Published: August 6, 2024
MONROVIA – Supreme Court Chambers Justice Yussif D. Kaba has scheduled a conference with suspended Central Bank of Liberia (CBL) Governor J. Aloysius Tarlue in response to a petition for a writ of prohibition filed by Tarlue against the Executive Branch of Government, headed by President Joseph Nyumah Boakai. The conference is expected to be held today, August 6 at 3pm.
The petition, filed by Gongloe & Associates, Inc. on behalf of Tarlue, outlines several key legal and constitutional issues regarding his suspension.
Tarlue contends that his suspension, executed without a formal hearing, breaches due process and undermines the rule of law. He was appointed on July 15, 2021, for a fixed five-year term, a tenure that can only be cut short by impeachment through the National Legislature, not by presidential decree. The petition contends that the Executive Governor’s appointment, confirmed by the Liberian Senate, is for a term of five years according to Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999). Tarlue argues that his suspension is a direct violation of this law.
Additionally, the petition highlights a breach of due process as stipulated in Article 20(a) of the 1986 Constitution, which guarantees that no person shall be deprived of life, liberty, property, or any other right without due process of law. Governor Tarlue’s lawyers argue that the Executive Branch’s action infringes upon the Legislature’s exclusive authority to impeach and remove the Executive Governor, a breach that threatens the balance of power within the government.
The petition also references subsection 14.5 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which states that a removed party is entitled to due process in accordance with the 1986 Constitution of the Republic of Liberia and other relevant laws. The petition argues that the Executive Branch’s suspension of Tarlue, based on the Auditor General’s Report on the compliance audit done by the General Auditing Commission of the Central Bank of Liberia for the fiscal periods 2018-2023, was illegal.
Tarlue contends that this suspension sets a dangerous precedent, potentially allowing the Executive Branch to arbitrarily remove other tenure-protected officials, including members of the Supreme Court. He argues that such arbitrary action may lead to a gradual slip into dictatorship by undermining the constitutional protections intended by the framers of the Constitution of Liberia.
Governor Tarlue’s legal team, led by Counsellor Tiawan S. Gongloe, alongside Counsellors Daoda M.T. Keita, Migbeh S. Gbartor-Dor, and G. Kandakai, is calling for his immediate reinstatement with all rights and emoluments. They argue that the conduct of the respondent is illegal and contrary to normal procedures in such cases, urging the Supreme Court to issue a stay order against the suspension and provide a definitive ruling to prevent such actions in the future.
Discussion about this post