The Republic of Liberia says former President Charles G. Taylor is not qualified to the entitlements provided for by the Act of 6 July 1978.
According to the Liberian government, the Act qualifies in clear and unequivocal terms the mode and manner of a President’s retirement and his status after retirement in order for him or her to benefit.
The government which is testifying as respondent in an ongoing trial at the ECOWAS Court of Justice against the former President who is contending that as the 22nd President of the Republic, he is entitled to pension and other benefits as specified in the country’s Act to amend an Act providing for the retirement pension of the President and Vice President of the Republic of Liberia promulgated by the country’s parliament in 2003.
But the respondents argued that Mr. Taylor did not retire honorably, as this would mean voluntarily quitting office, having reached a certain age but was under a criminal indictment by the special court of Sierra Leone.
The government further argued that considering the political and military situation in the country at that time and in order to save his life, the former President negotiated and accepted an arrangement under which he resigned and was exiled to Nigeria but was arrested in 2006 while trying to flee Nigeria and ultimately sent to the Special court of Sierra Leone.
Earlier, on April 26, 2012, the government said in its response that Taylor was convicted for war crimes and crimes against humanity and sentenced to 50 years of imprisonment which he is currently serving in England.
The respondent argued that the applicant did not also retire to a private life as claimed as there is no provision for privacy in jail and also questioned the possibility of a prisoner having aides.
The government insisted that the law only covers former presidents who retired honorably and who reside in the country and therefore urged the court to dismiss the claims by the former President as ‘factually and legally defective.
It also requested the court to declare the application inadmissible as the Act on which the applicant based his claims does not apply to convicts and persons serving prison terms.
Meanwhile, the ECOWAS Court of Justice has adjourned hearing into the suit filed on Taylor allegations of the violation of his human rights over the payment of his pension and retirement benefits.
The matter was adjourned on Wednesday, May 25, 2022 to enable the Counsels of the former President to file a response to the submissions from the Government of Liberia.
The Presiding Judge, Justice Dupe Atoki, announced the adjournment in what it termed as the ‘interest of justice,’ despite the objection of the government’s Counsel, Lafayette Gould.
The former President’s case is that the alleged “refusal” of the Republic of Liberia to pay his pension and retirement benefits since ‘resigning from office on August 11, 2003 constitute a violation of his human rights, particularly the right to freedom from discrimination, equal protection of the law, right to dignity, fair hearing and property as guaranteed under Article 2, 3, 4, 7 and 14 of the African Charter on Human and Peoples’ Rights.
The Act, according to the suit, relates to the retirement pension of the President and Vice President of the Republic of Liberia, the Speaker and Deputy Speaker of the House of Representatives, the President Pro-Tempore of the Liberia Senate and Members of the Liberian Legislature, the Chief Justice and the Associate Justices of the Supreme Court of Liberia.
He referred to Sections 1 and 2 of the Act published on November 26, 2003, which provides that a former President who honorably retired to private life and who is not in any way gainfully employed by Government shall receive from Government a pension equal to fifty percent of the salary of the incumbent President.
He argued that a former President is also expected to be provided with a personal staff and facilities for the remainder of his/her life in an amount that shall not be less than US$ 25, 000 per annum.
The Act also provides that the surviving spouse of a former President shall be entitled to receive annuity equal to 50 percent of the pension received by the former President.
The surviving spouse of the former President shall be entitled to a personal staff and facilities for the remainder of her life. The amount allowed for this shall not be less than US$ 12,500 and it shall commence as of the date of the death of the former President.
According to the Act, the pension provides for payments due to a surviving spouse to be paid on the death in equal parts to each of his/her minor children of the deceased President.
The applicant, who served as President between August 7, 1997 and August 7, 2003, relied in the suit on the provisions of Articles 14, 2, 3, 7 and 19 of the African Charter of Human and Peoples Rights and Articles 17, 2, 8, 23 and 10 of the Universal Declaration on Human and Peoples Rights, Articles 2, 7 of the International Covenant on Economic and Social Cultural Rights, Chapter 3 Articles 11, 18, 20, 22, 24 and 26 of the Liberian Constitution of 1986.
