Monrovia – Several employees of the Liberia Immigration Service (LIS), among the 245 recently pensioned by the LIS and Civil Service Agency (CSA), have filed a petition for a Writ of Prohibition at the Supreme Court to challenge the action of the two government entities.
The employees who took legal action include Humphrey J. Scott, Christian Gbarwee, Joe Mehn, Nimely A. Wisne, Comfort Gopea, Prince Varney, and Ezekiel Jacobs, among others.
On Monday, August 5, 2024, the aggrieved employees, through their lawyers, requested the court issue an alternative Writ of Prohibition to be served to the Liberia Immigration Service, represented by Commissioner Stephen A. Zargo, and the Civil Service Agency, represented by Director General Josiah Jokai.
The petitioners informed the Supreme Court Justice in Chambers that they are lawful employees of the Liberia Immigration Service, employed at different times. They explained that on July 22, 2024, the LIS placed an announcement on its bulletin board stating:
“The BELOW LISTED LIS EMPLOYEES HAVE BEEN IDENTIFIED BY THE CIVIL SERVICE CSA TO BE PENSIONED AND THEY ARE ASKED TO REPORT TO THE HQ ON MONDAY, JULY 22, 2024, AT 10:00 AM IN THE CONFERENCE ROOM. IF YOU HAVE ANY QUERY, KINDLY MEET THE HR SECTION. SIGNED: ADMINISTRATION.”
The petitioners argued that their names were included on a list of 245 employees designated for retirement based on the CSA’s identification or recommendation. They claimed that most of them had not yet reached the mandatory retirement age of 65 for LIS employees.
They stated that the identification and recommendation made by the CSA to retire them violated Section 11.1 of the LIS Regulation and Administrative Instructions, which provides that an Immigration Officer shall proceed on compulsory retirement after attaining the age of 65, in accordance with Section 12 of the National Security Reform and Intelligence Act (2011) and the LIS (Rights and Conditions of Service) Regulations 2016.
The petitioners contended that the notice placed on the LIS bulletin board and the instruction for compulsory retirement violated Section 11.2 of the LIS Regulation and Administrative Instructions. This section mandates the Human Resources Division to prepare a roster of all Immigration Officers reaching the compulsory retiring age and circulate it throughout Liberia by July each year. They argued that the notice instructed them not to report to work after July 31, 2024.
Furthermore, the petitioners asserted that the notice of their compulsory retirement was a clear violation of Section 11.3 of the LIS Regulation and Administrative Instructions. This section requires the Human Resource Division, in consultation with the CSA and the Ministry of Finance and Development Planning, to serve an Immigration Officer with a Pension Notice six months prior to reaching the age of 65. They stated that none of the petitioners received such notice.
They argued that the LIS retirement policy is not covered by any section of the CSA Standing Orders, as evidenced by the respondents’ failure to cite any provision of the Civil Service Standing Orders in their July 22, 2024 notice.
The petitioners stated that prohibition is warranted where an action taken by a respondent that affects the petitioner’s rights is not in accordance with any law in Liberia. They noted that the actions of the respondents violated Sections 11.1, 11.2, and 11.3 of the LIS Regulation and Administrative Instructions.
The petitioners maintained that prohibition is appropriate in this case because the respondents proceeded by the wrong rule and contrary to the rule of law. They asserted that prohibition would undo the illegal action of stopping them from reporting to work as of July 31, 2024.
They emphasized that their petition is filed in good faith, seeking legal redress for the violation of their right to work based on the illegal conduct of the respondents, and is not intended to delay the respondents in performing their statutory duties.
