MONROVIA, Montserrado – The Liberian Senate has launched an investigation into road construction contracts worth US$21 million allegedly awarded recently by the Ministry of Public Works.
The investigation is being led by a joint Senate committee of the Committee on Judiciary, the Committee on Public Works, and the Committee on Public Accounts and Audit.
The Senate’s action was prompted by a communication signed by senators from Margibi, Grand Cape Mount, and Montserrado, Nathaniel McGill, Simeon Taylor, and Abraham Darius Dillon, respectively.
The senators say the Ministry of Public Works’ recent award of contracts valued at US$21 million violates the constitution and the Amended and Restated Public Procurement and Concession Act of 2005.
The senators’ letter stated, “While we fully support the much-needed rehabilitation and construction of roads across the country, it is imperative that these projects are executed in full compliance with the laws of Liberia.”
They cited article 34(d) III, which states, “No loan shall be raised or guaranteed without the authority of legislative enactment,” adding that the ministry’s action demonstrates a lack of adherence to the rule of law.
The senators said any government institution issuing contracts must ensure that funding is available before awarding such contracts in line with the Public Financial Management and the Public Procurement Acts, which emphasize international and national open competitive bidding processes for procuring goods, services, and works.
Table of contracts allegedly awarded by the Ministry of Public Works.
According to the senators, the contracts are being awarded without an approved budget, except for the US$2 million allotted for Policy Priorities (100-Day Deliverables) out of the approved US$41 million requested in February.
The senators noted that it raises questions about the funding source for the contracts as the 2024 National Budget is yet to be passed by the legislature.
“We hereby call on the honorable Liberian Senate to summon the ministers of Public Works, Finance, Justice, and the executive director of PPCC to provide explanations for the blatant violations of the constitution and the PPCC laws – appropriate actions must be taken to address this matter and ensure accountability,” they stated.
The three senators urged the Senate to prohibit the Public Works Ministry from proceeding with the contracts until the legislature passes an approved budget. Furthermore, they want any institution seeking to enter into a pre-financing agreement to seek legislative approval first.
“It is essential that we uphold the principles of good governance and transparency in all government actions for the benefit of the Liberian people as they deserve a government that acts in their best interests and upholds the rule of law,” they concluded.
According to a letter seen by The Bush Chicken, the Ministry of Public Works wrote the PPCC for ‘no objection’ to single source the rehabilitation and periodic maintenance of primary road corridors under the President’s 100-day deliverable project for Fiscal Year 2024.
In response, the PPCC wrote back on March 11, 2024, granting the ministry’s request of no objection to single source the project.
“The Public Procurement and Concessions Commission admonishes and deems that you remain in compliance with the PPCA 2010, as we jointly aspire to achieve transparency, accountability, fairness, equality, and ultimately public confidence in our procurement and concessions processes,” the PPCC letter said.
In a letter dated March 12, 2024, the Ministry of Finance informed the PPCC that US$22,389,595.13 is being allotted in the Draft National Budget for the 100-day deliverables to be executed by the Ministry of Public Works.
The ministry has already responded to the senators’ accusations in a press release that justified the need to bypass the usual procurement process because the president’s 100-day deliverables were time-bound and “there are Contractors with the requisite technical capacity that are being streamlined and were already mobilized in those corridors.”
The ministry denied that “illegal contracts” were awarded, adding that it never “asked any contractor(s) to secure loans as claimed by these senators. Any contractor securing [a] loan from a commercial bank on account of a contract being awarded is doing so on the company’s volition and does not represent the Ministry of Public Works.”
Featured photo by Office of the Senate Pro Tempore.
