By Grace Q. Bryant
Seven suspended lawmakers of the 55th House of Representatives have taken their battle over unpaid salaries to the Supreme Court of Liberia, seeking legal intervention to compel the government to release their withheld earnings.
Associate Justice Ceaineh Clinton-Johnson, sitting in Chambers, is set to hear arguments on Thursday regarding the petition for a writ of mandamus filed by Representatives Abu Kamara, Marvin Cole, Frank Saah Foko, Edward Papie Flomo, Eugene Kollie, Alex Noah, and Zinnah Norman.
The lawmakers contend that, as duly elected officials, they are entitled to their full salaries and benefits as appropriated in the national budget.
However, they allege that the Ministry of Finance and Development Planning and the Comptroller of the 55th Legislature have unlawfully withheld their payments under orders from a self-proclaimed “Majority.”
According to the petitioners, they were elected by their respective constituencies on October 10, 2023, and officially sworn into office on January 15, 2024. Despite this, they claim their salaries have been unfairly withheld due to political maneuvering within the legislature.
The suspended lawmakers argue that the Supreme Court has jurisdiction over the matter under Article 66 of the 1986 Constitution of Liberia, which grants the court authority to issue remedial writs, including a writ of mandamus.
This legal instrument is used when a public official unlawfully refuses to perform their statutory or constitutional duties.
They further cite Article 25 of the Constitution, which prohibits the government from impairing contractual obligations. They assert that, as budgeted items, their salaries constitute a legal obligation of the state. Additionally, they reference Article 20(a), which guarantees due process and prohibits the deprivation of entitlements without a fair hearing.
“The Minister of Finance and the Comptroller have a duty to pay salaries as appropriated by law,” the lawmakers stated in their petition. “The continued withholding of our salaries is a violation of our constitutional and statutory rights.”
In response to the petition, Justice Clinton-Johnson has ordered the Ministry of Finance & Development Planning, represented by Minister Augustine Kpehe Ngafuan, and Comptroller Emmanuel Kopi, to appear before the Supreme Court on or before March 10, 2025, at 9:00 a.m.
The officials must provide justification for the non-payment of the lawmakers’ salaries or face a court order mandating their immediate disbursement.
The Supreme Court has also directed the respondents to submit their official response to the writ before the deadline. The outcome of this case could set a significant legal precedent regarding legislative autonomy, financial entitlements, and executive authority in Liberia.
