Supreme Court Rejects 2024 Budget, Decries Unfair Allocation to Judiciary

The Judiciary Branch of the Republic of Liberia, led by Chief Justice Sie-A-Nyene G. Yuoh, has vehemently rejected the 2024 budget allocated to it by the government.

By Garmah Lomo, Contributing Writer

Despite President Joseph Nyumah Boakai’s ARREST Agenda prioritizing the rule of law, the Judiciary is receiving the smallest portion of the budget. This allocation raises concerns about the ability to uphold the rule of law when the legislative and executive branches receive the lion’s share.

Article 3 of the 1986 Constitution of Liberia establishes the country as a unitary sovereign state with a republican form of government divided into three separate, coordinate branches: legislative, executive, and judiciary. It mandates the separation of powers and prevents individuals from holding office in more than one branch, except as provided by the Constitution.

In a press release issued on June 5, 2024, the Judiciary stated that the appropriation of US$17 million and a one-off contingency amount of US$3 million, which constitutes 2.8% of the national budget, is an imposition by the legislative and executive branches on a co-equal branch of government. The Judiciary is not prepared to accept this allocation.

The Supreme Court acknowledged the Legislature’s power to make appropriations as enshrined in Article 34(d) of the Liberian Constitution. However, it emphasized the importance of interpreting the Constitution as a whole, ensuring that no provision nullifies or impairs another.

The press release highlighted that Chapter VII of the Liberian Constitution and the New Judiciary Law impose a legal obligation on the Judiciary to effectively manage the Supreme Court, 22 Circuit Courts, 75 specialized courts, and 160 magisterial courts across the country’s 15 subdivisions. Adequate support is essential to ensure the rule of law prevails.

The lack of support from the national government has resulted in deteriorating infrastructure, insufficient logistics, and worsening conditions of service, impairing the Judiciary’s ability to fulfill its constitutional mandate.

The Judiciary noted that meetings were held with the Legislature and the Presidency before the passage of this year’s budget. Despite raising concerns about the violation of the Financial Autonomy Act, which undermines the Judiciary by relegating it to a mere department under the Executive Branch, these concerns were not addressed.

The 2024 fiscal budget allocates only 2.8% to the Judiciary, while the Legislative Branch, the smallest branch, receives 13.84% and the Executive Branch receives 83.36%. This allocation, despite assurances to address the Judiciary’s concerns, is seen as unfair and an attempt to further diminish the Judiciary’s role. The Judiciary finds this condition unacceptable and views it as an unjust undermining of its position as a co-equal branch of government.