MONROVIA — The Supreme Court of Liberia has ruled that the removal of Dr. Dougbeh Christopher Nyan as Director General of the National Public Health Institute of Liberia (NPHIL) was unconstitutional, ordering that he be reinstated or paid full compensation for the remainder of his tenure.
The decision was handed down by Chambers Justice Jamesetta Howard Wolokolie.
Writ of Prohibition Affirmed
In her ruling, Justice Wolokolie affirmed the alternative writ of prohibition and granted the peremptory writ prayed for by Dr. Nyan.
The Court ordered that the petitioner either be restored to his position or receive all salaries, benefits, and emoluments he would have earned during his five-year statutory term.
The Court underscored that public officials appointed under fixed-term contracts are protected by the constitutional principle of the sanctity of contract. Any removal before the expiration of such tenure, the Court held, must be supported by proven cause and carried out in strict compliance with due process.
Dr. Nyan was appointed on August 1, 2024, by President Joseph Nyuma Boakai pursuant to Section 4.1 of the NPHIL Act of 2016. Under Section 4.4 of the Act, the Director General is granted a five-year tenure and may only be removed for specific statutory grounds, including corruption, incapacity, gross inefficiency, or conduct inimical to the public interest — and only after due process has been exhausted.
On September 12, 2025, the NPHIL Board of Directors adopted a resolution recommending Dr. Nyan’s removal, alleging gross inefficiency and acts undermining good governance.
A central issue before the Court was whether the Board’s recommendation and subsequent dismissal were informed by a lawful investigation.
Although government lawyers argued that an administrative process had been conducted, the Court found no evidence to support that claim. Specifically, the ruling noted that:The Board’s resolution did not reference any investigation.
No investigation report was presented before the Chambers Justice.
The term “investigation” was absent from the resolution that formed the basis of the dismissal.
Justice Wolokolie questioned whether the statutory grounds cited by the Board were supported by investigative findings consistent with law.
The Court also examined a February 3, 2025 Inquiry Committee report that had earlier resulted in Dr. Nyan’s one-month suspension without pay. After serving that suspension, he was reinstated.
The Court ruled that relying on the same report as grounds for his later dismissal amounted to punishing him twice for the same alleged misconduct a violation of the principle of double jeopardy.
Once disciplinary action had been imposed and completed, the matter was considered resolved, the Court stated.
Due Process Not Observed
Additionally, the Court found that Dr. Nyan was not afforded a meaningful opportunity to respond to new allegations prior to his removal. Records showed that on the same day he was dismissed, he submitted a written response to President Boakai addressing the Board’s resolution.
However, the Court determined that no fresh investigation or procedural safeguards were undertaken before the termination decision was made.
Concluding that the Executive Branch acted outside the bounds of its authority and failed to observe due process under the NPHIL Act, the Supreme Court ruled in favor of Dr. Nyan.
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