By Socrates Smythe Saywon
MONROVIA – Senator Cllr. Augustine S. Chea of Sinoe County has criticized the House of Representatives’ recent “stay order” on the Liberia Traffic Management Incorporated (LTMI), calling it unconstitutional and a clear overreach of legislative authority. In a detailed legal opinion released Friday, August 1, 2025, the senator warned that such action risks undermining Liberia’s legal framework and investor confidence.
On Thursday, July 31, 2025, the House issued a resolution halting the operations of LTMI, a company with a ratified concession agreement to manage certain traffic-related functions in Liberia. In response, Senator Chea emphasized that the Legislature has no constitutional or statutory authority to issue a stay order, an action legally reserved for courts or quasi-judicial bodies like regulatory commissions when granted such power under their enabling laws.
“A stay order is a legal mechanism used to pause or suspend activities in order to preserve the status quo while investigations or reviews are ongoing,” Chea noted. “This authority does not lie with the Legislature. The Senate and House can ratify or reject concessions, investigate their performance, and recommend actions to the Executive, but they cannot unilaterally suspend or cancel them.”
Senator Chea urged his legislative colleagues to respect Article 25 of the Constitution, which guarantees the sanctity of contracts. He pointed out that while public concern over LTMI’s concession is legitimate, any action to suspend or cancel the agreement must follow proper legal channels. According to him, the House can only recommend suspension or renegotiation through a resolution, either alone or jointly with the Senate, which would then be forwarded to the Executive for legal execution.
“We are a country of laws,” he emphasized. “The Legislature must act within legal bounds, or we risk damaging our country’s reputation as a destination for serious investment.”
Following Senator Chea’s remarks, Atty. Kla-Edward Toomey II, a Commissioner at the Liberia Electricity Corporation (LEC), echoed similar sentiments, albeit from an economic and social angle. Toomey acknowledged Chea’s legal arguments but noted the economic impracticality of enforcing the LTMI agreement, which had remained dormant for over six years.
“To maximize profit is the core of private investment. But the government’s duty is to its people, to deliver services at the lowest cost,” Toomey stated. “Let’s negotiate with the concessionaire to avoid costly legal liabilities, rather than enforce a contract that clearly undermines our national interest.”
Toomey concluded by asking whether Senator Chea had supported the agreement when it was initially passed, suggesting that past legislative actions also need scrutiny as Liberia seeks to navigate the current impasse.
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