Ibrahim Badamasi Babangida

Graduate School of International Studies

University of Liberia
Monrovia, Liberia

Topic: Can President Sirleafs

Task Force Serve As A Good Instrument
For Fighting Corruption?

To: Dr. Amos M.D. Sirleaf

(Professor)

From: George B. Bardue

ID#: 80850

Date: July 30, 2016

TABLE OF CONTENTS

Abstract
3

Introduction

.4
Factors responsible for corruption in
President Sirleafs Government
5&6

Why LACC is the best instrument to fight

corruption and not a Task Force. 7

Conclusion
8

Recommendations
9

References
10
 Abstract

In May 2016, President Ellen Johnson-Sirleaf set

up a Special Presidential Task Force to

investigate and prosecute some former and

current government officials implicated in a

Global Witness report on allegation of bribery to

change Liberias concession law. Although there

is a legitimate institution, the Liberia Anti-

Corruption Commission, to investigate corruption

and other financial malpractices in the public

sector, yet the special task force has been set up

to perform similar function. The task force

cannot serve as a good instrument in fighting

corruption because it lacks the legal authority to

do so. Moreover, the presidential task force is not

independent in its functions relative to its

establishment because the President might

dictate the direction of the task force.

 Introduction

In August 2008, Liberia, West Africas oldest

independent nation, established an anti-graft

body through the enactment of a law to begin an

unending fight against corruption. The instrument

is entitled An Act to Establish the Liberia Anti-

Corruption Commission (LACC). The anti-graft

body is mandated to investigate and prosecute

all cases of corruption in Liberia. The LACC

being the primary institutional framework of good

governance, it becomes compelling on the

President of the Republic of Liberia to ensure

that this body functions. However, President

Ellen Johnson-Sirleaf set up a Special

Presidential Task Force to investigate and

prosecute individuals accused of acts of

corruption and/or alleged bribery in a report by

Global Witness, a UK based international

watchdog. Acts of corruption, which the LACC is

mandated to investigate and prosecute suspects,

include bribery, embezzlement, extortion fraud,

influence peddling, insider trading, misuse of

entrusted public property and vested authority,

and economic and financial crimes; (LACC Act,

2008).

This research paper will look at the essence of

the task force and whether it serves as a good

instrument in the fight against corruption.

Additionally, this paper will also discuss the

factors responsible for corruption under the

leadership of President Ellen Johnson-Sirleaf and

the political will to deal with culprits as a way of

deterring corruption in the public sector and

beyond. An analysis on the role of the Liberia

Anti-Corruption Commission as far as the

investigation and prosecution of those accused in

the Global Witness report is concerned.

Explanations will be provided in this literature as

to why the LACC serves as the best working tool

in the fight against corruption and not a

presidential task force.

Factors responsible for corruption in

President Sirleafs Government

Since the incumbency of Madam Ellen Johnson-

Sirleaf on January 16, 2006 as president of the

Republic of Liberia, the issue of stamping out

corruption has been on the lips of Liberians. In

her inaugural speech to begin the first term in

office, President Sirleaf declared corruption as

public enemy number one. In the wake of this

pronouncement then, the fight against corruption

began. Several public officials including the

former Chairman of the Liberia

Telecommunications Authority (LTA) Albert

Bropleh corruption, former Information Minister

Laurence Bropleh, former Chairman of the

Transitional Government Gyude Bryant and

former Assistant Post and Telecommunications

Minister Therry Genesis, among others were

indicted and prosecuted for acts of corruption,

which included Misapplication of Entrusted

Property, Economic Sabotage, and Theft of

Property. But soon the corruption fight turned to

be selective. Selective justice is one of the

principal factors for corruption in government.

President Johnson-Sirleaf selectively presses for

the indictment and prosecution of some officials

of her government and let go others on grounds

of lack of evidence even if there are glaring

evidences to indict and prosecute.

Another glaring factor that is undermining the

fight against corruption is the failure by the

Liberian government implement audit reports by

the General Auditing Commission. Public officials

also ignore the Public Procurement Law most

times and go with impunity. Other factors

responsible include low wages for servants and

law enforcement officers. The lack of a system to

deal with corruption in the Johnson-Sirleaf

administration and the political will to ensure that

cases of corruption are prosecuted is

undermining the fight against corruption. It

becomes very difficult for President Sirleafs Task

Force to serve as the best instrument in the fight

against corruption because the President has not

shown demonstration and commitment that she

is ready to address the challenges facing the

society or to fulfill her pledge such as fighting or

increasing political participation by ensuring the

implementation of appropriate policy documents

and laws such the Liberia Anti-Corruption

Commission, General Auditing Commission and

Public Procurement and Concession Law.

