The Supreme Court has reserved ruling in the writ of prohibition case filed for suspended Governor of the Central Bank of Liberia, J. Aloysius Tarlue, top judicial sources told the Daily Observer Tuesday evening.
The decision of the high court, announced by Justice in-chambers Yusuf Kaba on Tuesday, August 6, followed a conference regarding the writ of prohibition filed by Tarlue against President Joseph Nyuma Boakai and his government.
One of the sources, who was privy to the proceedings disclosed that Justice Kaba reached the decision after legal teams representing both sides presented their arguments, with Defense Lawyers led by Cllr. Taiwan Gongloe contended that President Boakai's suspension of Governor Tarlue was unconstitutional and in violation of financial laws.
The Prosecution team argued that the President acted within his duties to safeguard national security.
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, as he filed a writ of prohibition against President Boakai for wrongful suspension--an action he says is in accordance with the law.
The suspended CBL Governor is 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.
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"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 Tarlue.
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.
Meanwhile, the judicial source told the Daily Observer that the discussions at the conference called by Justice Kaba focused on issues of constitutional law and separation of powers.
However, the ongoing case has prompted heightened speculation regarding potential outcomes. It is expected that the Supreme Court's decision will be closely scrutinized, particularly given the broad implications for governance integrity and legal processes in Liberia.
