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Greaves Runs To Supreme Court
House Cited
Alva W. Wolokollie, Observer
June 3, 2009
 Liberia
Petroleum Refining Company (LPRC) Managing Director, Harry A.
Greaves, has filed a writ of prohibition at the Supreme Court of
Liberia against the leadership and members of the House of
Representatives through its Speaker Alex Tyler. In line with the
Writ of Prohibition, a copy of which is in the possession of the
Daily Observer, Francis S. Korkpor,
Associate Justice and presiding in Chambers, has cited the House of
Representatives to a conference at the 4th floor of the Temple of
Justice, tomorrow, Thursday, June 4, 2009, at about 2:00 p.m.
The Justice-in-Chambers has also
informed the parties to return to status quo ante pending the
outcome of the conference.
Mid last week, the LPRC MD was summoned before the Plenary of the
House to address himself to a statement he reportedly made on a
local radio station that the House did not have authority to approve
the contractual agreement between LPRC and Zakhem International.
In obedience to Plenary's citation, Mr. Greaves appeared before that
august body last week Thursday, May 28, 2009.
Though the LPRC boss contended that the body had no mandate to
approve said contract, he registered an apology to the lawmakers for
the statement attributed to him, claiming that said statement was
misinterpreted by the media.
He explained that he (Greaves) could not disrespect a decision from
Plenary.
After several hours of deliberation, Greaves was mandated by the
Lower House to place a halt to the contract that he had entered into
with Zakhem International and that copies of the communication
should be submitted to the House Chief Clerk on Monday, June 1,
2009.
Mr. Greaves did not bow to pressure. He, however, elected to file a
Writ of Prohibition to the Supreme Court of Liberia, seeking
prohibition against the lawmakers' mandate to the LPRC and to get a
clear understanding and interpretation of the law.
At the Legislature and upon his appearance, the LPRC MD stressed
that the contract did not need legislative approval because,
according to him, the Public Procurement Concession Commission (PPCC)
law had been adhered to.
Furthermore, he told the lawmakers that if it were a concession
agreement, then he would have gone to them (lawmakers) for approval
or ratification.
In his 21-count writ of prohibition, petitioner Greaves indicated
that chapter 1, Article 3 of the 1986 Constitution of Liberia
expressly provides that Liberia is a unitary sovereign state divided
into counties for administrative purposes. The form of government is
Republican with three separate coordinate branches: the Legislative,
the Executive and the Judiciary.
Consistent with the principles of separation of powers and checks
and balances, Mr. Greaves went on to say, no person holding office
in one of these branches shall hold office in, or exercise any of
the powers assigned to either of the other two branches except as
otherwise provided in the Constitution, and no person holding office
in one of the said branches shall serve on any autonomous public
entity.
The petitioner further explained that LPRC is a corporate entity,
duly constituted, organized and existing under the Association Laws
of the Republic of Liberia, adding that it has judicial and
artificial personality, with the rights to enter into contracts, and
to sue and be sued. He listed the hierarchical structure which
reflects the following chains of command: the President, the Board
of Directors and the Management.
Further to his counts, the MD indicated that the contract is neither
a concession agreement nor an investment incentive contract. As
such, he said, the contract is not subject to, nor does it require
ratification by the Legislature.
The MD told the Justice-in-Chambers that the mandate by the
respondents (the House) that a halt be placed on the contract is a
violation of the constitutional doctrine of separation of powers as
found in chapter 1, article 3 of the 1986 Constitution of Liberia.
When legislative reporters contacted the Speaker of the House, Alex
Tyler, he disclosed that Mr. Greaves was right under the law to sue
and that the House was not at war with LPRC.
Speaker Tyler further told reporters that the issue with the LPRC MD
was the essence of democracy. He has mandated the Chief Clerk of the
House to forward the writ of prohibition to the House Committee on
Judiciary headed by Rep. Amah Sarnor of Gbapolu County.
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