The Supreme Court of Liberia has granted a temporary prohibition against the suspension of the Executive Governor of the Central Bank of Liberia (CBL), Aloysius Tarlue, following a petition filed by his legal team.
The prohibition, issued by Justice in Chambers Yusif Kabba, halts the suspension imposed by President Joseph Boakai, on acts of unconstitutionally and in violation of the Central Bank Act.
Associate Justice Kabba’s decision comes after a conference earlier last week between the government and Tarlue’s attorneys.
The case will now be reviewed by the full bench of the Supreme Court for further deliberation.
The suspension of Governor Tarlue was announced by President Boakai as a measure to address findings from the General Auditing Commission’s (GAC) compliance audit report.
The audit revealed significant issues, including excessive expenditures, deficit financing, and potential money laundering, among other concerns.
The Minister of Information Jerolinmek Piah confirmed that the suspension was aimed at allowing Tarlue to address those findings.
President Boakai’s communication to Tarlue cited the Auditor General’s Report as the basis for the suspension, which is connected to the Central Bank’s activities for the fiscal years 2018-2023.
Tarlue’s petition, filed on August 2, 2024, asserts that the suspension was unconstitutional. Represented by Gongloe & Associates, Inc., Tarlue contends that his fixed five-year term, which began on July 15, 2021, can only be terminated through impeachment by the National Legislature, not by a presidential decree.
His legal team argues that the suspension, lacking a formal hearing, violates due process and undermines the rule of law.
Tarlue’s petition also references Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which mandates that the Executive Governor’s term, once confirmed by the Liberian Senate, is protected.
Additionally, Article 20(a) of the 1986 Constitution guarantees due process, and Tarlue’s team argues that the Executive Branch’s actions encroach upon the Legislature’s exclusive authority to impeach and remove the Executive Governor.
Tarlue’s legal representatives, led by Counsellor Tiawan S. Gongloe, argue that the suspension could set a dangerous precedent, potentially allowing the Executive Branch to arbitrarily remove other tenure-protected officials, including Supreme Court members.
They seek immediate reinstatement for Tarlue, urging the Supreme Court to issue a stay order to prevent such actions in the future.
The Supreme Court’s review of this case is anticipated to have significant implications for the balance of power within the Liberian government and the protection of tenure for high-ranking officials.
