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Chief Justice Yuoh declares past finance ministers’ actions ultra vires

by Garmah Lomo | The Liberian Investigator
March 11, 2025
in News, UPDATE
Reading Time: 3 mins read
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Published: March 11, 2025

MONROVIA –  Chief Justice Sie-A-Nyene G. Yuoh has accused past Liberia’s Finance and Development Planning Ministers, of overstepping his authority by unilaterally determining the Judiciary’s budget—a move she says directly undermines the rule of law and violates Liberia’s Judicial Financial Autonomy Act of 2006.

Speaking at the opening of the Supreme Court’s March A.D. 2025 term, Chief Justice Yuoh condemned the minister’s unilateral decision to dictate the Judiciary’s budget, a move she deemed a blatant violation of the Judicial Financial Autonomy Act of 2006.

The Chief Justice highlighted a persistent refusal by both the Executive and Legislative branches to adhere to the law, allowing the Minister of Finance to assign budgetary allocations to the Judiciary in the same manner as other spending agencies. According to her, the minister not only determined the Judiciary’s budget but also dictated how funds should be used, an overreach that contravenes the Financial Autonomy Act.

“In short, it was the Minister of Finance who set the budget for the Judiciary, a conduct that was clearly in violation of the Financial Autonomy Act of 2006—hence, ultra vires,” she declared.

Chief Justice Yuoh re-emphasized the Judiciary’s independence and the necessity for adherence to Section 21.3 (1) (2) of the New Judiciary Law, which explicitly grants financial autonomy to the Judiciary. The law mandates that the Supreme Court submits its annual budget estimates directly to the Bureau of the Budget, ensuring that these estimates are transmitted to the Legislature without revision. Additionally, it requires that funds allocated to the Judiciary be disbursed quarterly without undue interference.

“The essence of this law is to protect the Judiciary from undue financial and political influence while ensuring a strong, efficient, and robust judicial system,” she stated. “The Judiciary is not a mere government agency but a constitutional branch of government, and its budgetary allocations must not be subjected to the whims of ministers, directors, and supervisors at the Ministry of Finance.”

She warned against any future attempts to undermine judicial independence and vowed that no Supreme Court bench should allow such encroachments.

The Chief Justice lamented the ongoing budgetary challenges faced by the Judiciary due to insufficient allocations, which have weakened its ability to function effectively. She reminded her fellow judges of their oath to administer justice impartially, without fear or favor, urging them to remain resolute in upholding the law.

“I reiterate the words of Chief Justice A. Dash Wilson Sr. in his 1968 Opening Address: ‘The position of a judge is a sacrificial one, dominated only by the observance of his sacred oath of office, patriotic loyalty to the administration in power, and a conscience that guides him continuously against injudicious speculations and gamble,’” she quoted.

Chief Justice Yuoh acknowledged that through discussions with President Joseph Nyumah Boakai, legislative leaders, and finance ministry officials, they were able to secure adherence to the Financial Autonomy Act in the formulation of the 2025 National Budget. The Judiciary submitted its budget estimates directly to the Ministry of Finance, leading to constructive engagements before finalizing an acceptable budget for legislative approval.

Despite this progress, she expressed concern over the Executive Branch’s failure to incorporate the Judiciary’s Strategic Plan into the government’s broader development agenda under President Boakai’s ARREST Agenda for Inclusive Development.

She particularly criticized the lack of action on longstanding infrastructure concerns, such as the deteriorating state of the Temple of Justice building. Since March 2023, the Judiciary has repeatedly urged the government to prioritize the construction of a new Supreme Court building to decongest the current facility, but these calls have largely gone unheeded.

Tags: Chief JusticeMinister of Finance
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Garmah Lomo | The Liberian Investigator

Garmah Lomo | The Liberian Investigator

Garmah Lomo is a Liberian journalist with over a decade of experience covering the Judiciary Branch of government. She is a 2024 graduate of the African Methodist Episcopal Zion University, where she earned a Bachelor of Arts degree in Sociology and Demography. She also holds an Associate Degree in Sociology and Journalism from the Lincoln College of Professional Studies.

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