—As Supreme Court Holds Conference with Parties on a Writ of Prohibition
IPNEWS: All eyes are set to the supreme court ahead of its hearing later Tuesday, August 6, 2024, over a writ of prohibition filed by suspended Central Bank Governor, Aloysius Tarlue.
Associate Justice Yussif D. Kabba, presiding in the Chamber of the Supreme Court of Liberia, has schedule the conference to address the controversial suspension of Central Bank of Liberia (CBL) Executive Governor Aloysius Tarlue, at 3:00 pm, which brings together the legal representatives of suspended CBL Governor Tarlue, led by former Presidential candidate Cllr. Taiwon Gongloe, and prosecutors from the Ministry of Justice.
The writ of prohibition, copies seen by the authoritative Independent Probe newspaper, features a submission of suspended Governor Tarlue praying the Supreme court that the petitioner show cause why the peremptory writ should not be issue for the legal and factual reasons.
Suspended Governor argued that the Executive Governor of the CBL was duly appointed in accordance with controlling law of the CBL Act of the Republic of Liberia, on the 15th day of July A.D. 2021.
Tarlue also states that the content of his letter of appointment 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 National Legislature.
He further contended that section 13.1 of the Amended and Restated Act establishing the CBL (1999), which was published into handbill on September 21, 2020, clearly states that the appointment of the non-Executive Governors, Executive Governor, and Deputy Governor 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 Liberia Senate, of the term of five years.
“As to count three above, the petitioner provides that the appointment procedure must be finalized within sixty days preceding the expiration of the term of the relevant no-Executive Governor , with the condition that a Non-Executive Governor by effluxion of time shall be eligible for reappointment provided that the he or she shall not serve for more than two consecutive five-year-terms.” Suspended Governor Aloysisus Tarlue contended. Details come subsequently.
Last week, the Liberian President Joseph Boakai appointed Henry Saamoi as acting Executive Governor of the Central Bank of Liberia, following audit report showing alleged financial irregularities.
President Boakai also reactivated the Economic Management Team to tackle economic uncertainties, coordinate fiscal and monetary policy, accelerate economic reforms, strengthen regulations and build resilient economy, the statement said.
Both Saamoi and members of the Economic Management Team were indicted into office last weekend at the grace of President Joseph N. Boakai.
Ahead of Tuesday’s conference, legal luminaries have predicted a critical moment not only ongoing legal battle surrounding the suspension of the CBL Governor but the overall fight against corruption which remain Liberia’s greatest enemy.
Governor Tarlue’s suspension has sparked considerable debate and controversy, with various stakeholders questioning the legality and motive behind the action. The decision made by President Joseph Boakai, has been met with mixed reactions.
Critics argue that the suspension undermines the independence of the Central Bank, an institution vital to Liberia’s economic stability.
Others argued that President Boakai’s suspension of CBL Governor violates the workings of the Public Accounts Management established by law to review and recommend appropriate sanctions for persons found responsible for acts of corruption
Right wing most of whom are pro-supporters argued that the PAC at the Legislature cannot effectively investigate such acts of corruptions in mainstream government in that most of the members of the Legislature have been mentioned in other reports of having hands in the disappearance of millions from the national coffers.
Howbeit, Cllr. Gongloe and his team are expected to present compelling arguments in defense of Tarlue, challenging the legality of the suspension and advocating for his reinstatement.
The situation has escalated to a point where the integrity of the Supreme Court and the justice system is under scrutiny.
In a pointed message, critics warned that any ruling against Governor Tarlue, despite the evidence in his favor, would place the justices at the mercy of political pressures from President Boakai. The statement highlights concerns over the potential erosion of judicial independence and the rule of law in Liberia. It also underscores the significance of tenured positions within the judiciary, which, like the governorship of the CBL, are meant to protect officials from undue political influence.
As the nation watches closely, the outcome of this conference could have far-reaching implications for Liberia’s political and legal landscape. The case has become a focal point for discussions on good governance, judicial independence, and the separation of powers.
Observers are keen to see how the Supreme Court will navigate this contentious issue and whether it will uphold the principles of justice and fairness in its deliberations.
The world awaits the outcome of the conference, which will set a precedent for the handling of similar cases in the future. The hearing is not just a test for the Supreme Court but also a litmus test for Liberia’s commitment to upholding democratic values and ensuring that the judiciary remains an impartial arbiter of justice. As the conference approaches, all eyes are on Associate
Justice Kabba and the Supreme Court, awaiting their decision with bated breath.
