Supreme Court Places Prohibition on Suspension of CBL Executive Governor Tarlue; Case Forwarded to Full Bench

Published: August 9, 2024

MONROVIA – The Supreme Court’s Justice in Chambers, Yusif Kabba, has placed a prohibition on the suspension of J. Aloysius Tarlue, Executive Governor of the Central Bank of Liberia (CBL), who argued that his suspension by President Joseph Boakai was unconstitutional and violated the Central Bank Act.

Justice Kabba, after convening a conference between the government and Governor Tarlue’s legal team earlier this week, sided with Tarlue’s petition by granting a temporary prohibition. However, the Writ of Prohibition has been forwarded to the full bench of the Supreme Court for further deliberation.

According to Minister of Information Jerelinmek Piah, Tarlue’s suspension was intended to allow him to address the findings of the General Auditing Commission’s (GAC) compliance audit report. The audit uncovered issues such as excessive expenditures, deficit financing, improper transactions, unauthorized payroll financing, potential money laundering concerns, and a lack of competitive bidding in procurement processes.

President Boakai, in his communication to Governor Tarlue, stated, “The decision to suspend you is based on the Auditor General’s Report from the Compliance Audit of the Central Bank for the fiscal years 2018-2023.”

Prior to the audit, there were unconfirmed reports that President Boakai had asked Tarlue to resign to facilitate the appointment of a new Executive Governor. However, the two parties reportedly could not agree on Tarlue’s settlement fees, with Tarlue allegedly seeking compensation totaling US$1.3 million to cover his salary and benefits for the remainder of his tenure.

Governor Tarlue’s Legal Challenge

In the petition for prohibition filed before the Supreme Court, Governor Tarlue argued that the Executive Branch acted illegally and unconstitutionally by suspending him. Filed on August 2, 2024, the petition seeks to halt the Executive Branch’s actions, which Tarlue claims violate the Central Bank Act and the 1986 Constitution of Liberia. Represented by Gongloe & Associates, Inc., Tarlue’s legal team contended that his suspension, executed without a formal hearing, breaches due process and undermines the rule of law.

Tarlue emphasized that he was appointed on July 15, 2021, for a fixed five-year term—a tenure that can only be terminated through impeachment by the National Legislature, not by presidential decree. His petition highlights that his letter of appointment explicitly states that he had a definite term of service and could not be dismissed or removed from office by the President, except through the process of impeachment by the National Legislature.

Grounding his argument in Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), Tarlue pointed out that the Executive Governor’s appointment, once confirmed by the Liberian Senate, is for a five-year term. He asserted that his suspension directly violated this legal stipulation.

The petition also cited 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. Tarlue’s legal team argued that the Executive Branch’s actions encroached on the Legislature’s exclusive authority to impeach and remove the Executive Governor, thus disturbing the balance of power within the government.

“The Petitioner 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 stated.

Tarlue also warned of the broader implications of his suspension, arguing that it could set a dangerous precedent that might allow the Executive Branch to arbitrarily remove other tenure-protected officials, including members of the Supreme Court. His petition stressed that such actions threaten to erode the checks and balances established by the framers of the Constitution.

Represented by Counsellor Tiawan S. Gongloe and his team, including Counsellors Daoda M.T. Keita, Migbeh S. Gbartor-Dor, and G. Kandakai, Tarlue is seeking immediate reinstatement with all rights and emoluments. His legal team argued that the Executive Branch’s conduct is “illegal and contrary to what normally obtains in such cases and circumstances,” and urged the Supreme Court to issue a stay order against the suspension to prevent similar actions in the future.