Published: July 19, 2024
MONROVIA — The Supreme Court of Liberia has issued a stern warning that it may shut down government operations and strike down the national budget law if the executive and legislative branches do not address its concerns over the judiciary’s appropriations. Chief Justice Sie-A-Nyene G. Yuoh announced this at a press conference held at the Supreme Court Chambers on July 19, 2024, with Judges, lawyers, and the LNBA President Cllr. Sylvester D. Rennie in attendance.
By Garmah Lomo, with The Liberian Investigator
“We, as the Supreme Court and head of the judiciary, are fully cognizant of our powers of judicial review and the constitutional authority to strike down any law that runs contrary to the Constitution,” Chief Justice Yuoh declared, emphasizing the court’s potential actions against the budget law.
Chief Justice Yuoh stressed that their actions have been taken in the spirit of cooperation and coordination among the three branches of government. “Unfortunately, we must be constrained to take actions to compel compliance, including but not limited to Article 2 of the 1986 Constitution,” she added.
She warned that if the situation is not immediately addressed by President Joseph Nyumah Boakai and the leadership of the Legislature, it could lead to a constitutional crisis. “This Bench will not accept such treatment of indifference and imposition from our co-equals in the government,” she asserted.
At the start of the budget process, the Supreme Court submitted a budget estimate of US$31 million to the Ministry of Finance and Development Planning. However, the Ministry, without legal authority or reference to the Supreme Court, submitted a different budget estimate of US$17 million to the Legislature.
The Legislature then appropriated a contingent amount of US$3 million, which the Ministry termed as a “one-off/non-recurrent” appropriation meant only for judges’ benefits. The total appropriation of US$20 million, constituting just 2.8% of the national budget, was rejected by the Supreme Court.
In a meeting convened by President Boakai, it was agreed that the Judiciary’s budget would be reviewed upward. Speaker of the House of Representatives committed to having the relevant committees meet with the Judiciary’s technical team to recast the budget within two weeks. However, five weeks have passed with no follow-up from the Ministry or the Legislature.
On July 5, 2024, the Supreme Court wrote to President Boakai expressing its disappointment and dismay over the lack of action, contrary to the spirit of the June 23, 2024, tripartite meeting.
“This posture of the Legislature and Executive leaves us to wonder if the commitment made at the meeting to have the three branches of government work in coordination, collaboration, and mutual respect to uphold the rule of law is sincere,” Chief Justice Yuoh pondered.
Moreover, the Public Procurement and Concession Commission has refused to approve the Judiciary’s procurement plan based on its original budget estimates, leaving courts across the country stranded. “The Judiciary is unable to procure any operational materials to facilitate the travel of judges to their assigned circuits for the August Term of court, scheduled to open on August 12, 2024,” she noted.
The President of the Liberian National Bar Association, Cllr. Sylvester D. Rennie, backed the Supreme Court’s stance. “If the rule of law will prevail, President Joseph Nyumah Boakai must put his foot down and do the necessary things the Judiciary is requesting,” Cllr. Rennie stressed. He added that the pillar of every government depends on the rule of law, and the Judiciary’s strong statement should serve as a wake-up call to the government.
“Since the President took over, he has ignored our request to have an audience with us,” Cllr. Rennie added, underscoring the gravity of the situation and the urgent need for resolution.
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