The Liberia National Bar Association (LNBA) has expressed concern over the US$17 million budgetary allocation for the judiciary, describing it as a disservice to the rule of law.
LNBA's President, Cllr Sylvester Rennie, indicated that the rule of law, as captured under President Joseph Nyuma Boakai's ARREST Agenda, should have been a priority of the new administration. However, the allotment given to the judiciary in the 2024 national budget speaks contrary to that fact.
"To allocate such a very low amount for the Branch of Government which has compelling priorities while ordinary agencies under the Executive are allocated more money in their budgets is a disservice to the rule of law sector, which undermines access to justice," Rennie said at a press conference in Monrovia on Monday, June 10.
In times past, justices have begrudged internal leadership on the deplorable conditions under which courts were forced to function, particularly lack of proper funding, which makes them easy prey for persons willing to offer bribes for favorable verdicts.
Rennie however explained that Liberia had a constitutional system of government, with separation of powers and checks and balances, "cannot function as intended if the judicial branch is not sufficiently resourced," Rennie said. "We ask that the Legislature acknowledge the nature and importance of the work of the courts and the impact this work has on society and our democracy by providing the Third Branch with the necessary resources to carry out its activities."
The Judiciary, through the Supreme Court, recently rejected appropriation made in the 2024 National Budget for its operations, terming the allocation as unfair and unjust. The High Court indicated that the meager amount is an attempt by the Executive and Legislative Branches of the government to further reduce it (judiciary) to an unacceptable condition.
The Director of Public Information for the Judiciary, Cllr. Darryl Ambrose Nmah, Sr., said in a statement that in the spirit of coordination and cooperation, meetings were held with the leadership of the Legislature and the Presidency before the passage of the 2024 fiscal budget, which the Judiciary brought to the attention of the other two branches.
According to the releases, during the meeting, the Judiciary informed its co-equal that the constant violation of the Financial Autonomy Act of the Judiciary Law, which consistently relegated an entire branch of government to a mere department under the Executive Branch, was not only undermining the Rule of Law in Liberia but also debasing a co-equal branch of government.
"The Judiciary Branch of the Liberian Government, through the Supreme Court of Liberia, has rejected appropriation made for this branch of government in the 2024 fiscal budget of the country. The judiciary views the appropriation/allocation of US$17 million and a one-off 'contingency' amount of US$3 million, constituting 2.8% of the National Budget, as an imposition by both the Legislative and the Executive Branches of government on a co-equal Branch of the same government, which it's not prepared to accept," the release says.
However, the LNBA has added its voice to the disenchanted judiciary, with its president, Rennie, emphasizing the vital role of the judiciary in upholding the rule of law and highlighting the need for sufficient resources to support its operations. The LNBA boss pointed out at Monday's press conference that the judiciary's limited budget allocation could hinder access to justice and impede the functioning of the courts throughout the country.
Rennie underscored the importance of adequately funding the judiciary to maintain essential services, such as the Public Defenders Program, which provides legal representation to indigent clients.
"The judiciary needs funding to maintain existing services, like the Public Defenders Program, [in] which lawyers are hired under its budget to cater mainly to indigent clients around the country," he said. "These lawyers have not had incentives for the past years to strengthen and capacities themselves in the work they do and in the attempt to incentivize them.it is just proper that the budget is increased."
Also, despite the judiciary being responsible for the salaries of all public defenders and the capital and recurrent expenditures of all the country's courts and institutions, its budget cannot be a meager US$17 million.
He called for an increase in the budget to enhance the capacities of public defenders and address infrastructural challenges that have plagued the judiciary, including inadequate court facilities and low salaries for judges.
The LNBA raised concerns about the disparities in budget allocations among the three branches of government, noting the substantial difference in funding levels. Rennie emphasized the need for a more balanced and realistic budgetary appropriation to ensure the judiciary can effectively fulfill its constitutional mandate and provide essential judicial services to the Liberian population.
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"The acute shortage of infrastructure resulted in most judges assigned to the far-to-reach counties still renting from people, some of whom are party litigants. And, they are sitting in dilapidated courthouses across the country, including Monrovia, which is evidence of years-long underfunding," he noted. "For years, judges continue to be the least paid of the two other branches of the government. While the legislators continue to enjoy fabulous allowances that are much higher than what most of their counterparts worldwide receive, it is another testimony of how poor the funding the judiciary gets."
Rennie believes that to have a more functional judiciary, there must be realistic budgetary appropriation made to the Judiciary, to enable it to render the kind of judicial services expected of it. "The Bar wonders why there is a huge gap between the amounts allocated to the three branches of government, which are equal under the law," Rennie noted.
Meanwhile, the LNBA's advocacy for increased funding for the judiciary reflects a broader call for strengthening the rule of law and promoting access to justice in Liberia. The organization's concerns highlight the importance of adequate resources to support the judiciary's critical role in upholding legal principles and safeguarding the rights of all citizens.
