Attorney Mohammed El-dust Fahnbulleh, a commissioner at the Independent National Commission on Human Rights (INCHR), has outrightly condemned the imposition of fines on several public officials for their “repeated” failure to appear before the Office of the Ombudsman.
Fahnbulleh therefore questioned the legal authority of the Office of The Ombudsman to impose fines on officials of the government.
He argues that there is no legal framework that supports this action instituted by the Office of the Ombudsman.
He said that Part 14 of the Code of Conduct titled: “Infringement” and Part 15 titled: “Sanctions” both require the imposition of fines only after a person is judged wrong.
While agreeing that there are other penalties mentioned, including suspension; however, he said that for the Ombudsman to fine these officials US$1,000 for not attending a hearing is concerning.
Atty. Fahnbulleh decried 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 fined such an amount. Where is such authority under the Code? Is there a regulation created by the Office of the Ombudsman?” he rhetorically questioned.
He contended that all public officials fined by the Office of the Ombudsman are members of the executive branch – they were all appointed by the President in keeping with Chapter 10 of the Executive Law of Liberia and articles 50 and 54 of the Constitution of Liberia.
Fahnulleh 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. 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 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: Attorney 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, Whroway Bryant, Assistant Fire Service Director, Emmanuel K. Farr, Ambassador Sheikh Al-Moustapha Kouyateh, Commissioner Ben A. Fofana of the Liberia Telecommunication 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 invited the officials to appear at its offices on Wednesday, today, April 9, 2025, at 10 a.m., thus admonishing all public officials to be ethical at all times in the discharge of their duties.