The Chambers Justice, Yussif D. Kaba, has cited the suspended Central Bank of Liberia Governor Aloysius Tarlue to a conference today, August 6, 2024.
The citation issued yesterday followed a petition for the Writ of Prohibition filed against the Executive Branch of Government headed by President Joseph Boakai.
Petitioner Tarlue will be represented by the Gongloe & Associates, Inc. at the conference called by Associate Justice Kaba presiding in Chambers at 300pm and it is expected that the crux of the meeting will be on the petition for the issuance of the alternative writ of prohibition to be served on the respondent to show cause why the peremptory writ should not issue for the following legal and factual reasons.
The petitioner informed the Justice in Chamber that he was duly appointed as the Executive Governor of the Central Bank of Liberia in accordance with the controlling law of the Central Bank Act of the Republic of Liberia on July 15, 2021.
The content of the petitioner’s letter of appointment clearly states that by virtue of his appointment as the Executive Governor, he had a definite term to serve and could not be dismissed by the President of Liberia or removed from performing his function, except by impeachment by the Legislature.
The petitioner states that Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which was published into handbill on September 21, 2020, clearly states that the appointment of the Non-Executive Governors, Executive Governor, and Deputy Governors 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 Liberian Senate, for a term of five years.
As to count three above, the petitioner provides that the appointment procedure must be finalized within 60 days preceding the expiration of the term of the relevant Non-Executive Governor, with the condition that a Non-Executive Governor by effluxion of time shall be eligible for reappointment, provided that he or she shall not serve for more than two consecutive five-year terms.
The Petitioner asserts that his suspension violates Article 20(a) of the 1986 Constitution, which states that no person shall be deprived of life, liberty, security of the person, property, privilege, or any other right, except as the outcome of a hearing judgment, consistent with the provisions laid down in this Constitution and in accordance with due process of law.
His suspension without pay is tantamount to removal and was done without a hearing.
The petitioner notes that on June 16, 2005, the National Transitional Legislative Assembly of the Republic of Liberia amended and repealed Chapter 53 of the Executive Law of 1972, creating the General Auditing Office and placing it under the Executive Branch of Government, granting it the status of an independent autonomous agency amendable to the Legislative Branch of the Government of the Republic of Liberia as clearly provided in Section 1 of the aforementioned Amended Act.
The Petitioner further states that subsection 4.2(b) of the 2014 Act of the GAC, captioned “Final Audit,” says that the General Auditing Commission shall submit audit reports individually or in groups to the legislature, with copies to the President of Liberia, periodically, throughout the year, as it deems appropriate.
The petitioner further asserts that section 4.2(g) of the GAC Act of 2014 provides that in fulfilling its oversight responsibility, the Legislature, upon receipt of the audit report and should debate matters of public interest contained in the audit report with the appropriate public official in the presence of the Auditor General or his/her representatives.
The petitioner contends that his suspension by the respondent, without being given the opportunity to be heard by the appropriate Committee of the Legislature, constitutes a violation of the doctrine of separation of powers under the Constitution of Liberia, as the removal of the Executive Governor was, by the law creating the Central Bank, exclusively made a function of the Legislature.
The petitioner said asserts that a writ of Prohibition is the only remedy available to him under the circumstances to undo what has been illegally done by the Executive Branch of Government against him.
The petitioner further stated that prohibition will lie to undo what has been illegally done by the respondent and to prevent the respondent from proceeding further to commit other illegal acts against the petitioner.
The petitioner contends that if the respondent is not prohibited from removing from office officials in the three branches of government with tenures protected by law or whose removal can only be by impeachment or other legal procedures and for specifically stated legal grounds, then such arbitrary action by the government may become a precedent for the respondent/ Executive Branch of government.
