Chamber Justice halts EPA’s operation

The Supreme Court of Liberia has suspended all activities of the Environmental Protection Agency, pending a hearing into a Writ of Prohibition filed by former EPA executive director Professor Wilson K. Tarpeh, who is demanding 43 months’ salary for uncompleted tenure   

By Lincoln G. Peters 

Monrovia, Liberia, March 18, 2024—Chamber Justice Yussif Kaba has halted all Environmental Protection Agency (EPA) functions pending a final decision on a prohibition filed by former executive director Professor Wilson K. Tarpeh. 

Acting Executive Director Dr. Emmanuel Urey-Yarkpawolo

Recently, Chamber Justice Kaba held a conference with Prof. Tarpeh and Acting Executive Director Dr. Emmanuel Urey-Yarkpawolo concerning Tarpeh’s writ of prohibition. 

The halt in the EPA’s functioning is based on a Writ of Prohibition against the Government of Liberia and Dr. Emmanuel K. Urey Yarkpawolo, the Acting Executive Director of the EPA, filed by Tarpeh. 

The prohibition has halted all EPA functions pending a return to the Honorable Supreme Court, presided over by His Honor, Associate Justice Yussif Kaba.

In his petition, a copy of which is in the possession of the NEW DAWN, Prof. Wilson Tarpeh argued that he has 43 months remaining in office and should, therefore, be paid for this period before his exit or before turning over to the new administration.

According to him, his argument is based on a commissioning certificate dated October 2, 2020, as his appointment letter date.

In quoting Part III, Section 16 of the EPA Act in count 4 of his petition, Prof. Tarpeh writes, “That the Act creating the EPA states in clear and unequivocal terms under section 16:   1) There shall be an Executive Director who is a person with wide environmental knowledge and recognized commitment to sustainable management of the environment,  appointed by the President from a list of three names recommended by the Council, except that the President may appoint an interim Executive Director pending the  formation of the Council; 2) The Executive Director shall serve for a period of 7 years and shall be eligible for reappointment, except that there shall be appointed an interim Executive Director”

However, legal experts say such a speedy appointment, Senate confirmation, and commissioning has never happened before in Liberian history.

They also wonder how it was possible for him to go through Senate confirmation if the Act creating the EPA does not call for Senate confirmation of the Executive Director of the EPA but through recruitment by the Policy Council. 

This paper has gathered that Prof. Tarpeh was never appointed from a list of 3 persons submitted by the Policy Council as mandated by the law creating the EPA.

The Weah administration did not constitute the National Environmental Policy Council, which is responsible for recruiting the Executive Director. 

Prof. Tarpeh admitted during his taking-over ceremony at the EPA that he has a financial background but not an environmental background, as mandated by the EPA law. This may have prevented him from encouraging the formation of the Policy Council, knowing fully that he was not qualified and was unlikely to pass the Policy Council’s scrutinizing check on environmental Backgrounds.

Section 9 of Executive Order 123 by President Weah clearly states that “Non-tenured Presidential appointees shall be presumed to have resigned as of the date of inauguration. Accordingly, the most senior civil servant at all ministries, agencies commissions, and state-owned enterprises shall act as Office-in-Charge pending the appointment of their successors.”

This was why, on January 23rd, 2024, the day after the inauguration, Mr. Benjamin Karmoh, supported by EPA workers, attempted to prevent Prof. Tarpeh from serving as Executive Director. 

The EPA workers also wrote to President Boakai (a copy of which is in this paper), asking him to appoint a new Acting Executive Director pending the formation of the Policy Council.  

If Prof. Tarpeh did not meet the criteria to be appointed Executive Director with the 7-year tenure mandated by law, why is he claiming tenure and demanding 43 months’ pay?

On February 15, 2024, President Joseph Nyumah Boakai appointed Dr. Emmanuel K. Urey Yarkpawolo as Acting Director of the EPA in fulfillment of Section 16 of the EPA Act since the Policy Council has not been formed yet. 

 On February 19, 2024, Professor Tarpeh formally turned over the EPA with turnover notes to Dr. Urey Yarkpawo. Editing by Jonathan Browne