition to vice chair Harris.
Meanwhile, Justice Nagbe has ordered the reinstatement of Commissioner Harris as vice chairperson till the end result of the listening to and willpower of the petition for a writ of prohibition.
Harris in his petition claimed that his majority colleagues had been in error after they on October 25, 2022 held a purported assembly to elect a presidential nominee, who has not been confirmed by the Senate to switch him as vice chairperson in violation of the Article 9 part 5 of the INCHR Act.
The Act supplies that “the commissioners shall elect a vice chairperson for the commission from among themselves by a two-thirds majority vote.”
Consequently, Cllr Harris alleged that in August 2021, he was elected as a vice chairperson in step with the act. “The election was held after my confirmation by the Senate,” Harris’ petition argued.
According to him, a overview of the act doesn’t present that the Legislature contemplated the elimination of the vice chairperson as there isn’t any provision throughout the act that gives how the vice chairperson ought to be eliminated.
Accordingly, Harris mentioned, there have been a number of makes an attempt made by himself to resolve the matter brief of litigation, “but the respondents failed to reverse its so-called decision and continue to flout the law”
He additionally argued that his unlawful elimination violates Article 20(a) of the 1986 Constitution, which states: “No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this constitution and in accordance with due process of law.”
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