Embattled Executive Governor of the Central Bank of Liberia, Mr. J. Aloysius Tarlue, has filed a writ of prohibition before the Supreme Court, challenging his indefinite suspension by President Joseph N. Boakai as illegal and unconstitutional.
President Boakai suspended the embattled CBL Executive Governor from his position as Executive Governor of the CBL on July 30, 2024, based on the Auditor General's report on the compliance audit done by the General Auditing Commission (GAC) of the CBL for fiscal periods 2018-2023.
But in his writ of prohibition before the Superior Court, Mr. Tarlue said President Boakai's action against him is in flagrant violation and complete disregard for the law establishing the Central Bank.
Mr. Tarlue argued that his suspension is not supported by the law controlling the removal of the CBL's Executive Governor. Hence, it is arbitrary, inconsistent with governance by the rule of law, and constitutes a willful violation of the Amended and Restated Act establishing the CBL (1999) without any legal jurisdiction.
Section 14.4 of the Amended and Restated CBL Act states: "The Executive Governor, non-Executive Governor or Deputy Governor shall be removed by the Senate from office only upon a Bill of Impeachment (emphasis supplied) submitted by the House of Representative based on the following grounds (a) Gross breach of duty, (b) misconduct in office (c) conviction of a felony (d) declared bankrupt (e) disqualified or suspended from practicing his profession in Liberia by order of a competent authority made in respect of him personally (e) 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."
Tarlue also asserts that his suspension violates Article 20 (a) of the 1986 Constitution. Article 20 (a) states: "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 in accordance with due process of law. "
The embattled CBL executive governor argued that his suspension without pay was tantamount to removal and was done without a hearing.
In his petition before the Supreme Court, he further argued that the GAC should, by law, submit all "Final Audits" to the Legislature, which has oversight over the General Auditing Commission.
Accordingly, Tarlue contends that President Boakai's suspension of him without giving him the opportunity to be heard by the appropriate committee of the Legislature constitutes a violation of the doctrine of separation of power under the Constitution of Liberia, as the removal of the Executive Governor of the CBL by law is exclusively the function of the Legislature and not the Executive Branch of Government.
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Tarlue also contended that President Boakai also violated Section 14.1 of the Amended and Restated Act establishing the CBL when he appointed an acting Executive Governor who is an immediate General Manager of a Competing Commercial Bank.
Section 14.1 of the Amended and Restated Act establishing the CBL states: "No person shall serve or remain an Executive Governor, non-Governor or Deputy Governor of the Central Bank of Liberia who is (a) an official or salary employee of a government or other public entity except a teacher or professor in a university (b) an official of a political party or a (c) an official or employee of a financial institution or beneficiary owner of an equity interest in a financial institution.
"The petitioner asserts that prohibition will lie to undo what has been illegally done by the respondent from proceeding further to commit illegal acts against the petitioner.
Petitioner says if the respondent is not prohibited from such acts, such arbitrary action may be a precedent for the removal of other protected officials, including members of the Supreme Court through suspension..." Writes Othello B. Garblah
