Face to Face with Justice-In-Chamber Kabba -Boakai’s Lawyers Meet CBL’s Tarlue Over “Unlawful Suspension”

MONROVIA – Not all executive appointees met in office by the Unity Party government are cowering to what some pundits describe as administrative or political bully. Some are standing their ground—firmly. Among them is Central Bank of Liberia Executive Governor Aloysius Tarlue who, for his part, has dragged the president and his lawyers to the Supreme Court for “illegally” suspending him from office over mere audit reports. Anytime today, the president’s lawyers will face off with Mr. Tarlue before Justice in Chamber Yussif D. Kabba to show why their suspension action against their client should not be thrown over the window. The Analyst reports.

Associate Justice His Honor Yussif D. Kabba is today presiding in the Chamber of Supreme Court of Liberia, for a conference, to which he has summoned the Ministry of Justice and presidential lawyers and the legal team of Executive Governor Aloysius Tarlue. The Tarlue team is headed by one of Liberia’s most respected legal species, Cllr Taiwon Gongloe, who today, Tuesday, August 6, 2024, at the hour of 3:00 pm will be calling for the revocation of president Boakai’s “illegal Suspension” of the CBL Executive Governor.

It can be recalled that President Boakai suspended Tarlue for alleged corruption–alleged violations of several financial laws, including the CBL Act of 1999, the Revenue Code of Liberia Act of 2011, and the Public Financial Management Act of 2009.

In a communication to the CBL Governor, the President wrote: “Dear Hon. Tarlue: I write to inform you that you are hereby suspended from office as Executive Governor of the Central Bank of Liberia, without compensation, with immediate effect, pending the results of an investigation that I have ordered into your stewardship of the Central Bank of Liberia.”

But the suspended Central Bank Governor immediately filed before the Supreme Court of Liberia sitting in its March term a petition for a writ of prohibition against the Executive Branch of the government of the Republic of Liberia by and through the Ministry of Justice.

In the petition, Tarlue craved the Supreme court for the writ of prohibition so that the petitioner show cause why the peremptory writ should not be issued on the president and the Executive Branch.

Tarlue argued that by his appointment as the Executive Governor of the CBL, he has a definite term to serve and therefore cannot be dismissed by the President of Liberia or removed from performing his function, except by impeachment by the National Legislature.

Section 13.1 of the Amended and Restated Act establishing the CBL (1999), which was published into handbill on September 21, 2020, clearly states that the appointment of  the non-Executive Governors, Executive Governor, and Deputy Governor shall be from among persons who are in good standing and of unimpeachable character, from the business and academic community,  with experience and expertise in the business of banking, finance, economics, law, or management, by the president of the Republic of Liberia, subject to confirmation by the Liberia Senate, of the term of five years.

Tarlue further stated in his petition: “As to count three above, the petitioner provides that the appointment procedure must be finalized within sixty days preceding the expiration of the term of the relevant no-Executive Governor, with the condition that a Non-Executive Governor by effluxion of time shall be eligible for reappointment provided that the he or she shall not serve for more than two consecutive five-year-terms.”

Public Reaction

Reading from President Boakai’s trail of breaching the rule of law by arbitrarily suspending and purging officials of government, particularly those from the erstwhile CDC government, some members of the public say they are apprehensive and fearful of what could happen at the Supreme Court.

One told The Analyst, “The Justice in Chambers needs to proceed cautiously, given the sensibility of the matter at bar. These are highly critical times, and except care is taken, we either embolden creeping autocracy or solidify the rule of law”.

Another pundit, James A. Latoh, Jr., said: “Let me emphasize this point again and send it as a caveat to His Honor Yussif D. Kabba, Associate Justice presiding in the Chamber of the Supreme Court.

“An attempt for the Supreme Court to rule against the CBL Governor with availability of all facts on his side, faith in the judicial system could further wane. I say this because all the justices will be at the mercy of President Boakai, who sees politics over sincerity and good governance.”

He continued: “Let it be clear that the law that shields the tenured positions include the justices and the chief justice, and that also includes the one protecting the CBL Governorship.”

“Make no mistake, Mr. Justice in Chamber,” businessman C. N. Pantoe warned. “This hunt of Mr. Boakai knows no border. However, the world is watching.”

House PAC Chair Calls Boakai to Order

While legal challenge haunts President Boakai’s suspension of CBL Executive Governor Tarlue, the Joint Committee Chairman on Public Account Committee, Rep. Gahr is calling on President Boakai stop enforcing audit recommendations until there is a public hearing by the Committee.

The Margibi County District #5 Representative has asked Boakai to discontinue acting on audit reports until hearings are conducted by the joint committee and subsequently, the reports are made to him for action.

The lawmaker made the call on Monday in the Joint Chamber of the National Legislature while making an opening statement for the day’s Public Account Audit and Expenditure hearing currently being conducted by the committee.

Referencing Article 3 of the Liberian Constitution, Representative Gahr cautioned the President that the Auditor General’s report is currently before the National Legislature for hearing after which the validation of the report is sent to the President before actions are taken.

“No person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this Constitution, and no person holding office in one of the said branches shall serve on any autonomous public agency” Chapter 1 Article 3 of the Liberian Constitution reads.

Representative Gahr also warned that if President Boakai wants to act on any official of the government, the President’s action shouldn’t be based on an audit report that is currently before the Joint Public Account Committee.

“We want to use this medium, to call on the President on provisions of Article 3 of the Liberian Constitution which says, “No person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this Constitution, and no person holding office in one of the said branches shall serve on any autonomous public agency”.

Meanwhile, the Joint Committee Chairman has precautioned former public officials who are refusing to honor the invitations for the hearings to desist from such acts.

He threatened that if their actions continue, the committee will have no choice but to give the Liberia Anti-Corruption Commission (LACC) the go-ahead to prosecute alleged corruption cases.