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UNMIL Reinforces 'Operation Sweeping Waves'

The Analyst (Monrovia)
NEWS
September 15, 2006
Posted to the web September 15, 2006

United Nations Resolution 1509 (2003) puts the security of Liberia in the hands
of its 15-000-strong peacekeeping military force. The force was to be assisted
by up to 1,115 civilian police officers under a formed unit referred to as UN
CIVPOL.
But when the tenacity test of that resolution came recently in the wake of the
upsurge in violent crimes in Monrovia and other parts of the country and it
became clear that UNMIL and UN CIVPOL will not be in the business of chasing
criminals around, many concluded that the nation is at risk.
This became especially so when a Justice Ministry statement conceded the
vulnerability of the nation's security forces and called for the involvement of
the communities in fighting crimes. It became clear also when subsequent media
reports quoted President Sirleaf as saying that a plot to overthrow her
government was uncovered. Now, UNMIL Force Commander Maj. Gen. Isaac Obiakor
said the conjectures are wrong. The Analyst Staff Writer reports.
UNMIL Force Commander, Maj. Gen. Isaac Obiakor, says Liberia faces no security
threat notwithstanding the rising wave of crimes facing community residents in
Monrovia and other parts of the country.
General Obiakor made the assertion, Wednesday this week, when he addressed
UNMIL's regular press briefing.
"I would say that Liberia is safe and calm. There is no threat from outside.
Even internally, there can not be anything classified as organized with the
exception of few demonstrations, which is normal and anticipated," the UNMIL
force commander said.
Even though violent crimes perpetrated by "Isakaba" have paralyzed community
and nightlife in the capital and other large cities across the country and
prompted conjectures that the nation may be at risk, he said, there was no need
to panic.
Gen. Obiakor discounted suspicions that "Operation Sweeping Wave" may be
vulnerable because it was run by the unarmed Liberia National Police (LNP).
"I want to assure you that apart from the Operation Sweeping Wave that is on
going, there are other operations that will run concurrently with it so that we
minimize the level of crime," said the general.
The UNMIL field boss did not say what the parallel security measures were, but
observers said they may relate to the strengthening of Liberia's border
security and the lending of fire support to increased police patrols across the
city.
The question analysts are asking in the wake of Gen.
Obiakor's overconfidence about the safety of Liberia is "Why then is the
government panicking? Is it that the General does believe that the current
criminal activities that have no parallel in Liberia's past constitute threat
to national security?" The answers to both questions may not be readily known,
but there are indications that many in and out of government do not seem to
believe that the nation is as safe and calm as General Obiakor wants the public
to believe.
For instance, nearly a fortnight ago the Government of Liberia through the
Ministry of Justice issued a statement in which it conceded the vulnerability
and incapability of national security forces to deal with new upsurge in the
community and called on residents to help the police to fend off the menace by
forming community watch and vigilante groups.
That call has since become unpopular after human rights groups accused the
government of constitutional breach and UNMIL implied in one of its statements
that it would be uncomfortable co-operating with quasi and informal community
law enforcement groups.
Police toed UNMIL's line, but apparent vulnerability forced it to prefer a more
formal form of the vigilante operations under which vigilante members would
operate only in their vicinity, carry no arms and other dangerous weapons such
as cutlasses, clubs, etc., and would not operate unless vetted and certificated
by police.
Meanwhile, the police issued a formal interdict against travel in, around, out,
and into the city past midnight without proper reasons and identification.
With the interdict coming at the heel of a government statement issued by the
Ministry of Information, which discounted a nighttime curfew and called on
residents "to go about their normal businesses", many say something dangerous
was afoot.
The contradiction amongst statements issued by the Ministries of Justice and
Information, Police, and now UNMIL, prompted suspicions that the government may
be in more trouble than it was prepared to admit.
Whether or not the apparent contradiction highlighted recent comments
attributed to President Sirleaf that efforts to subvert her administration were
being tracked for elimination is not clear, but observers say what is clear is
that security information coordination remains a serious problem for the state.
"And where security information management is in trouble," they said, "there
can be no question that the security itself is in some sort of coordination
trouble, an essential element in security management." This, they say, leaves
the question of the perspective from which General Obiakor addressed this
week's press briefing on security.
"If UNMIL is in charge of security and the police issued an interdict that it
neither signed nor approved or even referred to in its security briefing, then
two things are possible: UNMIL does not consider the violent crimes in the
community integral to the peace of Liberia and the police, though
disadvantaged, feels it is in total control of combating and preventing
crimes," said one observer.
Whether these views have substance or not, one thing that needs no conjecture,
according to analysts, is the situation in the country is becoming increasingly
worrisome and whatever assurance the police or UNMIL can muster must be
supported by judicial actions.
"Putting up dragnets that snatch innocent tramps and release them within 24
hours while the real guys hang out there calculating their next move is not