Presidents Sirleaf Task Force does not have the

legal support to investigate and prosecute

matters of corruption and/or bribery; therefore it

cannot be seen as the best instrument for the

fight against graft. This Task Force works at the

will and pleasure of the president and as such,

the fight against corruption is another lip service

and political statement. The current bribery

allegation against some past and present

government officials being investigated by the

Special Presidential Task Force is misdirected

and that the task force duplicates the function of

a legal institution responsible to investigate and

prosecute cases of such nature. Moreover, the

Special Presidential Task Force lacks the legal

authority to prosecute any criminal case in the

Republic of Liberia; therefore, it cannot serve as

the best instrument in the fight against corruption

as it will be controlled by the appointing authority,

which is President Ellen Johnson-Sirleaf.

 Why LACC is the best instrument to fight
corruption and not a presidential task force
The Liberia Anti-Corruption Commission (LACC)

was established by an Act of the Legislature in

August 2008 considering widespread corruption

in both the public and private sectors of the

Liberian society. The LACC was established to

serve as institutional framework of good

governance because corruption was and is still

hampering sustainable socio-political tranquility,

economic development and the growth of Liberia.

By law, the LACC has the authority to cause the

freezing of assets of person or persons being

investigated or prosecuted for alleged act or acts

of corruption; provided the freezing of asset or

assets of any accused person or persons is, at all

times, authorized by a prior order or warrant

issued by a Court of competent jurisdiction

(LACC Act, section 4.1 e). The LACC remains the

best instrument as far as investigating cases of

corruption is concerned because it functions to

investigate all acts of corruption discovered or

reported to have occurred in the public, private,

and civil society sectors of Liberia with the aim of

identifying the person(s) and the extent of the

loss of or damage to any public and/or private

property as a result of the subject act of

corruption. Additionally, LACC is also under legal

obligation to investigate the conduct of any

person, irrespective of office or status, natural or

otherwise, if the conduct of the person(s)

constitutes corruption.

With these legal obligations assigned to the

LACC, the Presidential Task Force set up by

President Ellen Johnson-Sirleaf has no legal

authority to investigate acts of corruption

therefore it cannot serve as a good instrument for

fighting corruption in Liberia. The task Force is

more political in nature than legal and has no

credibility as compared to the LACC that has the

mantle to deal with corruption regardless of those

involved.

Conclusion

The Special Presidential Task Force has a

political mandate because it was set up by the

President of the Republic of Liberia to investigate

and prosecute suspected bribe takers as

indicated in the Global Witness report. This task

force lacks the legal authority to investigate and

prosecute criminal matters especially in the case

involving current and former government officials,

who were accused of taking bribes in the amount

of US$950,000 to allegedly tamper with Liberias

concession law in favor of a British mining

company, Sable Mining. The government has

failed to take effective action in the fight against

corruption through the relevant agency

responsible, the LACC. In the instant case

involving the high profile officials, this allegation

is international bribery because it includes a

foreign entity; therefore, a task force cannot be

seen as the best instrument in fighting corruption

in Liberia but rather the LACC, which is

authorized by law investigate and prosecute

cases of corruption.
 Recommendations

Although the Liberian government under the

leadership of President Ellen Johnson-Sirleaf has

made some efforts in the fight against corruption

by establishing anti-graft institutions including the

Liberia Anti-Corruption Commission, Public

Procurement and Concession Commission and

General Auditing Commission, there are much

more that need to be done to make these entities

effective. If the fight against corruption and other

financial malpractices must be sustained and

achievable, then the Liberian government must

consider the following:

1.That the LACC be allowed to operate

independently avoid of undue influence and

the necessary logistics be provided;

2.The government must have evidence before

charging or indicting criminal suspects to

avoid losing corruption cases in court;

3.That the government do away with

establishing special task force to investigate

and prosecute corruption cases; and

4.That the government must prosecute all

corruption cases based on probable case and

not persecute suspects politically;

 References

1.Liberia Anti- Corruption Commission (LACC)

Act, 2008;

2.Volume 27 No. 018 edition of the News

Newspaper, May 18, 2016;

3.Global Witness Report on Liberia, 2016;

4.Transparency International online page,

www.transparency.org/glossary