Liberia-President Joseph Boakai's pledge to ensure the rule of law takes deep root continues to be tested since he assumed power in January in light of how he handles hardcore rulings that did not favor him, and he tacitly acted against.
In another landmark ruling against suspending Central Bank of Liberia Governor Aloysius Tarlue, the Supreme Court of Liberia through Justice -In-Chambers Yusif Kabba twisted the president arms, issuing a temporary prohibition on the suspension which raised constitutional concerns, with Tarlue resisting the President's actions that violated the Central Bank Act.
Justice Kabba last week held a conference between the government lawyers and Tarlue's legal team, and ultimately sided with Tarlue by granting a temporary prohibition, but whether Tarlue will return to work as per the temporary ruling remains a conjecture.
The matter has now been forwarded to the full bench of the Supreme Court for further consideration.
Tarlue's suspension is as a result of GAC compliance audit which revealed excessive expenditures, deficit financing, improper transactions, unauthorized payroll financing, potential money laundering, and a lack of competitive bidding in procurement processes.
Minister of Information Jerelinmek Piah who announced Tarlue's suspension said last week said it was intended to allow him address the whooping allegations.
Tarlue's legal team, Gongloe & Associates, Inc., contended that the suspension was unconstitutional, saying Tarlue's appointment in 2021 was for a fixed five-year term and could only be terminated through impeachment by the National Legislature, not by a presidential decree.
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In its petition of August 2, 2024, the legal team said the suspension violates the Central Bank Act and the 1986 Constitution, and it breaches due process and threatens the rule of law, highlighting that Tarlue's appointment letter explicitly states that he can only be removed through impeachment by the Legislature.
Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999) guarantees a five-year term for the Executive Governor, once confirmed by the Senate, while Tarlue's legal team also cited Article 20(a) of the 1986 Constitution that no person shall be deprived of rights without due process of law.
According to him, his suspension has the potential to spark a dangerous precedence, potentially enabling the Executive Branch to arbitrarily remove other officials with tenure protection, including members of the Supreme Court.
Cllr. Tiawan S. Gongloe and his team, including Counsellors Daoda M.T. Keita, Migbeh S. Gbartor-Dor, and G. Kandakai, are representing Tarlue in seeking immediate reinstatement with all rights and emoluments.
They called on the Supreme Court to preclude the Executive Branch from taking similar actions in the future, arguing that Tarlue's suspension was illegal and contrary to established legal norms.
The Supreme Court's full bench is expected to deliberate on the case, the second time the highest court will decide on whether the President's action aligns with the law.
Legal experts are of the belief that any decision out of the case will have significant implications for the balance of power between Liberia's Executive and Legislative branches.