going to help the situation," said analysts.
UTE Loses Petition For Mandamus Writ -Supreme Court Rules Against It
The Supreme Court of Liberia has quashed the petition for the writ of mandamus
filed last year by the Universal Telephone Exchange (UTE) against the chairman
and members of the board of directors, the managing director and others of the
Liberia Telecommunication Corporation (LTC).
It may be recalled that on November 18, 2005, the UTE filed a seven-count
petition for the issuance of the "Alternative Writ of Mandamus" before then
Associate Justice, Cllr. Felecia N. Coleman, Justice Presiding in Chambers, to
have the report from the Bid and Evaluation Committee of the LTC Bidding
Process executed.
It also ordered the respondent to stay all further transactions with any and
all companies, and be made to execute all resolutions passed to that effect in
its favor.
UTE's action to file a petition for the issuance of writ of mandamus stemmed
from the failure of then NTGL Chairman Charles Gyude Bryant to honor the result
of the bidding process in favor of the company.
He took the decision after the Contrast and Monopolies indicated that UTE
lacked the financial capability to revitalize, rehabilitate and modernize the
LTC.
However, in keeping with law, the respondents on December 8, 2005 filed a nine-
count returns, contending in the count seven that mandamus will not lie.
But on December 16, 2005, according to the Supreme Court opinion document, the
UTE through its lawyers withdrew their petition, with the right to file "an
amended petition" with which they complied on December 22, 2005.
Now, on January 3, 2006, then Associate Justice Coleman, after entertaining
argument in the petition for writ of mandamus, granted the writ and "mandated
the respondents to execute, sign, and enter" into management contract for the
revitalization, rehabilitation and modernization of the LTC in keeping with the
terms of conditions as specified by the Board of Directors' Resolution.
But the respondents, which the LTC Board of Board, Managing Directors and
others took exception to the ruling and announced an appeal to the Full Bench.
Now, the Lewis Bench on August 18, 2006 delivered its Opinion, after hearing
the case on March 23, 2006.
"The one issue determinative of this appeal is whether mandamus will lie to
compel the respondents "to execute, sign, enter [into] the management contract
for the revitalization, rehabilitation and modernization of the Liberia
Telecommunication Corporation with the Universal Telephone Exchange, Inc. of in
keeping with the terms of conditions as specified by the Board of Directors
Resolution," the Bench noted.
According to the Supreme Court Opinion read by the Chief Justice as indicated
in the legal document, "Mandamus, under the Civil Procedure Law, 1 L.C.L.
Rev., tit. 2, 16.12 (1) 1973" is a special proceeding to obtain a writ
requiring the respondent to perform an official duty." The Supreme Court Bench
noted that in this case, assuming the petition has a cause of action against
the respondents as a result of the bidding process; the remedy clearly is not
mandamus, saying that the petitioners have not demonstrated to this Court what
the official duty is that the respondents are being called upon to perform.
"Mandamus is not an appropriate remedy to the redress of private contract
rights, and it follows as a corollary to that rule that the writ will not
generally be granted to compel a public officer, corporation, or other
respondent to perform a duty or obligation assumed by contract, as
distinguished from one imposed by law," the Bench said in its opinion of August
18.
The petitioners must be aware, the Supreme Court Bench said, that the duty or
obligation of the respondents is one assumed by contract, noting "For there is
presently pending undermined before the Circuit Court for the Sixth Judicial
Circuit, Montserrado County, an Action of Damages for Unfair Business
Competition filed by the petitioner on 30 January 2006 against the respondents
and others growing out of the same subject matter."
Stating what it referred to as general rule, the Bench said "Mandamus does not
supersede other legal remedies. In order for the court to be warranted in
issuing the writ, it must appear not only that the complaining party has a
clear legal right to the performance of the particular duty sought to be
enforced, but also that the he no other plain, adequate, and complete method of
addressing the wrong or of obtaining the relief to which he is entitled, so
that without the aid of the writ, that will be a failure of justice."
According to the practice in most jurisdictions, mandamus does not issue if any
other fully adequate remedy exists, and added "Hence in the absence of
statutory provision to the contrary, the writ t will not be granted if the
petitioner therefore has a legal remedy equally convenient, beneficial, and
effectual, of which he has failed to avail himself, or which he is pursuing"
The Supreme Court Bench in its August 18, 2006 opinion, indicated that the
Courts as a general rule refuse to grant a writ of mandamus where it appears
that there exists in favor of the petitioner a right of action for damages
which will not afford a complete and adequate remedy for the denial of the
right or the failure to perform the duty complained of.
It said that the right of the injured party to proceed, by an action of
damages, against a public officer for his refusal to perform a specific and
ministerial duty may defeat recourse to mandamus if it affords a complete and
adequate remedy.
"In view of the foregoing, the alternative writ of mandamus is hereby quashed
and the peremptory writ denied. Costs are ruled against the petitioner. It is
hereby so ordered," the Supreme Court Bench concluded its opinion.
Counselors Joseph H. Constance and T. Dempster Brown appeared for the
petitioners while Cllrs. Othello Paymen, Moses K. Yangbe and Samuel R. Clarke
appeared for the respondents.


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