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Liberians’ hope for transitional justice came alive on May 2, 2024, when President Joseph Boakai signed Executive Order 131, establishing the office of a war and economic crimes court in Liberia.
His move came after the Fifty-fifth Legislature jointly passed a resolution for the setting up of the court, using Article 34 (e) (b) (j) (i), and Chapter 2, Article 5 ( c) of the 1986 Constitution of Liberia. The president implored the Executive Branch of Government to use its powers to issue an Executive Order setting out a mechanism to study and recommend machinery and processes relative to establishing special war crimes and anti-corruption courts for Liberia.
The courts aim to prosecute persons and organisations identified as responsible for war crimes, crimes against humanity, and acts of corruption committed between 1979 and the present.
The office is to be headed by an Executive Director who shall be an astute lawyer of impeccable character, knowledgeable in the Liberian constitutional and criminal law, and capable of working with the international community to formulate the mechanisms, procedures, and processes for the courts.
A month after the order, President Boakai appointed Cllr Jonathan Massaquoi as the Executive Director of the Office of War and Economic Crimes Courts. But Cllr. Massaquoi’s appointment has been marred by claims and counterclaims by advocates, some of whom have called for his removal. The critics argue that his appointment will sow a seed of discord and contribute to dis-unity, which is completely against the essence for which the office was set up.
They further alleged that the new Executive Director served as a lawyer for people who committed war and economic crimes in Liberia, and having him spearhead the office puts him in a conflict of interest situation. Barely two months after taking office, President Boakai relieved Cllr. Massaquoi of his post, reconstituting the office’s leadership for establishing war and economic crimes courts in Liberia.
The Liberian leader said his decision to reset the entire office “stems from his desire to ensure that the process leading to the establishment of War and Economic Crimes Courts in Liberia is subjected to open and broad-based public scrutiny.”
He named the Ministry of Justice as Chair, the National Civil Society Council of Liberia, the Economic Community of West African States (ECOWAS), and the United Nations Office in Liberia, among others, as institutions to search, vet, recruit, and recommend to him candidates who will work in the office.
The President’s decision has been warmly welcomed. In her reaction, former TRC Commissioner Massa Washington described it as fantastic news and said it was the right decision. Former Commissioner Washington said, Cllr. Massaquoi could be a good lawyer but has “zero clue to transitional justice.”
She added that, though President Boakai made a mistake by appointing Cllr. Massaquoi, he should be credited with fulfilling his promise to establish the War and Economic Crimes Courts.
For her part, the orator of Liberia’s 177th independence celebration lauded the President for his action. According to Dr Robtel Pailey, this is a hard-won victory for Liberia, and she hopes that the person who is eventually selected to lead the office will serve with competence and integrity.
