Justice Kaba Reserves Ruling In CBL Case

MONROVIA – Reports reaching The Analyst says Justice in-Chambers Jusuf Kaba has reserved ruling in the “illegal suspension” petition filed a day or two ago by Central Bank Governor Aloysius Tarlue, promising both government lawyers and lawyers of the plaintiff that he would get back to them in due time. He did not say exactly when.

This paper also gathered that Defence lawyers led by former Presidential candidate Cllr. Taiwon Gongloe had argued that President Joseph Boakai was in error by suspending Mr. Tarlue, the CBL Governor who enjoys job tenure and therefore is protected from arbitrary presidential removal.

A judicial source said the defence lawyers further argued that the grounds of General Auditing Commission (GAC) reports used by the president to oust Mr. Tarlue from his tenurized post is not sufficient for such action, as the CBL Act is clear in details regarding how a CBL governor can be suspended or dismissed, and not through a arbitrary presidential action.

The source quotes the defence counsels as saying that the President’s decision against Tarlue was “unlawful and unconstitutional”, a breach of multiple financial laws consistent with the 1999 CBL Act, the Revenue Code of Liberia Act of 2011, and the Public Financial Management law.

It can be recalled that Executive Governor Tarlue took flight to the Supreme Court, feeling aggrieved for his suspension by president Boakai on account to a GAC audit charging wrongdoing.

In a letter addressed to Tarlue regarding his suspension, President said the Governor was “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.

“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.”

Representing their client before Justice Kaba in Chambers, Defence lawyers argued that the Executive Governor of the CBL could only be removed through an impeachment by the National Legislature in keeping with Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which specifies the criteria for appointing Non-Executive Governors, Executive Governors, and Deputy Governors from individuals in good standing and of impeccable character in the fields of banking, finance, economics, law, or management.

The source further told The Analyst that government lawyers counterargued, stating that in keeping with the doctrine of separation of powers, the President as the chief custody of the administering rights of the country and the head of the first breach of Government, does have the moral duties to act in the case of the CBL whence the alleged doers of the act was still presiding, thus giving reasons for undermining and instituting a fair and impartial investigation.

“President Boakai acted in line with his duty to protect and defend the state, especially whence there were reasons to believed that gross improprieties have been committed,” the source quoted prosecution lawyers as saying.

Independent pundits say corruption-related reports from the GAC must be submitted to the Legislature Public Accounts Committee for revision, deliberation, and recommendation before Executive action.

The quoted the law on CBL as saying that the appointment of the CBL Governor is the sole prerogative by the President of Liberia, subject to confirmation by the Liberian Senate, for a term of five years.