CENTAL Wants President Boakai to Recall New Appointments at PPCC Over Procedural Breach

- Says all appointees, except one, were handpicked and did not participate in the competitive recruitment process.

Monrovia, Tuesday, September 3, 2024- Distinguish ladies and gentlemen of the press, thank you for gracing this press conference with your presence; we are forever grateful.

Over the years, CENTAL has been a staunch advocate of integrity, transparency, and accountability in Liberia. We have supported efforts geared towards strengthening public integrity institutions and enhancing the fight against corruption, which include: robust and timely actions on audit findings and recommendations of the General Auditing Commission, increasing budgetary support to integrity institutions, enactment of relevant anti-corruption laws, and competitive recruitment to public integrity institutions. We remain committed to supporting the government in attaining positive anti-corruption outcomes.

Ladies and gentlemen of the press, our attention has been drawn to the recent appointments made by His Excellency President Joseph Nyumah Boakai affecting the Public Procurement and Concessions Commission (PPCC). On August 29, 2024, President Boakai appointed five individuals to the Complaints, Appeal, and Review Panel (CARP) of the Public Procurement and Concession Commission (PPCC). The appointment is provided for in the Amended and Restated Public Procurement and Concessions Commission Act of 2010. Those appointed include Cllr. Sundaway E. Nelson Amagashie, Cllr. Vincent Smith, Cllr. Morris Davis, Mr. Ezekiel F. Nyumah, and Mr. Michael C.G George.

Following a thorough review of those appointed and considering the findings of an independent panel established, in line with the PPCC Act of 2010, CENTAL has observed a significant procedural and legal breach by the president over the appointment of the officials in question. This is because, Part II, Section 10, Sub-section 3 of the Amended and Restated PPCC Act of 2010 provides that appointments to said positions shall be derived from a competitive process held under the auspices of the PPCC, with a list of ten (10) candidates submitted to the President for the five positions—three (3) for lawyers and two (2) for non-lawyers.

The Act further states that, in the event where the President finds only few candidates worthy of appointment, the Public Procurement and Concessions Commission is then required to submit an additional list of vetted candidates for consideration by the President. Thus, the law gives the President significant latitude in appointment. However, it provides for a process that ensures persons appointed to the integrity body are properly vetted and have the required competence and character.

Ladies and gentlemen of the press, CENTAL notes that consistent with its duties under the Public Procurement and Concessions Act (PPCA), in March 2024, the PPCC informed the Minister of State for Presidential Affairs, that vacancy existed at Complaint, Appeal and Review Panel (CARP) due to expiration of the tenure of CARP members and that the recruitment process would commence. The request for Expression of Interest was published for a period of one month on the PPCC website, the Executive Mansion website, and two widely read newspapers: Frontpage Africa and Daily Observer. It is worth noting that Eighty-four (84) applications were received for the five (5) positions.

For further transparency in the recruitment process, PPCC invited four institutions to participate in the evaluation process. Three (3) agreed to participate: the Civil Service Agency (CSA), the Liberian National Bar Association (LNBA), and the Center for Transparency and Accountability of Liberia (CENTAL). Representatives of these institutions were then joined by representatives of PPCC to constitute the evaluation committee.

As a member of the vetting committee, we report that thirty-seven (37) applicants were qualified to take the aptitude test, from which twenty-two (22) persons, including three (3) lawyers and nineteen (19) non-lawyers qualified for interview. The panel then recommended the top ten (10) candidates from which the President could make the appointments, consistent with law. The scores of all candidates qualified for the interview stage were also submitted to the President for transparency purposes.

Ladies and gentlemen of the Press, CENTAL is shocked over the President’s decision to disregard the competitive recruitment procedure, as outlined by law. This is because, unlike Mr. Ezekiel Nyumah, one of 10 candidates recommended for appointment by the vetting panel, Cllr. Vincent Smith, Cllr. Morris Davis, and Mr. Michael C. G. George did not participate in the recruitment process at all. Also, although Cllr. Sundayway E. Nelson Amegashie participated in the testing phase of the evaluation, she did not participate in the interview stage as she was unavailable. As such, she was not recommended by the committee for appointment.

The decision of the president to appoint individuals outside of the established competitive and transparent procedure, as contained in the Public Procurement and Concession Act flagrantly violates the Act. Additionally, it undermines transparency and accountability and an utter disregard of the work performed by the committee members, including LNBA, CSA, CENTAL and PPCC. More so, this amounts to ‘business as usual’ and serves to frustrate and discourage not only successful candidates but the Eighty-four (84) applicants who exerted valuable time to participate in the recruitment process. What is even more concerning is the fact that the vacancy announcement was published on the official Executive Mansion website, signaling a clear intent to comply with transparency and due diligence requirements.

Recommendations:

In view of this worrisome development, which borders on commitment to the rule of law and established transparency and accountability mechanism and frameworks, CENTAL calls on President Boakai to Recall the appointment of individuals never independently vetted and recommended for appointment by the Panel, in line with relevant provisions of the amended PPCC Act of 2010. We believe this action will somehow demonstrate a commitment to the rule of law and the fight against corruption, in deeds and not words. The President must respect the independence and sanctity of public integrity institutions and refrain from actions that have the proclivity to undermine public confidence in their leadership and work, the Complaints, Appeal, and Review Panel of the Public Procurement and Concessions Commission in this instant case.

Finally, it is important that the decisions of the President and other public officials support and strengthen integrity-building, transparency, and accountability efforts in Liberia and not otherwise. Commitment to the rule of law and anti-corruption efforts must be matched by the required actions, if Liberians and development partners must be confident that the president Boakai is truly committed to and respecting anti-corruption and other laws governing key sectors, institutions, activities, and processes.

Thank you.

Signed: Management