Monrovia — Prominent Liberian lawyer and former Solicitor General, Cllr. Tiawan Saye Gongloe has raised constitutional concerns over the Liberian Senate's decision to cite the Minister of Justice, warning that the action risks creating the impression that the Legislature is placing itself above the law.
In a strongly worded commentary titled "Is the Senate Above the Law?", Gongloe argued that Liberia's Constitution clearly establishes that no branch of government -- including the Legislature -- is superior to the law.
"The Constitution of the Republic of Liberia places no branch of government and no official above the law," Gongloe wrote. "Not even the President of the Republic is above the law."
Audit Dispute Sparks Constitutional Debate
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The controversy stems from efforts by the General Auditing Commission (GAC) to obtain documents required for a full audit of the Senate. According to Gongloe, the Ministry of Justice sought judicial intervention by applying for subpoenas to compel the production of the documents.
Although the application was later withdrawn, the Senate proceeded to cite the Justice Minister, a move Gongloe says raises serious constitutional questions.
He argued that once the matter was taken to court, the dispute properly belonged before the Judiciary.
"If disputes arise regarding document production or audit compliance, the proper forum for resolution is the Judiciary," Gongloe stated, noting that the withdrawal of the application effectively made the issue moot.
He warned that the Senate's decision to cite the Minister after the case had been withdrawn could be viewed as institutional retaliation rather than legitimate legislative oversight.
Transparency Obligations
Gongloe emphasized that the GAC has a statutory mandate to audit public institutions, including the Legislature, stressing that public funds are not the property of any institution but are resources held in trust for citizens.
"Transparency is not discretionary; it is a legal obligation," he wrote.
Lessons From Past Government Service
Drawing from his own experience in government, Gongloe recalled being summoned before the Senate during his tenure as Solicitor General after the Ministry of Justice indicted two sitting Senators -- one for a first-degree felony and another for a second-degree felony.
At the time, lawmakers questioned why the Ministry would indict Senators when such actions had rarely occurred previously.
"My response was consistent: the Constitution does not place Senators above the law," he wrote.
He also recounted a confrontation with the House of Representatives during his time as Minister of Labor, when lawmakers cited him over a regulation increasing work permit fees. Gongloe said he informed the Speaker that any dispute over the regulation should be addressed by the courts rather than the Legislature.
Supreme Court Limits Legislative Contempt
Gongloe also cited the Supreme Court decision in Morlu II v. House of the Senate (2008), which clarified that the Legislature's contempt powers are limited and must not be used as a tool to punish individuals for actions unrelated to legislative functions.
In that ruling, the Court held that legislative contempt exists to protect legislative proceedings, not to shield lawmakers from scrutiny.
"The Legislature's contempt authority is not unlimited," Gongloe noted. "It is bounded by constitutional constraints and subject to judicial review."
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Call for Constitutional Discipline
Gongloe cautioned that Liberia's history of political instability has often been linked to disregard for the rule of law, urging government institutions to exercise restraint and respect constitutional boundaries.
He stressed that the order of the branches in the Constitution -- with the Legislature appearing first -- does not make it superior to the Executive or the Judiciary.
"Separation of powers does not establish supremacy of one branch over another," he wrote. "It establishes coordinated accountability under constitutional limits."
Concluding his commentary, Gongloe reiterated his central message: "No House of the Legislature is above the law. No Minister is above the law. No citizen is above the law. Not even the President of the Republic is above the law."
