Passing The Blame: Founai Brothers Bill Veto

IT CAN BE RECALLED that on December 20, 2023, the President of Liberia H.E. George M. Weah vetoed the Founai Brothers Bill sent to his office by the Liberian Senate. The bill sought to rectify the government’s proposed agreement with the company. The bill entitled “An Act to Ratify the Investment Incentive Agreement between the Government of the Republic of Liberia and Foauni Brothers Corporation,” was first vetoed by President Weah last August 2020 because a page containing important information was omitted.

THE BILL WAS FIRST SUBMITTED to the House of Representatives in 2020 by the Executive Branch. It called for the development, construction, and operation of a refinery by Foauni Brothers, which is expected to process approximately 13,000 metric tons of Crude Palm Oil (CPO) per month for the production of edible vegetable oil and the derivatives from such oil palm.

SINCE THE PRESIDENT’S VETO, there has been a plethora of blame shifting coming from the Legislature, refusing to take responsibility for the grounds on which the President vetoed the bill. In a three-page letter to the Liberian Senate, the President identified structural and technical oversights in the legal instrument. He also acknowledged the need for the bill to tarry for the incoming administration of the President elect Joseph Boakai and the 55th National Legislature that will be assuming national leadership by the end of January 2024, having won the just ended presidential and legislative elections.

TWO CONGRUENT REBUTTALS emanating from members of the Legislature, were trumpeted in two separate press conferences today by Montserrado County Senator Dillion and Rivergee County Senator Sogbie. Both Senators argued that the Senate is not clothed with the responsibility, under its rules, to alter any bill presented to it for ratification, and that since the bill originated from the Executive Branch, it was not their place to make corrections of the errors and oversight as identified by the President. Thus, they provided stiff resistance to the President’s veto, shifting the blame on the President for ineptitude and lack of leadership.

IT APPEARS THE SENATORS are frantically trying to save face and savage their reputation amid the President’s harsh rejection of the bill, suggesting that they [Senators] failed to do due diligence resulting to gross negligence, errors, and oversight on such an important investment legal instrument. So, in their opinion, the senators are shifting the blame on the President since the bill originated from the Executive Branch. In that bases, they cannot be held liable for signing off on the errors and major oversights as listed by the President for which he vetoed the bill. This thinking on the part of the lawmakers are grossly flawed and contradicts the very reason why they were elected to office in the first branch of government.

THE NATIONAL LEGISLATURE has three cardinal responsibilities: representation, law making, and providing oversight. Under these powers, the Legislature can reject or return ill prepared bills or bills that are not prepared in accordance to its standards, deny passage, or negotiate revisions as needed. Also, regardless whether or not a bill or any other legal instrument originates within the National Legislature or not, doesn’t negate the lawmakers’ responsibilities to ensure the quality of its work. This includes, but is not limited to, negotiations or returning bills and other legal instruments back for adjustment until such bill or legal instrument meets it’s higher standards. Both Senators Dillion of Montserrado and Sogbie of Rivergee should know this. The blame is not with the President, the Senate had the power to ensure the problems, if any, were fixed prior passage for signing by the President, and they must take responsibility for their own in ineptitude and dereliction of duty.

PAY TO PLAY OR BROWN ENVELOPE lobbying in the Legislature has been a common theme in the business of the Legislature for over a century. Most times big businesses with legal instruments at the Legislature pay bribes to buy the support and votes of representatives and senators to serve their business interests. The last minute push to have submitted the Founai Brothers investment bill to the President for signing into law at a critical time when majority of the membership of the current 54th Legislature are not returning to the capitol, amplifies skepticism that the degree of structural and technological errors and oversight were due to the need to meet up with their obligations to the investors with their exit in sight. It is understandable, that anything goes during a period of desperation.

MUCH IS TO BE DESIRED with respect to the integrity of the National Legislature, and lawmakers seek to rebuild public confidence. However, running from instead of owning up to one’s responsibility doesn’t help the trust issues. Liberian lawmakers are grossly entrenched in unethical practices that undermine legislative functions, and that is what needs fixing. Such corrupt practices are negatively impacting the economy, social, and political processes undermining national development. As a result, the just ended October 2023 national elections saw a massive voting-out of lawmakers in the Senate and House of Representatives. It is hoped that the voters actions during the just ended national elections will instill fear in lawmakers to proceed with caution and do the right thing, not necessarily hide behind lies and blame shifting, as the 55th National Legislature takes office at the end of this January, 2024.