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LTA’S NUMTEL DECISION TRIGGERS CONSTITUTIONAL CONCERNS, CHALLENGES LEGISLATURE AUTHORITY

In what is rapidly shaping up to be a defining governance controversy, actions by the Liberia Telecommunications Authority (LTA) to reportedly engage Numtel Liberia JV Numbase LLC have ignited serious legal and constitutional concerns—particularly as a valid and binding concession remains in place with Telecom International Alliance (TIA).

What makes the situation even more troubling is that this development is unfolding in direct contradiction to the clear position of both Houses of the National Legislature, which have recommended renegotiation—not de-ratification—of the TIA concession.

Legislature Speaks, LTA Acts Otherwise

The National Legislature, exercising its constitutional oversight authority, reportedly advised that any issues surrounding the TIA concession be addressed through renegotiation within the framework of the existing agreement. This approach is not only pragmatic but legally sound.

By contrast, the LTA’s reported move to proceed with an alternative arrangement involving Numtel suggests a flagrant disregard for legislative authority and mandate.

This raises a critical governance question:

Can a regulatory body unilaterally act in a manner that effectively undermines a position taken by the Legislature on a ratified concession?

Article 25: The Constitution Is Clear

At the heart of this matter lies Article 25 of the Liberian Constitution, which provides:

“The Republic shall not, except for national security reasons, enact any law or take any executive action that impairs the obligation of contracts…”

This provision is not symbolic—it is foundational.

It guarantees that:

  • Lawfully executed agreements cannot be arbitrarily altered
  • Government actions must respect existing contractual obligations
  • Investors are protected from unpredictable state interference

Any attempt to sidestep or replace the TIA concession without lawful termination or renegotiation could amount to:

  • Impairment of contract
  • Constitutional violation
  • Exposure to international arbitration
The Chairperson’s Role Under Scrutiny

The reported push toward Numtel is widely attributed to the leadership of the LTA, particularly its Chairperson, Clarence Massaquoi.

While regulatory leadership is expected to drive sector reform, such actions must remain firmly grounded in:

  • Constitutional compliance
  • Respect for legislative direction
  • Transparency in public decision-making

The perception that a major sector shift is being advanced outside these guardrails is deeply concerning.

Who Is Numtel—and Who Is Behind It?

Equally troubling is the opacity surrounding Numtel Liberia JV Numbase LLC.

To date, there is:

  • No clear disclosure of ownership
  • No known technical track record
  • No transparent procurement or selection process

Even more puzzling is the identity of the Liberian partner. The agreement is reportedly signed on behalf of the JV by James Sackie—a figure about whom little to no public information exists.

This raises legitimate and unavoidable questions:

  • Who are the beneficial owners behind this JV?
  • What due diligence was conducted?
  • How was such an entity entrusted with a role of national importance?
A Dangerous Precedent

If allowed to proceed unchecked, this situation risks setting a dangerous precedent:

  • That ratified concessions can be bypassed
  • That legislative guidance can be ignored
  • That transparency can be secondary in national contracts

For a country seeking to attract serious investment, this is a signal Liberia can ill afford to send.

The Moment of Accountability

The LTA must provide clear and immediate answers:

1. On what legal basis is Numtel being engaged while TIA’s concession remains valid?

2. Why is the Legislature’s recommendation for renegotiation being disregarded?

3. Who owns Numtel Liberia JV Numbase LLC?

4. What due diligence was conducted on its signatories and partners?

Until these questions are answered, the matter will remain not just a telecommunications issue—but a constitutional and governance test.

Liberia’s credibility as a nation governed by law depends on how this issue is resolved.

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