…Over Imposition of Fines On Public Officials
On the heel of the imposition of fines on several public officials for their “repeated” failure to appear before the Office of the Ombudsman, a Commissioner at Independent National Commission on Human Rights or INCHR, Atty. Mohammed El-dust Fahnbulleh, said the there no legal framework that supports this action instituted by the Office of Ombudsman.
Commissioner Fahnbulleh argues that Part (14) of the Code of Conduct titled: “Infringement” and Part (15) titled: “Sanctions” requires the imposition of fines only after a person is judged wrong.
While agreeing that there are other penalties mentioned including suspension; however, he pointed out that for the Ombudsman to have fined these officials US$1,000 USD for not attending a hearing is concerning.
He lamented that under the Executive law, when the President’s proclamation is violated, the fine is US$100.
“At the Supreme Court, or subordinate courts, I haven’t heard of a party being fine such amount. Where is such authority under the Code? Is there a regulation created by the Office of the Ombudsman?”
After all, Commissioner Fahnbulleh contended that all public officials fined by the Office of the Ombudsman are membersof the Executive branch – they were all appointed by the President as members of the Executive in keeping with Chapter 10 of the Executive Law of Liberia and articles 50 and 54 of the Constitution of Liberia.
He recalled that the members of the Executive Branch, who work at the will and pleasure of the President, have been demanded by President Joseph Nyuma Boakai to comply and adhere to the Code of Conduct, and as such, several of them, who declined to declare their assets, were suspended with their one month salary seized.
It can be recalled that the Office of the Ombudsman at the weekend imposed fines on notable public officials for failing to appear before it for hearing after allegedly violating Part V of the Code of Conduct for Public Officials.
Part V of the Code of Conduct for Public Officials, which is reportedly violated speaks to ‘POLITICAL PARTICIPATION.’ In part, Section 5.1 of the law states that: “All Officials appointed by the President of the Republic of Liberia shall not: a) engage in political activities, canvass or contest for elected offices; b) use Government facilities, equipment or resources in support of partisan or political activities; c) serve on a campaign team of any political party, or the campaign of any independent candidate.”
Predicated on the alleged violation of this law and their refusal to attend a hearing arranged by the Office of Ombudsman, the Minister of Labor, Cllr. Cooper Kruah, Liberia Petroleum Refining Company (LPRC) Managing Director, Mr. Amos B. Tweh, National Port Authority (NPA) Board Chair, Mr. J. Luther Tarpeh and 17 other government officials were fined US$1,000 each.
According to a statement released by the Office of the Ombudsman on the weekend, Labor Minister Kruah and the other officials, through the Henry’s Law Firm, requested numerous postponements to allow them to adequately prepare their client’s representation before the Office of the Ombudsman.
The Ombudsman Office recalled that on February 19, 2025, the lawyers representing these officials requested a one-week postponement to enable them to prepare their clients’ defense. In response to a subsequent summons, the lawyers again on February 24, requested another week to once more prepare their clients’ defense but failed to appear without notice.
Other officials also fined by the Ombudsman include: Atty. Cornelia Kruah-Togba, a daughter of Minister Kruah, who also serves as Deputy Minister for Administration at the Ministry of State for Presidential Affairs, Montserrado County Superintendent, Mr. Whroway Bryant, Assistant Fire Service Director, Mr. Emmanuel K. Farr, Ambassador Sheikh Al-Moustapha Kouyateh, Commissioner Ben A. Fofana of the Liberia Televommunication Authority (LTA) and Assistant Minister for Urban Affairs at the Ministry of Internal Affairs among others.
In the face of their fines, the Office of the Ombudsman has resummoned the officials to appear at its offices on Wednesday, April 9, 2025, at 10 am, thus admonishing all public officials to be ethical at all times in the discharge of their duties and how they deport themselves publicly, especially within the context of the Code of Conduct for Public Officials.
