The Supreme Court of Liberia has issued a summons for the parties involved in the writ of prohibition filed by suspended Governor J. Aloysius Tarlue, judicial sources have hinted to the Daily Observer. The parties are required to appear before Justice in chambers, Yusuf Kaba on Tuesday, August 6, 2024, at 3:00 P.M.
This summons comes after suspended Governor Tarlue filed a writ of prohibition against President Boakai for wrongful suspension, in accordance with the law.
On July 30, 2024, President Joseph Boakai suspended CBL governor Tarlue, citing a GAC audit report that revealed significant compliance failures at the CBL from 2018-2023.
Tarlue is, however, contesting his suspension, contending that the President's decision was unlawful and unconstitutional. The immediate suspension, without pay, was purportedly founded on alleged breaches of multiple financial laws, which include 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. 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 Boakai said in the communication of suspension sent to the Taulue.
In response, Tarlue, represented by 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, contending that the removal of the Executive Governor of the CBL could only be done through impeachment by the National Legislature.
Tarlue and his team referenced Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which specifies the criteria for appointing Non-Executive Governors, Executive Governors, and Deputy Governors from individuals in good standing and of impeccable character in the fields of banking, finance, economics, law, or management.
The appointment is made by the President of Liberia, subject to confirmation by the Liberian Senate, for a term of five years.
However, reports emerged that prior to the suspension, Tarlue demanded $1.3 million from the government to voluntarily tender his resignation, but his request was rebuffed by the President and his negotiation team. The breakdown in negotiation eventually led to Tarlue, who was not willing to take anything lesser, suspension.
Arguing against the President's action, Tarlue, through his legal team, argued that the Amended and Restated Act governing the Central Bank of Liberia specifies that the Executive Governor can only be removed through impeachment by the National Legislature, with no provision for suspension by the President.
The team emphasized that the Act outlines specific conditions for the removal of the Executive Governor, such as gross misconduct or criminal conviction, to be addressed solely through legislative impeachment proceedings.
The petitioner highlighted relevant sections of the Act that define the grounds for automatic removal and the impeachment process, underscoring the necessity of a fair hearing and due process as guaranteed by the Constitution.
Additionally, Tarlue's legal team raised concerns about the General Auditing Commission's report submission process and the constitutional principle of the Separation of Powers, asserting that his suspension without a prior hearing before the legislature violates these principles.
Seeking the court's intervention, through the filed writ of prohibition, Tarlue aims to overturn the suspension, reinstate him with all benefits, and prevent any further actions from the Executive Branch.
"So the Supreme Court has invited both parties to appear before the Justice in Chambers so that they can look into the case," one of the judicial sources told the Daily Observer on Monday. "This is a country of law and whatsoever decision that people in authority make must be in the confines of the law."
While many believe that it is unlikely that the government legal team will avail itself for the conference tomorrow, reports from the petitioner's camp indicate that the team is all set to appear at the Supreme Court today.
"We are getting words that the government's team might not be prepared to honor the Supreme Court's summon tomorrow and they could ask for additional time, but we know that the government will eventually honor this call because it has proven to be a respecter of the high court...that we cannot take away from them," another judicial source told the Daily Observer.
New CBL Board Members Inducted
In a related development, the newly appointed members of the Board of Governors of the Central Bank of Liberia (CBL) were officially inducted into office during the weekend. The induction ceremony signaled their commitment to focusing on reinforcing financial stability and enhancing the effectiveness of monetary policy.
The inductees included Acting Executive Governor Mr. Henry F. Saamoi, who assumes the role of Chairman, alongside members George H. Gooding, Joseph F. Robertson, Jr., and Cllr. Ebenezer Z. Gibson.
The induction marked the beginning of the Board of Governors' duties as the key policy drivers for the Bank's strategic goals, operational frameworks, and regulatory environment.
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The new Board members expressed their determination to promote economic growth and financial inclusion in Liberia. Acting Executive Governor Henry F. Saamoi brings a wealth of experience to the Central Bank, having previously served as Chief Executive Officer of the International Bank.
He emphasized his commitment to transparency, innovation, and cooperation in guiding the Bank towards achieving its objectives. Governor Saamoi expressed his honor in leading the CBL during a critical period and outlined his focus on reinforcing financial stability, improving monetary policy effectiveness, and ensuring that the banking sector meets the needs of all Liberians.
Saamoi highlighted his dedication to upholding high standards of integrity, accountability, and transparency while implementing policies to drive economic development and financial inclusion in Liberia. He also stressed the importance of maintaining the financial system's integrity and establishing a robust regulatory framework to promote trust and resilience within the banking sector.
He emphasized the Board's commitment to supporting economic initiatives that enhance the prosperity of all Liberians, particularly through policies aimed at facilitating access to credit for small and medium enterprises.
