Monrovia- The legal landscape of Liberia is set to witness a high-profile case as J. Aloysius Tarlue, Jr., suspended Executive Governor of the Central Bank of Liberia (CBL), petitions the Supreme Court against his suspension. The case, presented before the Supreme Court of Liberia on Friday, August 2, raises critical questions about executive power and the legality of Tarlue’s removal.
Willie N. Tokpah, [email protected]
On July 30, President Joseph N. Boakai suspended Tarlue, citing an Auditor General’s report that uncovered significant compliance failures at the CBL during the fiscal years 2018-2023.
The suspension, effective immediately and without pay, was purportedly based on alleged violations of several financial laws, including the CBL Act of 1999, the Revenue Code of Liberia Act of 2011, and the Public Financial Management Act of 2009.
“Dear Hon. Tarlue: I write to inform you that you are hereby suspended from office as Executive Governor of the Central Bank of Liberia, without compensation, with immediate effect, pending the results of an investigation that I have ordered into your stewardship of the Central Bank of Liberia,” President Boakai in Tarlue’s suspension letter.
“The decision to suspend you is based on the Auditor General’s Report from the Compliance Audit of the Central Bank for the fiscal years 2018-2023,” President Joseph Nyuma Boakai said in a communication to the embattled Central Bank Governor.”
In response, Tarlue, through his legal counsel from Gongloe & Associates, Inc., filed a petition for a writ of prohibition.
The petitioner argued that the President’s action was illegal and unconstitutional, asserting that the removal of the Executive Governor of the CBL could only occur through impeachment by the National Legislature.
The Petitioner stated that Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which was published into handbill on September 21, 2020, clearly states that the appointment of the Non-Executive Governors, Executive Governor, and Deputy Governors shall be from among persons who are in good standing and of unimpeachable character, from the business and academic community, with experience and expertise in the business of banking, finance, economics, law, or management, by the President of the Republic of Liberia, subject to confirmation by the Liberian Senate, for a term of five years.
As to count three above, the Petitioner provides that the appointment procedure must be finalized within sixty days preceding the expiration of the term of the relevant Non-Executive Governor, with the condition that a Non-Executive Governor by defluxion of time shall be eligible for reappointment, provided that he or she shall not serve for more than two consecutive five-year terms.
The Suspended Governor Tarlue in his petition asserts, that the Amended and Restated Act Establishing the Central Bank of Liberia (1999) provides for the removal of the Executive Governor only by impeachment by the National Legislature and contains no provision for the suspension of the Executive Governor by the President of the Republic of Liberia.
Tarlue’s legal team emphasized that the Amended and Restated Act Establishing the Central Bank of Liberia (1999) stipulates that the Executive Governor can only be removed under specific conditions, such as gross misconduct or criminal conviction, and solely through legislative impeachment proceedings.
The petition further argued that the President’s unilateral suspension circumvents his constitutional process and sets a dangerous precedent for executive overreach.
The Petitioner notes that Section 14.2 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999) states that the Executive Governor, Non-Executive, or Deputy Governor shall automatically be removed from office upon the occurrence of any of the grounds under subsection 14.1 of the Act.
The Petitioner further stated that subsection 14.4 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999) provides that the Executive Governor, Non-Executive Governor, or Deputy Governors shall be removed by the Senate from office ONLY UPON A BILL OF IMPEACHMENT, submitted by the House of Representatives based on any of the following grounds to include, gross breach of duty, misconduct in office, the conviction of a felony, declared bankrupt, disqualified or suspended from practicing his profession in Liberia by order of a competent authority made in respect of him personally, and adjudged or otherwise declared to be a person of unsound mind or incapable of properly performing the functions of the office owing to ill-health.
The Petitioner references subsection 14.5 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which states that a removed party is entitled to due process by the 1986 Constitution of the Republic of Liberia and other relevant laws of the Republic of Liberia.
The Petitioner maintained that in flagrant transgression and complete apathy for the law establishing the Central Bank of Liberia, he was on July 30, suspended from his position as the Executive Governor of the Central Bank of Liberia by President Joseph N. Boakai based on a General Auditing Commission Report on the compliance audit on the Central Bank of Liberia for the fiscal periods 2018-2023.
The Petitioner contended that his suspension is not supported by the law and termed it as arbitrary, inconsistent with governance by the rule of law, and an act that constitutes a willful infraction of the Amended and Restated Act Establishing the Central Bank of Liberia (1999) without any legal justification.
The Petitioner asserts that his suspension violates Article 20(a) of the 1986 Constitution, which states that no person shall be deprived of life, liberty, security of the person, property, privilege, or any other right, except as the outcome of a hearing judgment, consistent with the provisions laid down in this Constitution and by due process of law. His suspension without pay is tantamount to removal and was done without a hearing.
The Petitioner further disagreed with the decision against him, noting that subsection 4.2(b) of the 2014 Act of the GAC, captioned “Final Audit,” says that the General Auditing Commission shall submit audit reports individually or in groups to the legislature, with copies to the President of Liberia, periodically, throughout the year, as it deems appropriate.
The Petitioner asserts that section 4.2(g) of the GAC Act of 2014 provides that in fulfilling its oversight responsibility, the Legislature, upon receipt of the audit report, shall discuss and debate matters of public interest contained in the audit report with the appropriate public official in the presence of the Auditor General or his/her representatives.
The Petitioner contended that his suspension by the respondent, without being allowed to be heard by the appropriate Committee of the Legislature, constitutes a violation of the “Doctrine of Separation of Powers” under the Constitution of Liberia, as the removal of the Executive Governor was, by the law creating the Central Bank, exclusively made a function of the National Legislature.
The Petitioner then stated that he saw a writ of Prohibition as the only remedy available to him under the circumstances to undo what had been illegally done by the Executive Branch of Government against him.
Therefore, a legal challenge will undo what has been illegally done by the Executive Branch and prevent proceeding further to commit other illegal acts against the Petitioner.
Hence, the petitioner is seeking the high court’s intervention to nullify the suspension, reinstate him with full benefits, and prevent further actions against him by the Executive Branch.
The case underscores the ongoing tensions between Liberia’s executive and judicial branches and could have significant implications for governance and the rule of law in the country.
Tarlue’s appointment on July 15, for a five-year term was confirmed by the Liberian Senate, making his suspension by the President a violation of the law and due process.
A communication from the Senate, confirming his appointment said, “Dear Hon. Turtue, I am pleased to advise that based upon notification from the Honorable Liberian Senate of your confirmation, you are hereby appointed Executive Governor, Central Bank of Liberia, Republic of Liberia, effective Thursday, July 15, 2021. Please accept my congratulations and my expression of trust in your ability to make a meaningful contribution in your area of responsibility as we strive to move our country forward in a process aimed at enhancing peace, reconciliation, and development,” former President George Manneh Weah said in Tarlue’s appointment letter.”
The Supreme Court’s decision on this matter is expected to be closely watched, as it could define the boundaries of executive authority and set a precedent for the treatment of tenure-protected officials in Liberia’s government.
