Liberia-All seems not to be going according to Senator Nathaniel McGill’s quest to legally twist ongoing efforts by the Liberia Anti-Corruption Commission (LACC) into his alleged role as Minister of States for Presidential Affairs with payroll padding of over 700 supplementary employees.
LACC, in keeping with background investigation into supplementary payroll at the Ministry of State for Presidential Affairs, invited former Minister of State and Chief of Office Staff to former President Weah on August 21, 2024 to answer to allegations of payroll paddling and acts of corruption resulting from salary payment affecting the supplementary payroll containing 728 names at the Ministry.
The LACC said the supplementary payroll was created outside of the framework of the Civil Service Agency, and that the process was marred by irregularities amounting to payroll paddling, administrative malpractice, and act of corruption among others.
The former Minister of State who was considered as de facto prime minister was accompanied to the LACC by Cllr. Cyrenius Cephus, a long partner of his, in keeping with LACC’s advice that he should go along with his counsel.
But few days after honoring the invitation, the Margibi Senator filed a petition for an alternative writ of prohibition before the Supreme Court, praying the highest court to, among other things, inhibit, restrain and prohibit the LACC from proceeding with their investigations against him, citing rights to immunity from prosecution since he acted on orders of his boss who, by law as former head of state, is immured from prosecutions for actions performed while in office.
However, there are reports of rift between Senator McGill and his the lead lawyer and former Solicitor-General Cllr. Cephus, over alleged ignoring of the later’s advice.
Online news outlet, Independent Probe, reported that the duo have parted ways after the Senator ignored Cllr. Cephus’ advice to abandon his quest to pursue the writ of prohibition against the state at the Supreme Court of Liberia.
Cllr. Cephus, who like Sen. McGill are under US sanctions for alleged bribery and corruption, is said to have advised Senator McGill: “As per your solemn acceptance of the latter of two suggestions proffered, namely the petition for the common law writ of prohibition alleging your immunity to criminal investigation on account of your former position as Minister of State for Presidential Affairs and ” Principal Assistant” to the President by statute and the unconditional withdrawal and discontinuance of the subject petition to give the LACC a free hand to investigate the creation of a Supplementary Payroll which you confirmed and affirmed existed but denied was criminally abused”.
Cllr. Cephus who is former Solicitor-General reportedly encouraged Sen. McGill to submit to the ongoing LACC investigation as a way of proving his innocence rather than issuing an injunction.
He is quoted as asserting: “I have arrived at the conclusion that the surest way to prove your innocence is to submit to the process and face your accusers. The reason is that there are five sides to every issue, namely (1) the truth,(2). Facts, (3) rumor mill (4) hearsay, and (5) they say.”
He further indicated: “As it stands, the truth and the facts of your invitation by the LACC have been obfuscated by rumors, hearsays and they says so much that nobody seems to appreciate the sanctity of the petition which is generally seen as an attempt to baffle the case. In fact sacred role as a professional international criminal defense Counsel is being tried on the altar of lies as if defending you amounts to collusion.”
He told his client and former boss that he is not ruffled by the gullibility of the public which he suspects is either driven by sheer politics, ignorance or both. The learned legal mind also informed Sen. McGill his submission and cooperation will not only support his innocence and ultimately elevate his stature as someone who respects the rule of law. But it will also demonstrate that he has nothing to hide.
Cllr. Cephus is quoted as saying that “In light of that I will proceed, as we have discussed and agreed to discontinue the lawsuit so that all those who, like yourself, were once Ministers of State can submit to the investigation too.”
In his final submission, he told the former Minister of State “Let’s firmness and courage be our credo; let us make war on corruption a Patriotic War for all Liberians. That said, I am taking a back seat in your Defense Team for now and my decision is irrevocable and I’ve no regret. Good night and stay blessed.”
Minutes after leaving the LACC, Cllr. Cephus told reporters that his client was innocent and would subsequently walk free from the process, adding that the process was only intended to protect the presidency.
He bragged that inviting Margibi Senator cannot slow him down on his vocal call to look into the 2024 national budget fingerings, adding that they are not deterred.
In his petition, McGill argues that the Office of the President has never been the subject of any criminal investigation or inquest because the President democratically surrendered power through the ballot box.
According to him, his actions and duties then were on the instructions or directives of the President in line with Articles 18 and 25 of the 1986 Constitution, are not reviewable by any judicial or quasi-judicial inquest or any form of criminal investigation because they are protected under the scope of executive privilege, except when impeached consistent with due process.
“All and every official act by the Minister of State is covered by immunity, including but not limited to signing pay payrolls and checks for employees and contracts within and without the executive branch, and such actions being the works of the Office of the President are protected under executive privilege, and the Minister of State for Presidential Affairs is statutorily and constitutionally prohibited from divulging certain information in any investigation proceedings, especially regarding national security, diplomatic negotiations, or internal executive deliberations and administration. Your Honor is most respectfully requested to take judicial notice of the role of the Minister of State,” the petition stated.
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