—-Supreme Court Threatens Over Budget Dissatisfaction

IPNEWS: At the start of the budget hearing in late May 2024, the Supreme Court of Liberia hinted that it would not tolerate displeasure from both the Executive and Legislature in the appropriation of the national budget for the Legislature.

It was anticipated that both Houses of the Legislature would have instituted a just budget review committee to satisfy the numbers complaints and displeasure of the Judiciary Breach, yet it remains clear that not much was done prior to the passage of the fiscal national budget of 2024.

Now, Justices of the Honorable Supreme Court of Liberia have issued another stern warning this time to shut down all operations of the Joseph N. Boakai’s government and strike down the national budget law if the President Boakai and the Legislature do not immediately address concerns raised over the budgetary allocation of the judiciary.

As Political pundits review the constitutional reliance of the Justices threat, Chief Justice Sie-A-Nyene G. Yuoh is insisting that the Judiciary is fully cognizant of the law and the powers of the Judiciary in keeping with the constitution and will strike to bring the Executive and Legislative collusion to a stop.

“We, as the Supreme Court and head of the judiciary, are fully cognizant of our powers of judicial review and the constitutional authority to strike down any law that runs contrary to the Constitution,” Chief Justice Yuoh declared, emphasizing the court’s potential actions against the budget law.

Article 3 of the 1986 Constitution of the Republic of Liberia states: Liberia is a unitary sovereign state divided into counties for administrative purposes. The form of government is Republican with three separate coordinate branches: the legislative, the Executive and Judiciary. Consistent with the principles of separation of powers and checks and balances, no person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this Constitution; and no person holding office in one of the said branches shall serve on any autonomous public agency. 

This court has also upheld the longstanding principle of constitutional interpretation which states in part, “ the constitution must be interpreted in light of the entire document rather than a sequestracted pronouncement, as every provision of the constitution is of equal importance. None of the provisions of the Constitution should be interpreted to nullify or substantially impair the other provisions “the release said.

The released further indicated that it is within this legal context that Chapter VII of the Liberian Constitution (1986) and the supporting statuses within the New Judiciary law impose a legal obligation upon the judiciary Branch to effectively and efficiently manage the Supreme Court of Liberia and all of its administrative units. This includes 22 Circuit Courts across the fifteenth political subdivision of the country along with judges and staff, 75 specialized courts across the 15 political subdivisions of this country with their judges and staff as well as 160 magisterial courts also across the fifteenth subdivisions of this country with their magistrates and staff in order to ensure that the rule of law prevails within the borders of the country.

The lack of adequate support to the Judiciary by National government over the years have resulted to deteriorating infrastructures, lack of logistics and worsening conditions of service at the Judiciary and this is substantially impairing the duty of the judiciary branch of government as mandated by the provisions of Chapter VII of the Liberian Constitution referred to Supra.

The release noted that in the spirit of coordination and cooperation, meeting were held with the leadership of the Legislature and the presidency prior to the passage of this year’s fiscal budget in which the judiciary brought to the attention of its other two co-equal Branches of the Liberian Government that the constant violation of the financial Autonomy Act of the Judiciary law, which consistently relegated an entire branch of government to a mere department under the Executive Branch was not only undermining the Rule of law in Liberia but also debasing a co-Branch of government.

It appears evident, however, from the passage of the fiscal budget 2024, that both the Legislative and Executive Branches of the Liberian government are not prepared to regard the Judiciary as a co-equal Branch of the same government with attending needs as they have elected to appropriate a meager 2.8% of the National budget to the Judiciary (the 2nd largest Branch), whilst the same Legislative Branch (the smallest) allocates 13.84% to itself and 83.36% to the Executive Branch.

The Judiciary noted that this has happened despite assurances made that such serious concerns of the Judiciary was going to be addressed even if not in its entirety.

This, the Judiciary views as unfair, unjust and an attempt by the other two branches of government to further reduce the Liberian Judiciary to nothing: a condition unacceptable to the Liberian judiciary.

Chief Justice Yuoh stressed that their actions have been taken in the spirit of cooperation and coordination among the three branches of government. “Unfortunately, we must be constrained to take actions to compel compliance, including but not limited to Article 2 of the 1986 Constitution,” she added.

She warned that if the situation is not immediately addressed by President Joseph Nyumah Boakai and the leadership of the Legislature, it could lead to a constitutional crisis. “This Bench will not accept such treatment of indifference and imposition from our co-equals in the government,” she asserted.

Chief Justice Sie-A-Nyene G. Yuoh defied has stood up to the Legislature telling Liberian Lawmakers that the Judiciary Branch of government will never appear before them to defend their budget, because the President does not appear before them to defend his budget.

It may be recalled, that at the start of the budget process, the Supreme Court submitted a budget estimate of US$31 million to the Ministry of Finance and Development Planning. However, the Ministry, without legal authority or reference to the Supreme Court, submitted a different budget estimate of US$17 million to the Legislature.

The Legislature then appropriated a contingent amount of US$3 million, which the Ministry termed as a “one-off/non-recurrent” appropriation meant only for judges’ benefits. The total appropriation of US$20 million, constituting just 2.8% of the national budget, was rejected by the Supreme Court.

In a meeting convened by President Boakai, it was agreed that the Judiciary’s budget would be reviewed upward. Speaker of the House of Representatives committed to having the relevant committees meet with the Judiciary’s technical team to recast the budget within two weeks. However, five weeks have passed with no follow-up from the Ministry or the Legislature.

On July 5, 2024, the Supreme Court wrote to President Boakai expressing its disappointment and dismay over the lack of action, contrary to the spirit of the June 23, 2024, tripartite meeting.

“This posture of the Legislature and Executive leaves us to wonder if the commitment made at the meeting to have the three branches of government work in coordination, collaboration, and mutual respect to uphold the rule of law is sincere,” Chief Justice Yuoh pondered.

Moreover, the Public Procurement and Concession Commission has refused to approve the Judiciary’s procurement plan based on its original budget estimates, leaving courts across the country stranded. “The Judiciary is unable to procure any operational materials to facilitate the travel of judges to their assigned circuits for the August Term of court, scheduled to open on August 12, 2024,” she noted.

The President of the Liberian National Bar Association, Cllr. Sylvester D. Rennie, backed the Supreme Court’s stance. “If the rule of law will prevail, President Joseph Nyumah Boakai must put his foot down and do the necessary things the Judiciary is requesting,” Cllr. Rennie stressed. He added that the pillar of every government depends on the rule of law, and the Judiciary’s strong statement should serve as a wake-up call to the government.

“Since the President took over, he has ignored our request to have an audience with us,” Cllr. Rennie added, underscoring the gravity of the situation and the urgent need for resolution.